A lawsuit has been filed against the US government by three Nigerians and two Gambians who claim their deportation from the United States to Ghana was unlawful.
The plaintiffs, represented by Asian Americans Advancing Justice (AAJC), allege they were subjected to inhumane treatment during the 16-hour flight, including being shackled and fed only bread and water.
They were not informed of their destination until hours into the flight.
The plaintiffs claim they were restrained in straitjackets during the flight and held in a remote detention camp in Ghana with inadequate conditions.
The lawsuit argues that the US government knowingly circumvented immigration laws by deporting them to Ghana, a country they had no connection to, with the intention of sending them to their home countries where they face persecution or torture.
The plaintiffs claim their deportation violated due process rights and contravened immigration court orders that barred their return to their home countries on fear-based protection grounds.
A Gambian national granted protection under the UN Convention Against Torture due to his sexuality was deported from Ghana to Gambia and is now in hiding, fearing for his life.
The four other plaintiffs remain in detention in Ghana, facing imminent removal to their home countries.
Meanwhile, the US Department of Homeland Security denied using straitjackets, but did not address the legal concerns.
The government argued that it no longer has custody of the migrants and that the court lacks authority to intervene in diplomatic actions.
Ghana’s President John Dramani Mahama confirmed the country had struck a deal with the US to accept West African deportees, stating Ghana would act as a temporary transit point, not the final destination.