Three Nigerians who were recently deported from the United States and left in Ghana have filed a suit before a court in Washington DC, challenging the legality of their deportation.
Two Gambians were also part of the plaintiffs who alleged inhuman treatment during the 16-hour flight from the US to Ghana.
The suit, filed on Friday at the US District Court for the District of Columbia, was instituted on their behalf by Asian Americans Advancing Justice (AAJC).
Defendants in the suit include the U.S. Secretary of Homeland Security, Acting Director of Immigration and Customs Enforcement (ICE), Attorney General, and the Secretary of State.
The plaintiffs, identified by the initials D.A., T.L., I.O., D.S., and K.S., claimed they were woken up in the middle of the night on September 5 at a detention centre in Alexandria, Louisiana.
They said they were not informed of their destination until hours into the flight on a US military cargo plane, where they were allegedly shackled and fed only bread and water.
Their lawyers argued that the deportation violated due process rights and contravened immigration court orders, which had barred their return to their home countries on fear-based protection grounds.
“Defendants know that they may not, consistent with US immigration law, directly deport non-citizens to countries from which they have been granted fear-based protection.
“As an end-run around this prohibition, defendants have enlisted the government of Ghana to do their dirty work,” the plaintiffs said in the filing.
They are asking Tanya Chutkan, a U.S. district judge, to order their return to the U.S.
The lawyers also argued that the immigrants were granted protection under the Immigration Nationality Act and the Convention Against Torture.
President John Dramani Mahama of Ghana recently confirmed that his country had struck a deal with the US to accept 14 deportees and facilitate the return of some to their countries of origin.
The deportation aligns with President Donald Trump’s aggressive crackdown on immigrants, whom he often described as “criminals” and “aliens” from countries with high rates of visa overstays.