A federal judge in the United States on Saturday criticised the Trump administration for deporting Nigerian and Gambian migrants to Ghana, raising concerns that the action bypassed court-ordered protections intended to prevent their return to their home countries.

According to the New York Times, Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia held an emergency hearing after lawyers for five migrants argued that returning them to Nigeria and Gambia would expose them to persecution. The judge noted that the deportations appeared to be part of a deliberate scheme to circumvent legal obligations under U.S. immigration law.

While Chutkan expressed scepticism about the government’s approach, she did not order the immediate return of the migrants to the United States. Instead, she directed the administration to submit a sworn statement detailing measures taken to prevent the migrants from being sent back to Nigeria or Gambia.

Court filings indicate that one of the Nigerian and Gambian migrants, identified only as K.S., has already been deported from Ghana to Gambia. K.S. is a bisexual man, and same-sex relationships are criminalised in Gambia, where he now fears for his life. The remaining four migrants remain in detention at a Ghanaian military facility known as Dema Camp, in conditions described in court filings as “abysmal.”

Judge Chutkan criticised the Trump administration for allowing the agreement with Ghana to proceed despite U.S. legal obligations, saying, “These are not speculative concerns. The concerns are real enough that the United States government agrees they shouldn’t be sent back to their home country.”

The case echoes the prior deportation of Kilmar Armando Abrego Garcia, in which the administration removed a migrant to a third country despite court protections. Justice Department lawyers argued that once the migrants were in foreign custody, the U.S. government lacked authority to control their movements. Elianis N. Pérez, representing the Department, said, “The United States is not saying that this is OK. What the United States is saying is that the United States does not have the power to tell Ghana what to do.”

Chutkan challenged this position, suggesting the arrangement with Ghana was intended as an “end run around the United States’ obligations.” She highlighted that federal courts had blocked lower-court rulings designed to prevent deportations to countries where migrants faced risk of persecution.

Ghanaian President John Dramani Mahama confirmed that his government had accepted 14 deportees from the U.S., including the Nigerian and Gambian migrants, under an agreement with the Trump administration. The agreement has faced criticism in Ghana, with opposition lawmakers questioning the parliamentary approval process and expressing concern that it aligns the country with U.S. immigration policies considered “harsh and discriminatory.”

The U.S. Department of Homeland Security denied the use of straitjackets or physical abuse but did not address the legal concerns raised by the plaintiffs. Judge Chutkan allowed more time for lawyers to prepare arguments and requested that the administration provide an update on measures to protect the remaining migrants.