Judge Tanya Chutkan admits she lacks jurisdiction to stop controversial deportation

By 
 September 17, 2025

This past week saw the Trump administration deport a collection of 14 illegal migrants to the West African nation of Ghana.

While that move was challenged in court, a notoriously anti-Trump judge recently admitted that her "hands are tied."

Lawsuit accuses Ghana of holding men in "open-air detention facility"

According to The Hill, that admission came on Tuesday from U.S. District Judge Tanya Chutkan, who was appointed by President Barack Obama and criticized by conservatives over her handling of President Donald Trump's January 6 case.

Chutkan heard arguments brought by attorneys representing the deported men, 13 of whom are Nigerian while one hails from Gambia.

They allege that their clients are being detained in Ghana at an "open-air detention facility surrounded by armed military guards."

Although Chutkan agreed that five of the individuals in question are likely to face persecution if sent to their home countries, the judge said that she lacks jurisdiction to hear their complaints.

Judge "alarmed and dismayed" by circumstances surrounding deportations

"The court does not reach this conclusion lightly. It is aware of the dire consequences Plaintiffs face if they are repatriated," Chutkan wrote in her 16-page opinion.

"And it is alarmed and dismayed by the circumstances under which these removals are being carried out, especially in light of the government's cavalier acceptance of Plaintiffs' ultimate transfer to countries where they face torture and persecution. But its hands are tied," she stressed.

"Defendants’ actions in this case appear to be taken in disregard of or despite its obligations to provide individuals present in the United States with due process and to treat even those who are subject to removal humanely," the judge declared.

"These actions also appear to be part of a pattern and widespread effort to evade the government’s legal obligations by doing indirectly what it cannot do directly," Chutkan went on to allege.

Ghanaian government official denies claims of mistreatment

Felix Kwakye Ofosu serves as Ghana's minister for government communications, and he has denied allegations that the deportees are being mistreated.

"None of them are staying in this country. Nobody is being held in any camp and nobody’s right has been abused," Ofosu told the Associated Press on Tuesday.

Ofosu asserted that the lone Gambian national had been flown back to his home country while the other men had been sent to Nigeria via bus.

Meanwhile, the American Civil Liberties Union (ACLU) issued a statement which read, "There's no reason why the administration should require a court to tell them to obey the laws prohibiting the transfer of individuals to countries where it's likely they will be tortured and persecuted."

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson