Judges warn Trump admin sidesteps torture protections for Africans

A federal judge’s remarks this week highlight growing alarm that the Trump administration is sidestepping U.S. and international torture protections in cases involving deported Africans and other migrants with credible fear claims, according to court filings and advocates following the litigation. The concerns have intensified in 2025 after a series of executive actions, targeted removals to third countries, and detention practices that attorneys say undermine the United Nations Convention Against Torture (CAT) and the Refugee Act of 1980. The White House and the Department of Homeland Security (DHS) defend the measures as necessary to deter what officials call “illegitimate migration” and to close loopholes they argue are abused for entry into the United States 🇺🇸.

Policy changes and executive actions

On January 20, 2025, President Trump signed an executive order barring anyone deemed part of an “invasion” at the southern border from receiving benefits under the Immigration and Nationality Act, including asylum. Legal analysts say the order has functionally shut most paths to protection for people crossing between ports of entry, including relief under CAT, which is supposed to bar the government from removing a person to a place where they are more likely than not to face torture.

In parallel, the administration issued the “Realigning the United States Refugee Admissions Program” order, which:

• Paused the U.S. Refugee Admissions Program indefinitely
• Froze funding for support groups that help new arrivals

Resettlement agencies report more than 100,000 refugees—many of them African—stuck mid-process after years of vetting.

The administration has widened third-country removals, placing deported Africans and others onto flights to nations where they have no citizenship, family, or legal status. Examples cited by attorneys include:

• A Salvadoran man, Kilmar Abrego Garcia, who received threats of removal to Uganda and Eswatini (Swaziland), despite reporting fear of torture in El Salvador and Uganda. Lawyers say Eswatini, Africa’s last absolute monarchy, has accepted non-citizen deportees from the U.S. and that some have been held incommunicado in prison.
• A Gambian national identified as K.S., already granted CAT protection by an immigration judge, who fled into hiding after the government attempted to deport him to Ghana, a country with which he had no ties.

Judges in multiple districts have questioned whether sending people to third countries in this way amounts to an “end-run” around CAT obligations.

Key data points (2025)

• The U.S. admitted more than 59,000 refugees in the six months before President Trump returned to office; since January, admissions have dropped to near zero.
• One exception: 49 white South Africans resettled under a special executive action earlier in the year.
• DHS announced in April the mass revocation of parole for nearly 1 million CBP One parolees, many of whom are African or of African descent.
• Temporary Protected Status (TPS) designations for countries including Cameroon have been ended or allowed to lapse, sometimes without the standard Federal Register process.
• Detention space is packed; Winn Correctional Center in Louisiana is cited by lawyers for reports of abuse, neglect, and months-long custody even after immigration judges grant protection.

Legal battles and human impact

Courts have issued temporary injunctions against parts of the administration’s agenda, including some parole revocations and attempts to deport protection holders to third countries. However, the Supreme Court has permitted several policies to continue while appeals proceed, producing a patchwork of outcomes that vary by jurisdiction.

For families inside detention, mixed rulings often mean weeks or months of uncertainty, even after a win in immigration court.

Government rationale vs. judicial and rights-group concerns

• Government position:
  • Border security and program integrity require stricter control.
  • Discretionary tools—parole, TPS, humanitarian exemptions—must not serve as a “backdoor” to lawful presence.
  • Officials cite capacity limits at the border, cartel exploitation, and the need to preserve executive discretion.
• Judges and rights groups:
  • Point to the plain text of CAT and U.S. law, which forbid sending someone to a place where there are substantial grounds for believing they would be tortured.
  • Argue the administration is adding procedural traps that shift burdens onto frightened, often unrepresented migrants at first contact.
  • Note timelines and intake processing often occur amid language barriers and heavy processing, making it hard to proactively assert fear.

Reported practices and consequences

• A person must proactively state fear at first contact, or they risk being processed under fast-track removal procedures.
• Even people who win protection can remain detained while DHS seeks alternative removal options to third countries.
• Lawyers describe “carousel deportations”—multiple attempted destinations—raising the risk a person ends up somewhere with little ability to seek safety or contact counsel.
• Racial disparities are reported: the pause in refugee admissions coincides with an exception that benefited 49 white South Africans, drawing criticism that long-cleared African families remain stalled.
• Detention conditions pressurize detainees: missed medical care, limited phone access, and difficulty meeting filing deadlines are commonly reported.
• Compressed timelines penalize those who fail to declare fear at intake or miss filing windows—especially harsh for families with young children and LGBTQ+ migrants who fear abuse upon return.

What people facing removal should know

• Speak up early. Under current policy, a person subject to removal must proactively declare fear of torture or persecution at first contact. Remaining silent risks fast-track removal.
• CAT and withholding are limited. CAT bars removal to a place where torture is more likely than not, but it does not grant permanent status or a path to a green card. Withholding of removal is likewise narrow and does not allow family sponsorship.
• Filing for protection: Asylum, withholding, and CAT requests are typically made through Form I-589, Application for Asylum and for Withholding of Removal. You can find the official form and instructions on the USCIS website at Form I-589.
  • Note: While asylum is widely restricted under the January 20 order for those deemed part of the “invasion,” lawyers stress it remains vital to raise any fear promptly to preserve CAT claims.
• Detention after a win is possible. Even after an immigration judge grants CAT or withholding, the government may keep you detained while exploring third-country removal.
  • Attorneys recommend tracking all deadlines and keeping copies of court orders in your possession.
• Seek representation fast.
  • Legal help is limited inside detention. If possible, contact groups like the American Immigration Council or Human Rights First.
  • Family members outside can call the DHS Office of Civil Rights and Civil Liberties for custody complaints.

Litigation stakes and possible outcomes

The ongoing litigation could set significant limits on third-country removals:

• If courts hold that sending protection holders to places with uncertain safety violates CAT, the government would have to halt the practice (at least for those with established fear findings).
• If courts allow the practice, rights groups fear a broader blueprint for removals outside the traditional country-of-origin model, with fewer checks and less transparency.

Resettlement remains frozen while the administration says it is designing a “new system.” Resettlement agencies warn:

• Long delays will cause medical screenings, security checks, and sponsorship plans to expire.
• Families may be forced to start over if the program resumes.
• Federal funding freezes risk permanent damage to nonprofit networks that support arrivals.

For people already in the U.S., the lapse or end of TPS for countries like Cameroon narrows options. Community leaders report that the mass parole revocations announced in April have spread fear—especially among CBP One parolees who had been working and attending school. Some report losing jobs after employment authorization cards expired with little notice.

Legal advisers urge affected individuals to:

1. Check all expiration dates on immigration relief and work authorization.
2. Gather identity documents and backup copies.
3. Keep track of court and filing deadlines.
4. Attempt to secure counsel as early as possible.

How to find reliable information

For official guidance about asylum, withholding, and CAT processes, including eligibility and filing instructions, consult the USCIS page for Form I-589 at Form I-589.

Government hotlines and established legal aid organizations remain key points of contact for those trying to assert protection claims under pressure.

The core dispute remains: whether current enforcement methods respect the binding promise that the United States will not send a person to a place where they are likely to be tortured, and what that means for deported Africans who say they are already paying the price.