The Trump administration announced on Friday that it has initiated efforts to facilitate the return of an Egyptian man, Ahmed Soliman, to the United States. Soliman was previously deported to Equatorial Guinea, a central African nation with which he has no connections, in what officials described as a rare instance of the government seeking to reverse a third-country deportation.
The move follows a ruling earlier this week by a federal judge in Arizona, who ordered the Department of Homeland Security (DHS) to bring Soliman back to the U.S. and outline the logistics for his repatriation. Timothy Courchaine, the U.S. Attorney for the District of Arizona, stated in court filings that the administration is collaborating with Soliman’s legal team to locate and contact him.
Soliman, who identifies as gay, had obtained a stay of deportation from a U.S. immigration judge preventing his removal to Egypt, where he faced potential persecution due to his sexuality. Despite this protection, the administration deported him earlier this year to Equatorial Guinea. The country is ranked among the least free globally by Freedom House, an organization dedicated to advancing democracy and human rights.
Arizona District Court Judge John Hinderaker, a appointee of President Trump, determined that the DHS violated the Due Process Clause of the Fifth Amendment. In an order issued on October 6, Hinderaker wrote that Soliman has been detained under armed guard, threatened at gunpoint, and subjected to arrest, beating, and incommunicado detention by Equatorial Guinean authorities.
This development occurs amidst a broader legal debate over third-country deportations. Last week, the U.S. Supreme Court permitted the administration to resume such deportations while it considers the case for full oral argument in December. In response to questions from NPR, a DHS spokesperson affirmed that the department would comply with lawful court orders but maintained that Soliman would ultimately not remain in the U.S., asserting that the administration would not ignore the rule of law.
Dana Camilleri, one of Soliman’s attorneys, indicated that complying with the court’s order requires diplomatic intervention in Equatorial Guinea to secure Soliman’s release. She is currently pursuing similar legal outcomes for another client currently in the region.
Wait, Trump appointed the judge who ruled against his own administration’s deportation strategy? Legal whiplash.
Equatorial Guinea? That seems incredibly dangerous for someone already facing persecution. How is he even getting back there safely?
Due process matters, even for deportees. Glad the judge saw through the third-country loophole here.