阅读今日头条新闻,请查看您的收件箱。一名联邦法官下令国土安全部将艾哈迈德·索利曼送回美国,此前他被驱逐至赤道几内亚已有五个月时间,该国与他毫无关联。此决定可能对数千名受特朗普政府第三国遣返计划影响的其他人产生深远影响。
Read the top story of the day in your inbox. here. A federal judge has ordered the Department of Homeland Security to return Ahmed Soliman to the United States, five months after he was expelled to Equatorial Guinea, a country where he has no ties, in a decision that could have far-reaching implications for thousands of others subjected to the Trump administration’s third-country removal scheme.
亚利桑那州联邦地区法院法官约翰·C·欣德克尔(John C. Hinderaker),一名特朗普任命的法官,裁定国土安全部违反了第五修正案的正当程序条款,“必须促进原告从赤道几内亚的拘留中获释并返回美国,并且必须确保其案件的处理方式与他未被错误送往赤道几内亚时相同。”自9月11日起,索利曼一直被赤道几内亚当局隔离关押,此前他曾向媒体(包括《前景》)透露,他在一家酒店中与数十名其他第三国国民一起被囚禁数月,环境恶劣。
Arizona District Court Judge John C. Hinderaker, a Trump appointee, ruled that DHS violated the due process clause of the Fifth Amendment and “must facilitate Plaintiff’s release from custody in Equatorial Guinea and return to the United States and must ensure his case is handled as it would have been had he not been improperly sent to Equatorial Guinea.”Soliman has been held incommunicado by Equatorial Guinean authorities since September 11 after speaking to media, including the Prospect, about poor conditions at the hotel where he and dozens of other third-country nationals had been imprisoned for months.
索利曼的律师之一达娜·卡米莱里(Dana Camilleri)表示,他们持谨慎乐观的态度。
Dana Camilleri, one of Soliman’s attorneys, said they are cautiously optimistic.
“我们的反应是欣慰和希望,认为他将能够回家并与家人团聚,”卡米莱里对《前景》说。“我也仍在思考那些仍被关在该酒店里的人,希望能把他们也接回家。这是向前迈出的一大步,但我坦白说,我仍然有些谨慎。”卡米莱里指出,国土安全部可以向第九巡回上诉法院提出上诉。国土安全部目前尚未对置评请求作出即时回应。该命令的消息首次由《亚利桑那每日星报》报道。
“Our reaction was relief and hope that he’s going to be able to come home and reunite with his family,” Camilleri told the Prospect. “I also am still thinking of everyone who’s confined at the hotel there and wanting to get them home. It’s a great step forward, but I’m a little cautious, honestly.”Camilleri noted that DHS can appeal to the Ninth Circuit. DHS did not immediately respond to a request for comment. News about the order was first reported by the Arizona Daily Star.
索利曼今年31岁,出生于埃及,但四岁时随家人移居美国。他在2023年因一起酒后驾驶导致的车祸定罪后失去移民身份。在接受采访时,索利曼表示,他在一个保守宗教家庭中长大,青少年时期意识到自己是同性恋后转向吸毒。
Soliman, 31, was born in Egypt but came to the U.S. with his family when he was four years old. He lost his immigration status after a 2023 conviction relating to a car accident he caused while driving under the influence. In interviews, Soliman said he’d turned to drugs as a teenager after being raised in a conservative religious family and realizing he was gay.
ICE于2025年10月下令将其驱逐出境,但其律师曾为他争取到保护,禁止将其遣返回埃及,理由是他的性取向以及其家人曾遭到该国政府迫害。其律师称,埃及境内与他同姓的亲属曾被折磨、监禁和失踪。
ICE ordered him to be removed in October 2025, but his attorneys had won protections for him barring removal to Egypt, based on his sexuality and because his family had been persecuted by the government there. Relatives in Egypt with the same unique last name have been tortured, imprisoned, and disappeared, his attorneys said.
他在亚利桑那州的ICE拘留设施中被关押数月,期间他有一项正在进行的人身保护令案件。4月,他被突然转移到路易斯安那州。他一直坚持称,自己仅在被迫登上ICE包机前几分钟才被告知将被遣送往何处,且当他立即要求进行可信恐惧访谈时,该请求被忽视。当他要求查看自己的护照或旅行文件时,联邦特工予以拒绝,直至最终承认他们根本没有这些文件。
After months in ICE custody in Arizona, where he had an active habeas case, Soliman was abruptly moved to Louisiana in April. He has consistently maintained that he was only informed where he was being removed to minutes before he was forced onto a chartered ICE flight, and that when he immediately asked for a credible fear interview, his request was ignored. When he asked to see his passport or travel document, federal agents refused, before eventually admitting they didn’t have any.
“我来到这里就像一个幽灵,”索利曼上个月对《前景》杂志说道。《前景》杂志在您的收件箱中 深度、前瞻性的报道,超越噪音。
“I came here as a ghost,” Soliman told the Prospect last month. The Prospect in your inbox Analysis that goes beyond the noise with in-depth, progressive reporting.
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在最新的法庭文件中,ICE官员未否认他的任何主张,且似乎至少确认了一项,称该包机的乘客名单——交给飞行员的打印收据,列明航班上所有乘客和机组人员——“充当了旅行文件”。在其裁决中,宾德克尔法官聚焦于此次互动以及索利曼缺乏“任何程序”来对遣送至赤道几内亚提出担忧的情况。国土安全部坚持认为,由于赤道几内亚曾向国务院提供全面的“外交保证”,称送往该国的移民不会受到伤害,因此无需进行个别化程序。
In the latest court filing, ICE officials did not deny any of his claims, and appeared to confirm at least one of them, saying the charter flight’s manifest—a printed receipt given to pilots listing all passengers and crew on a flight—“served as the travel document.”In his ruling, Judge Hinderaker focused on this interaction and the lack of “any process” for Soliman to raise concerns about removal to Equatorial Guinea. DHS has maintained that since Equatorial Guinea provided blanket “diplomatic assurances” to the State Department that immigrants sent there would not be harmed, an individualized process was not necessary.
“法院认为这不足以在将原告遣送至第三国之前遵守正当程序,”宾德克尔法官写道。
“The Court finds this insufficient to abide by due process prior to removing Plaintiff to a third country,” Hinderaker wrote.
在赤道几内亚,所利曼被关押在一家政府所有的酒店里,与数十名其他第三国国民一起,并被施压要求返回埃及。武装警卫对他们进行威胁和殴打,扣留食物、牙膏和卫生纸,甚至在某些时候几天不供水,他说。自从所利曼在七月开始与记者交谈后,虐待行为变得更糟。
In Equatorial Guinea, Soliman was imprisoned in a government-owned hotel with dozens of other third-country nationals and pressured to return to Egypt. Armed guards have subjected them to threats and beatings, have withheld food, toothpaste, and toilet paper, and even turned the water off for days at a time, he said. The abuse got worse after Soliman began speaking with journalists in July.
在9月3日发生的一起事件中,手机视频显示,一名赤道几内亚警察将突击步枪对准了跪着穿白衣的所利曼以及另外两名男子,而警察主管反复喊叫:“开枪打他!”在路透社和《前景》杂志就此事件发表报道数日后,目击者称,所利曼和另一名厄立特里亚籍男子萨姆森·比尔哈内被套上头套、戴上手铐并从酒店被带走。此后他们一直被关押且无法与外界联系。律师认为他们被关押在当地警察局,所利曼因未明原因于上周住院,卡米利里说道。
In a September 3 incident captured on cellphone video, an Equatorial Guinean police officer pointed an assault rifle at Soliman (kneeling in white) and two other men while the police supervisor repeatedly shouted, “Shoot him!”Days after Reuters and the Prospect published stories about the incident, witnesses say Soliman and another man, Eritrean national Samson Birhane, had bags placed over their heads and were handcuffed and taken from the hotel. They have been held incommunicado ever since. Attorneys believe they’ve been held at a local police station, and that Soliman was hospitalized last week for an unknown reason, Camilleri said.
司法部律师辩称,由于所利曼受名为D.V.D. v. DHS的集体诉讼案所涵盖,该案挑战特朗普的第三国遣返方案,且最高法院已允许该方案在审理案件期间继续实施,因此所利曼不应被允许提出个人诉讼。法官驳回了这一论点。
Justice Department lawyers argued that since Soliman is covered by the class action case known as D.V.D. v. DHS challenging Trump’s third-country removal scheme, and since the Supreme Court has allowed the scheme to continue while it considers the case, Soliman should not be permitted to make an individual claim. The judge rejected this argument.
卡米利里表示,她上个月得知另一起案件,其中一名第三国国民被命令返回美国,于是她决定尝试。现在,她说,她希望更多律师会考虑提出类似的诉讼。
Camilleri said she became aware of another case last month in which a third-country national was ordered to be returned to the U.S. and decided to give it a shot. Now, she said, she hoped more attorneys would consider filing similar claims.
“我理解,所有在这些第三国拥有客户且处于极其危险境地的人都对提交这些申请感到紧张,但在这起案件和[另一起案件]之间,我希望看到更多此类申请被提交,以尝试将这些人送回美国,在那里他们可以获得他们应得的正当程序。”根据我整理的第三国遣返追踪器的航班数据和报道,自去年11月以来,至少有63名第三国国民通过六次ICE航班被驱逐至赤道几内亚。
“I understand that all of us with clients in these third countries in very precarious situations are nervous about filing these claims, but between this and [the other case], I would like to see many more of these filed to try to get these people back to the United States, where they can have their due process that they are owed.”At least 63 third-country nationals have been expelled to Equatorial Guinea on six ICE flights since last November, according to flight data and reporting I’ve compiled on the Third-Country Removal Tracker.
截至9月中旬,当时酒店的警卫切断了他们与外界的联系,仍有约30人被关押在那里。其余人员全部被迫遣返回各自的祖国,除了有一名女性成功逃往欧洲之外。
As of mid-September, when guards at the hotel cut off their contact with the outside world, about 30 remained imprisoned there. The rest have all been forced back to their home countries, except for one woman, who was able to escape to Europe.
根据该命令,司法部律师必须在三天内向法官通报他们将所利曼送回美国的进展情况。
Justice Department attorneys must notify the judge within three days of their progress in returning Soliman to the U.S., according to the order.