
2025年12月,一名被拘留者在明尼苏达州登上由GlobalX航空执飞的遣返航班。
A detainee boards a deportation flight on GlobalX Air in Minnesota in December 2025.
Images授权。周五,特朗普政府宣布已开始协助一名被遣返回赤道几内亚的埃及男子重返美国。这是政府罕见地试图撤销将外国人遣送至第三国这一决定的案例。本周早些时候,亚利桑那州的一名联邦法官下令,要求国土安全部将艾哈迈德·索利曼从这个与他毫无关联的中非国家接回美国,并说明具体的执行计划。
Photo by Elizabeth Flores/The Minnesota Star Tribune via Getty Images The Trump administration on Friday said it has started to facilitate the return to the U.S. of an Egyptian man who was deported to Equatorial Guinea, in a rare case of the government working to reverse a third-country deportation A federal judge in Arizona earlier this week ordered the Department of Homeland Security to return Ahmed Soliman to the U.S. from the country in central Africa where he has no ties, and respond how it plans to do so.
根据亚利桑那州联邦检察官蒂莫西·库尔谢恩于周五提交的法庭文件,政府正与索利曼的律师“密切合作”以寻找并联系当事人,同时“已着手启动”助其回国的相关程序。
The administration said it is working "collaboratively" with Soliman's lawyers to find and contact him, and is "beginning the process to facilitate" his return, according to Friday's filings in the case from Timothy Courchaine, the U.S. Attorney for the District of Arizona.
索利曼是一名同性恋者。此前他曾成功获得美国移民法院的裁决,得以避免被遣返回祖国埃及——在那里,他极可能因性取向而遭受迫害。然而今年早些时候,特朗普政府却将其遣送至赤道几内亚。据致力于维护全球民主与人权的非营利组织“自由之家”评定,该国属于世界上自由度最低的国家之一。
Soliman, who is a gay, had been able to get an order from a U.S. immigration judge to prevent him from being deported to his home country, Egypt, where he could be persecuted for his sexuality. Instead, the Trump administration deported him earlier this year to Equatorial Guinea, which ranks as one of the least free countries in the world, according to Freedom House a nonprofit devoted to protecting and growing democracy, and human rights across the globe.
由特朗普总统任命的亚利桑那州地方法院法官约翰·欣德拉克指出,国土安全部将索利曼遣送至第三国的行为违反了美国宪法第五修正案所规定的正当程序原则。欣德拉克在10月6日发布的裁决书中写道:“无可争议的事实是,此后索利曼一直处于武装人员看守之下;遭到持枪威胁;还被赤道几内亚当局逮捕、殴打并禁止与外界联系。”
Arizona District Court Judge John Hinderaker, an appointee of President Trump, said that DHS violated the Due Process Clause of the Fifth Amendment when it removed Soliman to a third country. "It is unrebutted that he has since been held under armed guard; threatened at gunpoint; and arrested, beaten, and held incommunicado by Equatorial Guinean authorities," Hinderaker wrote in his Oct. 6 order.
此次裁决发布之际,美国最高法院上周虽暂时允许特朗普政府继续将那些与美国并无关联的移民遣送回原籍国,但同时也决定于12月对此案进行全面口头辩论。
The ruling comes even as the U.S. Supreme Court last week allowed the Trump administration to resume deportations of migrants to countries where they have no ties, at least for now, while agreeing to take the case up for full oral argument in December.
美国国土安全部本周在一份声明中向NPR表示,该部门将遵守合法的法院命令,索利曼也将继续享有正当的法律程序权利。
DHS told NPR in a statement this week that it would comply with lawful court orders and that Soliman would continue to receive due process.
“不过最终结果不会改变——他终究无法留在美国。本届政府绝不会漠视法治,”国土安全部发言人补充道。
"But the end result will be the same — he will not remain in the U.S. This administration will not ignore the rule of law," the DHS spokesperson added.
负责协助索利曼回国的律师达娜·卡米列里指出,所谓“遵守命令”意味着赤道几内亚的外交人员必须努力促成索利曼获释。她目前正在为另一位身处该国的客户——一名巴西同性恋男子——争取同样的结果。
Facilitating Soliman's return Dana Camilleri, one of Soliman's lawyers, said compliance means diplomats in Equatorial Guinea must work to facilitate Soliman's release. She is working to get a similar outcome for another client in the central African country, a gay Brazilian man.
“我们都真心希望这能成为他们平安回家的开端,”卡米列里说道,“他们处境极其艰难,而这一切都是美国政府造成的。”美国驻赤道几内亚大使馆未对置评请求作出回应。
" We're all just really hopeful that this could be the beginning of getting them home," Camilleri said. "Because they're in an awful situation, and our government put them there." The office of the U.S. ambassador to Equatorial Guinea did not respond to a request for comment.
根据法庭文件,索利曼目前被武装人员看守在一家已停业的酒店内,期间曾遭枪口威胁、逮捕与殴打,也无法与家人或律师取得联系。索利曼幼年时随家人从埃及移民至美国,在亚利桑那州长大并获得了绿卡。然而2023年他因持有毒品及严重伤害罪被判刑,从而失去了合法居留身份。
Soliman has been held under armed guard at a decommissioned hotel where he has been threatened at gunpoint, arrested, beaten and been unable to communicate with his family or lawyers, according to court filings Soliman emigrated to the U.S. from Egypt when he was a child, grew up in Arizona and became a green card holder. He lost his immigration status after a 2023 drug possession and aggravated assault led to a prison sentence.
当时,一名移民法官裁定不得将索利曼遣返回埃及,因为他在那里极有可能遭受酷刑。
That's when an immigration judge ruled he could not be sent to Egypt, where he would most likely be tortured.
美国移民委员会高级研究员亚伦·赖克林-梅尔尼克指出,索利曼据称在赤道几内亚遭受的种种伤害可能导致美国违反国际法。该委员会致力于维护美国境内移民的合法权益。
The harm Soliman is alleged to have suffered in Equatorial Guinea could put the U.S. in violation of international law, according to Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council. The council advocates for a fair process for immigrants in the U.S.
“我们是《联合国反酷刑公约》的签署国,国内法律也明确规定,将任何人遣送至可能遭受迫害的地区属于违法行为,”赖克林-梅尔尼克说道。“上述做法严重违背了美国人所拥护的正当程序与人权的基本原则,也是对特朗普政府推行‘将移民遣送至第三国’这一整体策略的直接驳斥。”作为移民管控措施的一部分,特朗普政府已与30多个国家达成协议,将那些与这些国家毫无关联的移民遣送过去。
" We are signatories of the UN convention against torture, and domestic law makes it illegal to send someone to a place where they will be persecuted," Reichlin-Melnick said. " All of this really violates a lot of the basic principles of due process and human rights that Americans support," and serves as "a direct rebuke to the Trump administration's broader strategy of third country removals." The Trump administration has made deals with over 30 countries to deport migrants to places where they have no ties or connections as part of the president's immigration crackdown.
欣德拉克下达的将索利曼送回的命令,标志着这是第二位法官强制政府将来自非洲国家的第三国移民遣返的案例。此前,科罗拉多州的一名法官也曾下令将洪都拉斯籍移民布雷扬·奥马尔·桑切斯·塞尔韦隆送回,此人今年早些时候被遣送至中非共和国。
Hinderaker's order to return Soliman marks the second time a judge has forced the government to return a third-country migrant from an African nation. A Colorado judge also ordered the return of Brayan Omar Sanchez Servellon originally from Honduras, who was sent to the Central African Republic earlier this year.