一名联邦法官已下令特朗普政府协助一名被驱逐至中非共和国的尼加拉瓜移民返回美国。
A federal judge has ordered the Trump administration to facilitate the return of a Nicaraguan immigrant who was deported to the Central African Republic.
肯尼斯·洛佩兹·冈萨雷斯自2022年起持工作许可居住在明尼苏达州，今年1月在“地铁涌动行动”期间被联邦移民执法人员拘留，该行动是特朗普政府移民打击行动的一部分大规模联邦移民打击行动。
Kenis Lopez Gonzalez, who had been living in Minnesota since 2022 with a work permit, was detained by federal immigration agents in January during Operation Metro Surge, a large-scale federal immigration crackdown undertaken as part of the Trump administration's immigration crackdown.
根据法庭文件，被拘留八个月后，洛佩兹·冈萨雷斯与数十名其他移民一起被安上一辆大巴，并被告知将被驱逐至中非共和国。他在法庭文件中指控，在被戴上约束带登机前，执法人员曾向他发射橡胶子弹。
After being detained for eight months, Lopez Gonzalez was placed on a bus with dozens of other immigrants and told he was going to be deported to the Central African Republic, according to court documents. He alleges in court filings that officers shot him with rubber bullets before placing him on a plane in restraints.
据其律师称，洛佩兹·冈萨雷斯此前因面临酷刑风险而获准免于被驱逐回尼加拉瓜。他在未获得对驱逐至中非共和国提出异议的机会情况下，被驱逐至该国。
Lopez Gonzalez had previously been granted protection from deportation to Nicaragua due to the risk of torture, according to his attorney. He was deported to the Central African Republic without an opportunity to challenge his removal to that country.
“洛佩兹多次被弹丸击中，腿部、胸部和手臂出现红肿，”他的律师在法庭文件中写道。“最终，这些仍佩戴着约束带的被拘留者被强行赶下大巴，推上飞机。”自8月以来，洛佩兹·冈萨雷斯与数十名被特朗普政府驱逐的拉丁美洲移民一起滞留在非洲。
"Lopez was struck by projectiles several times and developed welts on his legs, chest, and arms," his attorneys said in court documents. "Eventually, the detainees, who were still wearing restraints, were forced off the bus and onto an airplane." Lopez Gonzalez has been in Africa since August, along with dozens of Latin American immigrants deported by the Trump administration.
“我非常害怕，”洛佩兹·冈萨雷斯周五在一次电话记者会上用西班牙语说道。
"I'm very scared," Lopez Gonzalez said in Spanish during a press call on Friday.
10月30日，美国联邦地区法官杰弗里·布莱恩（Jeffrey Bryan）下令将洛佩兹·冈萨雷斯（Lopez Gonzalez）遣返，认定“洛佩兹在其诉讼待决期间留在中非共和国面临的不可挽回损害的威胁显而易见，且被告在强行将洛佩兹（身上迅速出现淤青和红肿）送上飞往中非共和国的航班之前，早已知晓这一威胁。”
On Oct. 30, U.S. District Judge Jeffrey Bryan ordered Lopez Gonzalez to be returned, finding that "the threat of irreparable harm to Lopez of remaining in the Central African Republic while his claims are pending is self-evident and was known to Defendants well before they ever forced Lopez (with quickly developing bruises and welts) onto a flight to the Central African Republic."
布莱恩法官写道：“被告将洛佩兹迁往一个不稳定的国家，他们明知该国执法腐败且无效，居民处于武装犯罪团伙的摆布之下。洛佩兹在中非共和国没有合法身份，也没有任何谋生手段。”周五，洛佩兹·冈萨雷斯的律师表示，政府迄今已遵守法院期限提交了文书。
"Defendants relocated Lopez to an unstable country that they affirmatively knew to have corrupt and ineffective law enforcement and where residents are at the mercy of armed criminal groups," Judge Bryan wrote. "Lopez has no legal status in the Central African Republic and no means by which to provide for himself." On Friday, Lopez Gonzalez's attorney said the government has so far complied with court deadlines to submit paperwork.
“如果他们拖延、磨蹭，我们将再次出庭，请求法官督促他们加快进度，”律师西蒙·桑多瓦尔-莫申伯格（Simon Sandoval-Moshenberg）说。
"If they drag their feet, if they slow-walk it, we'll be right back in front of the judge, asking the judge to light a fire under them," said attorney Simon Sandoval-Moshenberg.
桑多瓦尔-莫申伯格——他同时也代表基尔马尔·阿布雷戈·加西亚（Kilmar Abrego Garcia）——表示，政府有法律权力将其当事人驱逐至第三国，但当事人有权接受“合理恐惧面谈”，并在移民法官面前接受听证。
Sandoval-Moshenberg -- who also represents Kilmar Abrego Garcia -- said the government has the legal authority to deport his client to a third country, but that he's entitled to a "reasonable fear interview" and a hearing before an immigration judge.
“他有权在移民法官面前接受审理，这正是他所要求的一切，”桑多瓦尔-莫申伯格说。“当然，不言而喻，审理本应在当局强行将他送上飞机之前进行，而不是在飞机降落、将他扔在中非之后。”
"He's entitled to a trial in front of an immigration judge, and that's all he's asking," Sandoval-Moshenberg said. "And of course, it goes without saying that the trial is supposed to be done before they forcibly put him on a plane, not after the plane lands and kicks him off in Central Africa." Lopez Gonzalez said on Friday that he's been sick with malaria for five days and has witnessed violence due to the political conflicts in the Central African Republic.
洛佩兹·冈萨雷斯周五表示，他已患疟疾五天，并因中非共和国的政治冲突目睹了暴力事件。
"It's very difficult ... all the violations of due process that each one of us has gone through," he said.
“非常艰难……我们每个人经历的所有正当程序权利受到的侵犯，”他说。
ABC News was previously told by a group of Latin American immigrants who were deported to the Central African Republic that they were dismayed the U.S. government would send them to a place that it warns its own citizens against visiting. A Department of State travel advisory warns Americans not to travel there due to risks of unrest, crime, kidnapping, landmines, health issues, and terrorism.
此前，一群被驱逐至中非共和国的拉丁美洲移民向美国广播公司新闻网表示，美国政府把他们送往一个它自己警告本国公民不要前往的地方，这让他们深感沮丧。美国国务院的旅行警告提醒美国人不要前往该地，原因是当地存在动荡、犯罪、绑架、地雷、卫生问题以及恐怖主义等风险。
One of the men interviewed by ABC was ordered returned by a federal judge in Colorado in September. He is still in the Central African Republic.
接受美国广播公司采访的其中一名男子，于9月被科罗拉多州的一名联邦法官下令送回。他目前仍在中非共和国。
A spokesperson for DHS said Judge Bryan's order is an "example of an activist judge trying to thwart President Trump's agenda to remove illegal aliens who have no right to be in this country."
国土安全部一名发言人表示，布莱恩法官的裁定是“激进派法官试图阻挠特朗普总统驱逐无权留在这个国家的非法外籍人士议程的一个例子”。
"This Biden-appointed judge is openly defying the Supreme Court by ordering this illegal alien's return despite him having already received a final order of removal from a judge and due process," the spokesperson said. "This illegal alien should have never been released into our country by the Biden administration." The Immigration and Nationality Act allows the Department of Homeland Security to deport migrants to third countries when authorities establish that the individuals could face persecution in their country of origin or if that country cannot accept them.
该发言人说：“这名由拜登任命的法官公然违抗最高法院，下令将这名非法外籍人士送回，尽管他已经收到一名法官作出的最终驱逐令，并且已经走完正当程序。”“拜登政府本就不该把这名非法外籍人士释放到我们国家。”《移民与国籍法》允许国土安全部在当局认定当事人可能在其原籍国面临迫害，或原籍国无法接收他们时，将移民驱逐至第三国。
According to immigration lawyers and advocates, third-country removals are rare, though not new. In recent months, the Trump administration has expanded third-country deportations following formal agreements with nearly three dozen nations to deport asylum seekers, refugees, and migrants with criminal records with little to no notice.
据移民律师和权益倡导者称，第三国驱逐虽非新鲜事，但十分罕见。近几个月来，特朗普政府在与近三十几个国家达成正式协议后，扩大了第三国驱逐的做法，可将寻求庇护者、难民和有犯罪记录的移民驱逐出境，且几乎不提前通知，甚至完全不通知。一些新的目的地包括利比里亚、加纳、中非共和国和塞拉利昂。
Some of the new destinations include Liberia, Ghana, the Central African Republic, and Sierra Leone.