A group of high-profile lawyers has filed a lawsuit against Panama regarding the detention of migrants deported from the United States, potentially impacting the administration's policy of deporting migrants to Central America.
The suit was submitted to the Inter-American Commission on Human Rights and includes 10 Iranian Christian converts and 102 other migrants as plaintiffs. It alleges that the United States violated the Iranian group’s right to asylum due to religious persecution and claims Panama violated both domestic and international laws, including the American Convention on Human Rights.
Although the lawsuit targets Panama, one of the lawyers indicated plans to file a separate complaint against the U.S. Department of Homeland Security in the coming week.
A spokeswoman for Panama's President, Astrid Salazar, stated the migrants are “not detained” by the government, asserting they are under the jurisdiction of the International Organization for Migration (IOM) and the U.N. Refugee Agency (UNHCR). However, the migrants are held at a camp under the guard of armed Panamanian police, with the security ministry controlling all access to the facility. The IOM and UNHCR have not maintained a regular presence at the camp, offering only limited humanitarian support.
The lawsuit requests emergency orders from the commission to prevent the deportation of the detained migrants. Ian Kysel, lead counsel for the plaintiffs, emphasized that Panama lacks the authority to detain individuals in these circumstances.
In mid-February, the U.S. administration initiated a strategy to deport migrants from various regions to Central America, resulting in the detention of around 300 individuals in Panama, including children. Subsequent to their arrival, over 100 migrants who refused to return to their home countries were moved to a detention camp in the Darién jungle.
While the Trump administration has expressed gratitude to Panama for its cooperation in managing migration issues, the detentions have drawn criticism from the United Nations and human rights advocates for holding migrants without criminal charges.
The Inter-American Commission is tasked with addressing complaints when individuals exhaust domestic legal avenues, focusing on cases where immediate legal protection is necessary. Although the commission does not impose sanctions, political repercussions may arise from disregarding its decisions.
Experts believe that a ruling in favor of the plaintiffs could complicate future U.S. efforts to persuade other nations to accept deported migrants. Following the Panama case, additional deportations have occurred to Costa Rica, where migrants are also detained under similar conditions.
The lawsuit argues that deportation for the Iranian Christians would result in “irrefutable harm” due to the severe penalties for conversion from Islam in Iran. One plaintiff, Artemis Ghasemzadeh, expressed fears about her safety in Panama and reiterated her desire to seek asylum in the United States.
The commission is expected to issue decisions in such cases quickly, although the threshold for obtaining protection is high. However, the situation regarding converted Christians from Iran may garner attention due to the potential risks involved.
Kysel hopes the lawsuit will discourage other countries from participating in U.S. deportation strategies, noting that cooperating nations may face legal liabilities for detaining asylum seekers expelled from the U.S.
This lawsuit is the result of collaboration among legal professionals across multiple countries. One attorney involved plans to file an additional lawsuit against the Department of Homeland Security, challenging the legality of the deportations and seeking to allow the Iranians to apply for asylum in the United States.
A representative for the Department of Homeland Security previously stated that the migrants did not express fear of returning to their home countries during processing. Ghasemzadeh refutes this, claiming she was denied opportunities to file for asylum.
The upcoming motion aims to contest the legality of the deportation and seeks a remedy that allows the group to apply for asylum in the United States.