The New Wave of Third Country Deportations Under the Trump Administration
The Trump administration has pushed for the deportation of people to places they are not from.
This creates a troubling scenario, as most people have no connections in these third countries and often times do not speak the language. This puts people in the hands of whichever country is willing to accept them first. Earlier this year, the administration sent a group of people from all different backgrounds—
Vietnamese, Laotian, and Mexican, to name a few to South Sudan. Many courts attempted to block his order, but the Supreme Court reversed their orders and allowed the deportation of migrants to third countries.
Who is at Risk of a Third Country Deportation?
Though the administration claims that only the most hardened criminals will be sent to these third countries, any removable offense puts you at risk of being removed to these countries. In the 2008 repatriation agreement between Vietnam and the US, it outlined that Vietnamese people who arrived prior to 1995 would not be subject to removals to Vietnam despite their removal orders. Many of these individuals have been stuck in a metaphorical limbo where they are required to check in with immigration officers but have not yet been removed. Since his first presidency, Trump has reinterpreted the agreement to allow for their deportation, and with the recent Supreme Court ruling, there is a large possibility that these pre-‘95 cases will be removed to a third country since their home country, Vietnam, has refused to accept them.
What are the Dangers of Being Deported to a Third Country?
Besides being stuck in a foreign country, there is also a fear that deportees may be subject to torture in these third countries. This has been a defining issue in the lower courts' efforts to block these orders. South Sudan's long history of political instability presents dangers to the immigrants, whose safety is not guaranteed in the region.
Another conflict arises when individuals are given too short notice before their removal, not allowing them to present any credible fears to the nation— it's reported that some people were given just 6 hours' notice before their removal. Despite the short time frame, you will still be able to speak with an attorney if you would like to discuss your options. As of July 18th, the US has reached agreements with multiple nations to accept non-citizen deportations.
The eligible third countries, as reported by Axios, are the following: Mexico, El Salvador, Eswatini, Rwanda, South Sudan, Kosovo, Guatemala, Costa Rica, and Panama.
Several other countries are currently discussing their availability for non-citizen deportees. Earlier this month, a group of men were deported to the third country, Eswatini, and are currently being held in solitary confinement for an unspecified period of time. These individuals had criminal records that the country deemed as a threat to its citizens, and the nation is working to deport these individuals back to their home countries.
This policy will also have a major impact on withholding of removals and protection under the Convention Against Torture (CAT). Immigration and Customs Enforcement (ICE) argues that since these protections are from specific nations, people are eligible to be removed to third countries because the danger is not present there. Individuals with removal orders subject to ICE check-ins have also been reportedly detained after their check-ins, even if they had no issues in the past.