Trump’s third-country deportations
US court rules controversial policy of sending migrants to countries where they have no connection is unlawful
A US federal appeals court has ruled Donald Trump’s policy of deporting migrants to so-called third countries is unlawful, setting up a potential showdown with the Supreme Court.
The case has become “a key test of what due-process protections the government must provide before removing people to countries with which they have no connection”, said Reuters. Trina Realmuto, a lawyer for the plaintiffs, said the verdict shows such protections “cannot be circumvented by putting someone on a plane to a country that was never part of their removal proceedings”.
How many people have been deported, and to where?
Since Trump returned to office in late January 2025, more than 25,000 migrants, refugees and asylum seekers have been deported to third countries where they often have no ties. The Deportation Project, led by a collection of media organisations, has identified 35 countries where the US has secured agreements to receive third-country deportees. The majority of those deported so far – around 20,000 – were transported to Mexico, while others have been flown to Latin America, Africa, central Asia and the Caribbean.
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Often done “under a cloak of secrecy” these have become a “core part of the Trump administration’s repressive migration policy”, said France 24. “At the beginning of the administration, they were really overt about the fact they’re carrying out these flights,” said Savi Arvey, director of Policy, Refugee & Immigrant Rights at the NGO Human Rights First. “But over the past year, the government has been very opaque about these third-country transfers.”
Why are people being sent to third countries?
Third-country deportations represent a solution to cases where deportees’ home countries either refuse to accept them or in which doing so would violate US law, under which “it is illegal to send people back to countries where they are likely to be persecuted”, said The Guardian. Many of those deported to third countries had previously been granted a “withholding of removal” in recognition of the danger they could face if returned to their home countries. However, third countries often go on to deport the arrivals to “the very place they fled”.
The US Department of Homeland Security says third-country deportations are part of a wider strategy that prioritises the swift removal of criminals. The agency said there were serious violent and sexual offenders among the more than 330 deportees sent to third counties in Africa. However, “many of them had already served their sentences”, said Politico, while “others had merely violated immigration regulations or had unsuccessfully applied for asylum”.
What is the future of third-country deportations?
On Friday, a three-judge appeals court panel unanimously agreed with a March 2025 ruling that the Trump administration’s third-country removals policy failed to give people enough notice of the decision to deport them, or the chance to legally contest their removal.
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The government has 90 days to appeal, which would send the case to the Supreme Court for a final decision. In the meantime, “the third-country deportation policy continues,” James Percival, the Department of Homeland Security’s general counsel, said in a statement.
According to internal government records reviewed by The Washington Post, at least $410 million has been pledged towards securing more migration deals with third countries. The policy “marks an extraordinary break in US foreign policy, inverting the nation’s long-standing commitment to resettling refugees in need into an intensive focus on expelling them from the country”.