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U.S. Resumes Deportations to Third Countries After Supreme Court Ruling
ICE memo permits rapid transfers to non-citizen nations with minimal notice following court clearance
A new memorandum from the acting director of U.S. Immigration and Customs Enforcement (ICE) outlines a resumption of deportations of non-citizens to so-called third countries—nations in which they are not citizens—following a recent Supreme Court decision.
The memo, issued by ICE Acting Director Todd M.
Lyons, states that officers may initiate “immediate” transfers to alternative countries when the State Department deems assurances of safety credible.
In cases lacking official assurances, deportees must be notified 24 hours in advance, though in "exigent circumstances" that notice period may be reduced to six hours.
The policy reversal follows a Supreme Court ruling on June 23 that lifted a lower court’s injunction requiring advance notice and an opportunity to challenge removal.
The policy applies to immigrants with final removal orders, including those previously exempted due to danger in their home countries.
ICE and Department of Homeland Security leadership have confirmed the revised policy, though it has drawn criticism from legal advocates who argue it risks exposing migrants to persecution or torture.
Under the original lower court order, migrants targeted for third-country deportation were entitled to a written notice, meaningful time to voice fears, and a screening to assess credible fear under domestic and international law.
ICE’s new memo describes a more limited process requiring only notification and, in some cases, accelerated deportation with attorney access.
Since the new ICE directive, deportations have taken place.
Eight migrants—including convicted individuals from various countries—were reportedly moved to South Sudan following the removal of legal barriers.
Those individuals had previously been held at a U.S. facility in Djibouti while the court order remained in effect.
Dissenting justices in the Supreme Court highlighted concerns that the expedited process could lead to deportations of individuals to locations where they may face serious harm.
The majority’s order remains in place pending ongoing appeals in lower courts.
Advocates have reported that the change could affect thousands of migrants currently sheltered in the U.S. under deportation relief, raising questions regarding U.S. obligations under domestic law and the Convention Against Torture.
The memo, issued by ICE Acting Director Todd M.
Lyons, states that officers may initiate “immediate” transfers to alternative countries when the State Department deems assurances of safety credible.
In cases lacking official assurances, deportees must be notified 24 hours in advance, though in "exigent circumstances" that notice period may be reduced to six hours.
The policy reversal follows a Supreme Court ruling on June 23 that lifted a lower court’s injunction requiring advance notice and an opportunity to challenge removal.
The policy applies to immigrants with final removal orders, including those previously exempted due to danger in their home countries.
ICE and Department of Homeland Security leadership have confirmed the revised policy, though it has drawn criticism from legal advocates who argue it risks exposing migrants to persecution or torture.
Under the original lower court order, migrants targeted for third-country deportation were entitled to a written notice, meaningful time to voice fears, and a screening to assess credible fear under domestic and international law.
ICE’s new memo describes a more limited process requiring only notification and, in some cases, accelerated deportation with attorney access.
Since the new ICE directive, deportations have taken place.
Eight migrants—including convicted individuals from various countries—were reportedly moved to South Sudan following the removal of legal barriers.
Those individuals had previously been held at a U.S. facility in Djibouti while the court order remained in effect.
Dissenting justices in the Supreme Court highlighted concerns that the expedited process could lead to deportations of individuals to locations where they may face serious harm.
The majority’s order remains in place pending ongoing appeals in lower courts.
Advocates have reported that the change could affect thousands of migrants currently sheltered in the U.S. under deportation relief, raising questions regarding U.S. obligations under domestic law and the Convention Against Torture.
