Background on the Memo and Its Implications
According to a high-ranking official from the Donald Trump administration, U.S. immigration officers can now deport immigrants to countries other than their home nations within six hours of notification, as outlined in a memorandum. This development indicates potential increases in deportations under the Trump administration.
Current ICE Deportation Practices
Typically, U.S. Immigration and Customs Enforcement (ICE) waits at least 24 hours before deporting someone to a “third country,” as per a memorandum dated July 9 from acting ICE director Todd Lyons.
New Policy Allowing Six-Hour Notice
However, ICE may deport an individual to a “third country” with only six hours’ notice under “urgent circumstances,” provided the person has had a chance to consult with a lawyer, according to the memorandum. The document states that migrants could be sent to countries that have committed not to persecute or torture them “without additional procedures.”
Context and Impact of the New Policy
This new ICE policy suggests that the Trump administration may swiftly send migrants to countries worldwide. The U.S. Supreme Court lifted a lower court’s restriction on such deportations without fear of persecution in the destination country in June.
- Supreme Court Ruling: The Supreme Court’s decision and subsequent judges’ order allowed the Trump administration to deport migrants without fear of persecution in their destination countries.
- First Deportations: Following the Supreme Court’s ruling, the Trump administration deported eight migrants from Cuba, Laos, Mexico, Myanmar, Sudan, and Vietnam to South Sudan.
- African Nation Pressure: The Trump administration recently pressured officials from five African nations—Liberia, Senegal, Guinea-Bissau, Mauritania, and Gabón—to accept deportees from other locations, according to Reuters.
Arguments For and Against the Policy
The government argues that deportations to third countries help quickly remove immigrants who should not be in the U.S., including those with criminal convictions.
Critics, however, have denounced these deportations as dangerous and cruel, as individuals might be sent to countries where they could face violence, lack connections, or not speak the language.
Trina Realmuto, an attorney for a group of immigrants pursuing a class-action lawsuit against rapid third-country deportations in the National Immigration Litigation Alliance, stated that the policy “falls far short of providing the statutory protections and due process required by law.”
Historical Context and Recent Developments
While third-country deportations have occurred in the past, this tool might be used more frequently as Trump attempts to increase deportations to record levels.
- Past Deportations: During Trump’s presidency (2017-2021), his administration deported a small number of people from El Salvador and Honduras to Guatemala.
- Biden Administration Agreement: The democratic administration of former President Joe Biden reached an agreement with Mexico to receive thousands of migrants from Cuba, Haiti, Nicaragua, and Venezuela, as deporting them to these nations proved difficult.
Legal Context and Recent Memo Application
The new ICE memorandum was introduced as evidence in a lawsuit concerning the unjust deportation of Kilmar Abrego García, a Maryland resident, to El Salvador.
