The Trump administration has introduced a controversial immigration policy that may allow the deportation of immigrants to countries where they have no prior connections, often with as little as six hours' notice. This policy raises serious concerns about the safety and rights of deported individuals, particularly in cases where there are no assurances from the destination country regarding the potential for persecution or torture. A recent memo from a senior immigration official highlights the details of this policy, which is effective immediately.
Issued on July 9 by acting Director Todd Lyons of the Immigration and Customs Enforcement (ICE), the memo provides critical guidance to ICE employees on deportations to countries other than an individual's country of origin. In situations deemed as “exigent circumstances,” the policy allows for deportations even when there is a credible risk of persecution or torture. According to the memo, if the United States has obtained diplomatic assurances from the removal country affirming that deportees will not face such threats, they may be deported without further procedural safeguards.
Lyons emphasized that in cases lacking these diplomatic assurances, ICE must adhere to specific procedures. These include providing a notice of removal to the immigrant in a language they understand, detailing the intended country of deportation, and refraining from inquiring whether the immigrant fears deportation to that country. Notably, the memo allows for deportations to occur in as little as six hours, provided that the individual is granted reasonable opportunity to consult with an attorney.
This new policy disproportionately affects immigrants who have received final orders of removal but have been found at risk of persecution or torture if deported. It also applies to individuals from countries lacking diplomatic relations with the U.S., such as Cuba. While ICE officers are instructed not to ask deportees about their fears of persecution, any immigrant expressing such fears will be referred for a screening process within 24 hours. This screening could potentially lead to court proceedings or a reassessment of their deportation destination.
Trina Realmuto, the executive director of the National Immigration Litigation Alliance, expressed strong opposition to the memo, stating that it "blatantly disregards" statutory and constitutional requirements. She pointed out that the memo effectively eliminates procedural protections for immigrants facing deportation to third countries based on dubious diplomatic assurances. Realmuto criticized the lack of transparency regarding which countries have provided these assurances and what concessions were made in return.
Realmuto further argued that the policy's stipulation of a mere 6- to 24-hour notice before deportation is insufficient for individuals to assess their potential risks in an unfamiliar country, especially if they lack legal representation.
In defense of this new policy, the Department of Homeland Security announced that it has successfully negotiated multiple safe third country agreements aimed at facilitating the deportation of certain individuals. Assistant Secretary Tricia McLaughlin emphasized the urgency of removing "the worst of the worst criminal illegal aliens" from the U.S. and asserted that these agreements ensure due process under the U.S. Constitution.
This ICE memo comes on the heels of a Supreme Court ruling permitting the Trump administration to deport immigrants to countries where they have no prior connections. This decision effectively stayed a federal judge's ruling that required individuals to have a "meaningful opportunity" to contest their deportation based on potential risks of violence or persecution. Justice Sonia Sotomayor, in her dissent, criticized the court for "rewarding lawlessness," suggesting that the administration's actions violate immigrants' due process rights.
As this policy unfolds, it remains crucial for advocates and legal experts to monitor its implementation and impact on the lives of vulnerable immigrant populations.
