ICE Issues Memo Allowing Deportation of Migrants to Third Countries Without Torture Assurances

U.S. Immigration and Customs Enforcement (ICE) has implemented a policy permitting the deportation of certain migrants to countries where they have no prior connections, sometimes with as little as six hours' notice and without assurances from the destination country that individuals will not face persecution or torture. The guidance, issued July 9 by acting ICE Director Todd Lyons and effective immediately, outlines procedures for removing people to third countries, including in situations where the United States lacks diplomatic assurances regarding their safety.

According to the memo, if credible diplomatic assurances are received from the destination country, deportation may proceed without additional procedures. In cases without such assurances, ICE officers must provide a notice of removal in a language the migrant understands and wait at least 24 hours before deportation. However, in "exigent circumstances," removal can occur after just six hours, provided the individual has a reasonable opportunity to contact an attorney.

The policy affects migrants with final removal orders who face risks if returned to their home countries, as well as those from nations where the U.S. lacks diplomatic relations, such as Cuba. ICE officers are instructed not to ask migrants if they fear deportation to a third country, but migrants who express such fears will be referred for protection screening within 24 hours. This may result in further immigration proceedings or attempts to deport the individual to an alternative country.

Trina Realmuto, executive director of the National Immigration Litigation Alliance, criticized the policy, stating it "blatantly disregards the requirements required by statute, regulation, and the Constitution." She argued that the process is inadequate, providing as little as six hours' notice, which she said is insufficient for migrants to assess their risk or seek legal counsel.

The Department of Homeland Security defended the agreements, with Assistant Secretary Tricia McLaughlin stating, "It is incredibly important to make sure we get these worst of the worst criminal illegal aliens out of our country," and that the agreements "ensure due process under the U.S. Constitution."

The memo follows a recent Supreme Court decision allowing the administration to deport migrants to countries with which they have no previous connection, overriding a lower court's order that required a meaningful opportunity for migrants to contest deportation on the grounds of potential harm.