Controversy Surrounds Third-Country Deportations Under Trump Administration

The Trump administration has increasingly deported migrants to countries other than their countries of origin. Recently, a federal judge conducted a heated hearing concerning migrants reportedly being sent to South Sudan, ruling that the administration violated a prior judicial order. Migrants who are not native to El Salvador, Panama, and Costa Rica have been deported to these nations, while the administration has also sought to arrange deportations to countries such as Libya and Rwanda.

This report explores the rationale and mechanisms behind the administration’s approach to third-country deportations.

Legal Framework and Safeguards

Federal law permits deportations to third countries under certain conditions. This authority has been exercised by presidents from both major political parties, particularly when the migrant’s home country refuses to accept their return. For example, Venezuela only sporadically admits deportees, requiring alternative destinations for Venezuelan migrants.

Two key protections accompany this policy: migrants have the right to legally challenge their deportation, and the destination country must be safe for them. The recent court hearing addressed these concerns. Judge Brian Murphy had previously ordered that migrants must receive at least 15 days’ notice before being deported to a third country, allowing them time to raise safety objections. He warned officials that failure to comply could result in criminal contempt charges.

The administration has employed unconventional legal justifications to facilitate these deportations, such as invoking the Alien Enemies Act to transfer Venezuelan migrants to a detention facility in El Salvador. However, in some cases, such as those under Judge Murphy’s jurisdiction, migrants had already received a final removal order after undergoing standard immigration court proceedings.

Uncertainty Around South Sudan Destination

It remains unclear whether South Sudan is the actual destination for the migrants in question. Officials have confirmed sending eight migrants to a third country but have not specified which. The migrants’ flight last landed in Djibouti, an East African nation, according to reports.