WASHINGTON, D.C. — A new internal memo from U.S. Immigration and Customs Enforcement (ICE) authorizing deportations to countries where migrants are not citizens is raising serious legal and humanitarian concerns across the country.
The memo, signed by Acting ICE Director Todd Lyons in early July, outlines procedures that would allow U.S. immigration authorities to deport noncitizens to so-called “third countries”—even if those countries have not agreed to accept them or if the individuals have no ties to those destinations.
Legal scholars note that this memo marks a shift in U.S. immigration enforcement, significantly reducing protections that have traditionally shielded asylum seekers and long-term residents from arbitrary removal.
What the ICE memo says
The internal guidance gives ICE officers discretion to deport individuals to countries other than their nation of citizenship or last habitual residence. It does not require the receiving country’s prior consent.
The memo outlines two expedited timelines:
– Six-hour notice in “exigent circumstances”
– Twenty-four-hour notice in standard removal cases
In both scenarios, there is no requirement for ICE officers to ask migrants whether they fear return to the third country before removal. The policy took effect after the U.S. Supreme Court lifted a lower court injunction on June 23, 2025.
Legal and human rights implications
The ICE directive appears to conflict with established principles under U.S. asylum law and international agreements. The principle of non-refoulement, part of the United Nations Convention Against Torture, prohibits governments from transferring individuals to countries where they may face persecution or torture.
Legal scholars and immigration policy analysts have warned that the memo removes key procedural safeguards—such as timely notice, access to legal counsel, and credible fear interviews—that have long been considered fundamental to fair immigration proceedings.
Advocates also argue the policy creates significant risks for individuals who may be deported to countries with which they have no connection, limited language ability, or support systems, increasing their vulnerability to exploitation or harm.
Documented impacts already emerging
Reports confirm that at least one Salvadoran man was recently deported to Guatemala under the policy, despite not being a citizen of Guatemala. His family was reportedly not informed until after his removal.
Legal support groups also identified cases involving individuals with valid work permits or active asylum applications who have been subject to third-country removal. These examples underscore the policy’s potential to affect long-time U.S. residents with established lives and pending legal relief.
Public and legal response
Organizations including the American Civil Liberties Union (ACLU), National Immigration Law Center (NILC), and the National Immigrant Justice Center have condemned the ICE memo. These groups assert that the policy undermines legal norms and disproportionately affects vulnerable migrants, including those with pending humanitarian claims.
In response, several cities—such as Los Angeles, San Francisco, and New York—have increased outreach to immigrant communities, urging residents to remain informed and consult attorneys if contacted by immigration authorities.
Foreign policy concerns
The implementation of third-country deportations has prompted diplomatic questions from foreign governments. Analysts note that such deportations may strain international cooperation, especially when the U.S. requests other nations to accept individuals without prior arrangements or legal justification.
Legal challenges expected
Several legal organizations are preparing court challenges, particularly in the First Circuit, where lower courts previously ruled against third-country deportations under similar circumstances.
Legal experts emphasize that the outcome may hinge on whether courts find the new policy consistent with U.S. immigration statutes and constitutional protections.
Know your rights
Legal aid networks encourage at-risk individuals to:
– Avoid signing any ICE paperwork without legal counsel
– Request a lawyer if detained
– Insist on a credible fear interview if facing deportation
– Inform advocates of any medical, familial, or safety issues related to deportation
