ICE can deport migrants to countries other than their own with just six hours' notice: memo

US immigration officials may deport migrants to countries other than their home countries with six hours' notice, a top Trump administration official said in a memo, offering a preview of how deportations could ramp up.

Images of people detained by US immigration and customs enforcement are tied to barricades outside a US immigration court in Manhattan, New York City, on July 10 2025. File photo.
Images of people detained by US immigration and customs enforcement are tied to barricades outside a US immigration court in Manhattan, New York City, on July 10 2025. File photo. (REUTERS/David 'Dee' Delgado)

US immigration officials may deport migrants to countries other than their home countries with six hours' notice, a top Trump administration official said in a memo, offering a preview of how deportations could ramp up.

US immigration and customs enforcement (ICE) will usually wait at least 24 hours to deport someone after informing them of their removal to a so-called “third country”, according to a memo dated Wednesday July 9 from the agency's acting director Todd Lyons.

ICE could remove them, however, to a so-called “third country” with six hours' notice “in exigent circumstances”, said the memo, as long as the person has been provided the chance to speak to an attorney.

The memo states migrants could be sent to nations that have pledged not to persecute or torture them “without the need for further procedures”.

The new ICE policy suggests President Donald Trump's administration could move quickly to send migrants to countries around the world.

The Supreme Court in June lifted a lower court's order limiting such deportations without a screening for fear of persecution in the destination country.

After the high court's ruling and a subsequent order from the justices, the Trump administration sent eight migrants from Cuba, Laos, Mexico, Myanmar, Sudan and Vietnam to South Sudan.

The administration last week pressed officials from five African nations — Liberia, Senegal, Guinea-Bissau, Mauritania and Gabon — to accept deportees from elsewhere, Reuters reported.

The Washington Post first reported the new ICE memo.

The administration argues the third country deportations help swiftly remove migrants who should not be in the US, including those with criminal convictions.

Advocates have criticised the deportations as dangerous and cruel, since people could be sent to countries where they could face violence, have no ties and do not speak the language.

Trina Realmuto, a lawyer for a group of migrants pursuing a class-action lawsuit against such rapid third-county deportations at the National Immigration Litigation Alliance, said the policy “falls far short of providing the statutory and due process protections the law requires”.

Third-country deportations have been done in the past, but the tool could be more frequently used as Trump tries to ramp up deportations to record levels.

During Trump's 2017-2021 presidency, his administration deported small numbers of people from El Salvador and Honduras to Guatemala.

Former president Joe Biden's Democratic administration struck a deal with Mexico to take thousands of migrants from Cuba, Haiti, Nicaragua and Venezuela, as it was difficult to deport migrants to those nations.

The new ICE memo was filed as evidence in a lawsuit over the wrongful deportation of Maryland resident Kilmar Abrego Garcia to El Salvador.

Reuters


Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.

Comment icon

Related Articles