The removal of individuals residing in the United States illegally to a third country, distinct from their country of origin, serves as an "essential public safety tool," stated James Percival, the Department of Homeland Security's general counsel.
Percival, the department's chief legal adviser, announced in a social media post on Wednesday that DHS has deported 25,000 individuals to third countries as part of the administration's immigration enforcement efforts. The practice has seen expansion in recent months, following the establishment of formal agreements with 35 countries. The Central African Republic, for example, has been classified by the U.S. as a destination with extreme risk for Americans due to conflict and crime.
This policy has faced legal scrutiny. A federal appeals court recently ruled that immigrants slated for deportation to third countries must receive adequate notice before being sent to nations with which they have no connection. Circuit Judge Seth Aframe wrote that an individual's ability to contest removal based on a fear of persecution in the destination country is undermined if they do not receive prior notice and a meaningful opportunity to challenge the decision.
Percival outlined three primary justifications for continuing third-country removals. Firstly, he noted that not all countries will accept individuals being deported. Secondly, in some instances, individuals cannot remain in the U.S. but also cannot safely return to their home countries. Lastly, he cited "logistical problems" that can complicate removals to a person's country of origin. These situations, Percival explained, can necessitate third-country removals.
He also pointed to the legal constraint imposed by the Supreme Court case Zadvydas v. Davis, which limits the detention of individuals ordered removed to six months. This timeframe, Percival stated, means DHS has only six months to arrange all removal logistics before being compelled to release the individual into the community.
Percival's post was accompanied by a GIF and a comment referencing his wife's reaction to the deportation numbers. He also asserted that individuals involved in third-country removal cases are "disproportionately serious criminals." However, reporting from ABC News has documented instances where this has not been the case.
Immigration attorney Meredyth Yoon criticized the administration's approach, telling ABC News that it is "systematically and very cruelly sending people to third countries without prior notice, without due process, without any opportunity to object." Yoon characterized the process as "extremely opaque and lacking transparency."