ICE Third Country Removals: Procedure and Rights
Third country removals refer to deportations where ICE removes a person from the United States not to their country of origin, but to a third country that has agreed to receive them. This legal process, although rarely used, has become increasingly important in complex deportation and asylum cases, especially for immigrants whose home countries refuse to accept them or where return would be unsafe.
Understanding how third country removals work and what legal rights protect you during this process is essential if you are in removal proceedings or immigration detention.
What is a third country removal under U.S. immigration law?
A third country removal happens when the Department of Homeland Security or Immigration and Customs Enforcement removes a noncitizen to a country that is not their country of nationality or last permanent residence. This can occur when the home country will not issue travel documents, when diplomatic relations are strained, or when ICE claims another country is willing and able to accept the person.
Under federal law, ICE is allowed to remove a person to “a country willing to accept the alien” when the original country of removal is unavailable.
When does ICE use third country removals?
ICE typically uses third country removals in limited but serious situations. These include cases where a person has a final order of removal and their home country refuses to receive them, or when diplomatic agreements allow another country to accept deportees. This practice has also been used in asylum-related cases through so-called Asylum Cooperative Agreements or Safe Third Country frameworks.
Although some of these agreements have been paused, ICE still maintains legal authority to deport someone to a third country if it claims the country is safe and willing to accept the individual. The American Immigration Council explains how these agreements operate.
If you are currently in immigration detention, you can learn more about your rights and risks.
Legal authority for third country removals
The government relies on two main legal bases for third country removals.
First, INA § 1231 allows ICE to remove someone to an alternative country if deportation to the original destination is not possible.
Second, 8 U.S.C. § 1158(a)(2)(A) allows the government to deny asylum if the person can be sent to a safe third country where their life or freedom would not be threatened and where fair asylum procedures exist.
However, these laws do not give ICE unlimited power. The government must still respect due process and international human rights protections.
How the third country removal procedure works
The procedure for third country removals follows a specific legal sequence.
The process begins when an immigration judge issues a final order of removal. This order allows ICE to carry out deportation.
ICE then attempts to deport the person to their home country. If that fails, ICE may identify a third country that has agreed to accept the individual.
Once a third country is identified, ICE coordinates with that government to obtain diplomatic assurances that the person will be admitted and not persecuted.
ICE must then provide written notice to the immigrant informing them of the proposed third country and giving them an opportunity to express fear of persecution or torture.
If no legal protection is granted, ICE arranges transportation to the third country, often with very little advance notice.
What rights protect you during third country removals?
Even when ICE is attempting to deport someone to a third country, several legal protections still apply.
Every noncitizen has the right to due process. This includes the right to notice, the right to a hearing, and the right to challenge the legality of their removal.
You also have the right to be represented by an immigration attorney. While the government does not provide free lawyers, having legal counsel is often the only way to effectively challenge a third country designation.
Another critical protection is the right to raise fear of persecution or torture. Before ICE can deport someone to a third country, that person has the right to request protection under asylum law, withholding of removal, or the Convention Against Torture.
Under international law, the principle of non-refoulement prohibits returning a person to any country where they would face torture or inhuman treatment. The United Nations Convention Against Torture, which the United States follows, is available at
Risks and challenges of third country removals
Third country removals present serious legal and humanitarian risks. Many immigrants are not told where they will be sent until shortly before removal. Some receiving countries lack functioning asylum systems or protections against violence. Family members may be separated permanently, and once someone is deported to a third country, it is extremely difficult to challenge the removal from abroad.
What you should do if ICE proposes a third country removal
If ICE notifies you that you may be deported to a third country, do not sign anything without legal advice. You should immediately request a fear screening and begin collecting evidence such as news reports, medical records, or witness statements showing why the third country is unsafe for you. Acting quickly can stop an unlawful removal.
Third country removals are legally complex and can place immigrants in serious danger if not properly challenged. While ICE has authority to use this process, it must still respect due process, human rights, and protections against torture and persecution. Understanding the procedure and asserting your rights early can make the difference between safety and unlawful deportation.
Need legal help with third country removal?
At J. Molina Law Firm, we help immigrants facing removals protect their rights and avoid unlawful deportations. If you or a loved one has been notified of removal to a third country, we can guide you through every legal option, and prepare the necessary filings to fight for your safety. Contact us today to schedule a confidential consultation because your future and your family deserve strong legal protection.
