What are third country deportations and how do they affect immigrants?

Third country deportations occur when a person is removed from the United States not to their country of nationality or last habitual residence, but to a third country. Legally, this is known as a removal to an alternate country under Section 241(b)(2) of the Immigration and Nationality Act (INA).

This type of removal typically arises when the individual cannot be returned to their home country due to persecution, civil unrest, or lack of diplomatic relations. While legal under certain conditions, these deportations raise serious concerns about due process, non-refoulement protections, and access to legal remedies in the receiving country.

Why does the U.S. government use third country deportations?

The Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE), may pursue removal to a third country when:

• The home country refuses to accept the individual.
• The individual faces a well-founded fear of persecution in their country of origin.
• The U.S. has entered into an agreement with a third country to accept certain noncitizens.

These deportations are sometimes used as part of broader enforcement strategies, especially in cases involving asylum seekers or migrants in prolonged detention.

Which countries have received third country deportees from the United States?

The following is a list of countries that, based on public records and reports from international organizations, have received individuals removed from the U.S. under third country deportation practices.

Latin America and Central America

1. Mexico
   Under programs such as the Migrant Protection Protocols (MPP) and prior Title 42 expulsions, the U.S. has returned large numbers of non-Mexican nationals to Mexico. Though Title 42 ended in 2023, informal agreements and expedited removal continue to allow third country returns to Mexico.
2. El Salvador
   Though not designated as a formal “safe third country,” El Salvador has accepted deported individuals, including nationals of Venezuela and Haiti, under regional cooperation frameworks.
3. Guatemala
   Pursuant to a 2019 Asylum Cooperative Agreement (ACA) between the U.S. and Guatemala, asylum seekers from Honduras and El Salvador were subject to removal to Guatemala. Although this agreement was terminated in 2021, limited third country removals continue on a case-by-case basis.
4. Costa Rica
   Costa Rica has cooperated with the U.S. in limited removals involving noncitizens from Africa, Asia, and the Caribbean transiting through Latin America.
5. Panama
   As a transit country, Panama has accepted third country nationals in coordination with U.S. authorities under regional enforcement efforts.

Africa

6. Rwanda
   In 2025, the U.S. signed a memorandum of understanding with Rwanda to relocate up to 250 third country nationals facing removal. These removals are controversial due to concerns about resettlement conditions and long-term legal status.
7. South Sudan
   Though rare, some removals to South Sudan have occurred involving individuals with prior ties to the region. These cases often involve national security designations or failed repatriation efforts.
8. Eswatini (Swaziland)
   A small number of noncitizens have reportedly been removed to Eswatini, typically where no other country agreed to accept them.
9. Ghana
   Ghana has accepted third country deportees, particularly those with prior legal residence or immigration history in the country.
10. Uganda
    In 2024, Uganda agreed to accept limited third country deportees under a bilateral humanitarian arrangement with the U.S. government.

Europe

11. Kosovo
    Kosovo has cooperated with the U.S. in hosting deportees temporarily under emergency relocation efforts, often with support from international organizations such as UNHCR and IOM.

Countries Where Deportation Has Been Blocked or Challenged

12. Libya
    Due to ongoing armed conflict and systemic human rights abuses, federal courts have blocked removals to Libya, citing credible fear and Convention Against Torture (CAT) concerns.
13. Syria
    No removals to Syria are currently permitted, as U.S. courts have found that such deportations would violate protections under CAT and the Refugee Convention.

What legal protections apply to third country deportations?

Several key legal principles protect noncitizens from being removed to a third country where they may face harm:

• Non-refoulement (1951 Refugee Convention, Article 33): Prohibits returning an individual to a country where their life or freedom would be threatened based on race, religion, nationality, membership in a particular social group, or political opinion.
• Convention Against Torture (CAT): Bars removal to a country where the individual is more likely than not to face torture.
• INA Section 241(b)(2)(E): Allows for designation of an alternate country of removal only if that country is willing to accept the noncitizen and removal would not violate international law.

Immigration judges and federal courts may grant relief or withhold removal if credible fear, asylum, or CAT protection claims are substantiated.

What are the concerns with third country deportations?

Legal service providers and human rights advocates have documented serious issues:

• Lack of legal status and resettlement options in receiving countries.
• High risk of detention, refoulement, or exploitation.
• Absence of procedural safeguards or asylum systems.
• Separation from family, language barriers, and unsafe living conditions.

These concerns raise doubts about whether certain third country removals comply with U.S. and international law.

What should individuals facing removal know?

If you are in removal proceedings or subject to a final order of deportation, and fear being sent to a third country, you should:

1. Consult with a qualified immigration attorney immediately.
2. File for asylum, withholding of removal, or CAT relief if applicable.
3. Inform the court or ICE of any credible fear or danger in the proposed country of removal.
4. Document any prior legal ties, residence, or conditions in the receiving country.

Stay informed and seek legal protection

Third country deportations remain a developing area of immigration law. It is critical for individuals to know their rights, seek representation, and understand available defenses against removal.

For updated legal resources, visit:

• American Immigration Council
• Refugees International
• Human Rights First

Do you need help with a deportation or immigration case?

At J. Molina Law Firm, we are committed to protecting the rights of immigrants. If you or a family member is facing third country deportation, contact us today. Our experienced legal team will help you navigate your options and fight for your safety.