What are third country removals in immigration law?
Third country removals refer to the process by which the U.S. government deports an immigrant or asylum seeker to a country that is not their country of origin. These removals typically apply when the individual has traveled through a third country before arriving in the U.S. and did not apply for asylum there.
This policy is mainly used in asylum and border enforcement cases. The underlying assumption is that the third country is a safe place for the person to seek protection instead of remaining in the U.S.
Under U.S. immigration law, third country removals can be applied when an individual transited through a country deemed sufficiently safe to request asylum before reaching the United States.
When can the U.S. deport someone to a third country?
A person may be subject to third country removal if:
- The U.S. has a bilateral agreement with the third country, such as the former Safe Third Country Agreement (STCA) with Canada.
- The country is considered safe, meaning it offers a functioning asylum system and protections under international law.
- The person passed through that country and did not apply for asylum there.
Which countries are considered for third country removals?
Historically, the U.S. has implemented or attempted third country removal arrangements with:
- Canada through the Safe Third Country Agreement (STCA)
- Guatemala, Honduras, and El Salvador via Asylum Cooperation Agreements (ACAs), later suspended in 2021
- Mexico through policies such as the Migrant Protection Protocols (MPP), also known as Remain in Mexico, and Title 42 expulsions
While the U.S. no longer maintains active ACAs with Central American countries, similar practices may continue under internal border policies or expedited removal proceedings.
What happens if I’m subject to third country removal?
If DHS determines you are eligible for third country removal:
- You may be transferred to the designated country without your asylum claim being heard in the U.S.
- You might not receive a full court hearing.
- Only a limited review is conducted to assess whether the third country is safe for you personally.
There are, however, important exceptions:
- If you express a credible fear of persecution or torture in the third country
- If you are an unaccompanied minor
- If the receiving country refuses to accept you
An individual subject to third country removal may only challenge the decision if they demonstrate a specific, credible risk in the receiving country.
If you’re in this situation, it’s critical to know what to do if ICE detains a loved one.
Can I appeal a third country removal decision?
Your options are limited. In most cases, the removal is processed quickly, and there is no full appeal. However, you may request review if:
- You were not informed of your rights properly
- Your fear of removal was not evaluated by an asylum officer
- Your case involved legal or procedural errors
An experienced immigration attorney can help you file motions to reconsider or request a stay of removal.
Is Mexico a safe third country?
Despite being used as a receiving country under various programs, Mexico is not officially designated as a Safe Third Country under a formal agreement with the U.S.
Many legal and human rights organizations, including Human Rights First, have documented:
- Violence against migrants
- Lack of access to asylum procedures
- Arbitrary detentions and kidnappings
International law prohibits countries from sending individuals to places where they face serious threats to their life or freedom, a principle known as non-refoulement.
What are the risks of third country removals?
The main concerns include:
- Lack of due process: Individuals may be removed without a proper hearing
- Unsafe conditions: The third country may not provide adequate protection or shelter
- Legal limbo: Many are stranded without legal status or protection mechanisms
Common mistakes that lead to third country removal
Many migrants unintentionally trigger third country removals because they are unaware of how transit history affects their asylum eligibility.
Common errors include:
- Failing to request asylum in the first country of arrival (such as Mexico or Guatemala)
- Crossing multiple borders without documentation
- Not preparing for the credible fear interview
- Using smugglers or falsified documents
A lack of legal guidance during initial entry or border processing is a leading factor in wrongful removals under third country provisions.
How do I know if I’m at risk of third country removal?
You may be at risk if:
- You entered the U.S. without inspection or via the southern border
- You transited through one or more countries considered safe under U.S. policy
- You did not apply for asylum in those countries
- You received a Notice to Appear (NTA) or are placed in expedited removal
If any of these apply, seek legal help immediately. Our firm can review your travel history and determine if the government might try to remove you to a third country instead of allowing your case to proceed in the U.S.
FAQs about third country removals
Can I be deported to Mexico if I’m not Mexican?
Yes. Under certain policies, migrants from countries like Honduras or Venezuela have been sent to Mexico, even if they have no legal status there.
What if I applied for asylum in another country but was denied?
You must provide evidence of that denial and explain why it was not a fair or safe process. This may help justify your claim in the U.S.
What protections do unaccompanied minors have?
Children traveling alone are exempt from third country removal rules under U.S. and international law. They must be processed under the TVPRA (Trafficking Victims Protection Reauthorization Act).
Can I apply for asylum again after being removed to a third country?
It is extremely difficult. If removed, you generally lose your eligibility for U.S. asylum. That’s why it’s crucial to act before removal occurs.
What is a credible fear interview and how can I prepare?
This is your chance to explain why you fear persecution in your home country or the third country proposed.
Your rights matter — get legal help now
Third country removals are legally complex, and one mistake can result in deportation to a country where your safety is not guaranteed. At J. Molina Law Firm, we are committed to defending immigrants at risk of deportation and helping them seek protection lawfully.
Let our legal team evaluate your case, stop wrongful removal, and fight for your right to remain in the United States.
Contact us now for a confidential consultation.
