What to Do if Faced with Third-Country Deportation

By Jack Rosenberry

The following is informational and not intended as legal advice. It is based on information prepared by the Rocky Mountain Immigrant Advocacy Network.

As part of its deportation program for immigrants who lack legal status, the Trump administration has begun sending people to countries other than the ones from which they came. This is called third-country deportation, and those who may be affected by it face some different legal issues than those being deported to their home countries.

Any deportation requires an immigration court ruling called a “final deportation order” (also known as “final order of removal”). The order becomes final if it (1) has not been appealed within the legal time for challenging it or (2) has had an appeal denied or dismissed. This finalized order must list the destination to which the person will be deported, which is often the immigrant’s country of origin. 

Third-country deportation means sending someone to a place not listed in the deportation order, which has begun happening. As of August 2025, nine countries were accepting third-party deportations from the United States; they are Costa Rica, El Salvador, Eswatini, Guatemala, Kosovo, Mexico, Panama, Rwanda, and South Sudan. CBS News has reported that Uganda and Honduras also have agreed to be third-country deportation sites.

Under this program, someone could be sent to a country where they have never lived or even visited, and where they may not even know the language. The International Refugee Assistance Project has documented cases of Central American and Asian immigrants being sent to African countries, and Middle Easterners to Central America.

"The notion that someone could be deported to a country and where they have never set foot, have no familiar or other contacts, do not speak the language, and have no way to support themselves is incredibly cruel and inhumane," said Natalie Petrucci, a supervisory attorney with the Rocky Mountain Immigrant Advocacy Network’s Detention Program.

A lawsuit seeking to prevent third-country deportations is making its way through the federal courts. It was filed in March 2025, and when it began the judge temporarily barred third-country removals while the case was being heard. However, in June 2025, the U.S. Supreme Court paused those protections, which allowed third-country removals to resume while the case is still before the lower court.

Another important factor is whether US immigration officials have received assurances that the person will not be tortured or persecuted in the designated third country. If such assurances are received, Immigration and Customs Enforcement (ICE) could move forward with the deportation quickly. If ICE has not received such assurances, additional steps must be followed, which are detailed below. 

Therefore, anyone who fears they may be sent to a country where they might face persecution or torture should express that fear quickly and forcefully to ICE officers when they are told they will be sent to a third country. This should result in referral to United States Citizenship and Immigration Services (USCIS) and an interview by an asylum officer from that agency.

Even with that safeguard, “the lack of access to information and legal counsel for people in ICE custody makes it incredibly challenging for someone being threatened with being deported to a third country to express a fear of persecution or torture in that country," Petrucci said. 

In these situations, ICE will act quickly, which means the person will have limited time and access to information to express a fear. 

After the interview, USCIS will decide whether the person is eligible for protection that could block the third-country removal. A finding by USCIS that the person might face persecution of torture could lead to further proceedings before an immigration judge to determine whether the final removal order might be withheld.

ICE could, however, try to work around such a finding by proposing deportation to a different third country, starting the process all over. 

Similarly, people who have earned an exemption from being returned to their home country because they might be harmed there by a process called “Withholding of Removal” or by protection under the Convention Against Torture might find themselves facing deportation to a third country as a way to get around that protection. Anyone who fears this could happen should get advice from a qualified immigration attorney about ensuring their exemption stays intact.

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This blog post is based on a detailed briefing titled Information About Deportations to Third Countries and Your Rights to Defend Yourself Against These Deportations prepared by the Rocky Mountain Immigrant Advocacy Network (RMIAN) in August 2025. The guide is not intended to provide legal advice and not a substitute for speaking with an attorney.