Supreme Court Supports Third-Country Deportation Policy

The Supreme Court has temporarily permitted the Trump administration’s policy of third-country deportations to proceed. This policy involves the Department of Homeland Security (DHS) removing undocumented immigrants to countries other than their homeland when those countries refuse to accept them.

James Percival, DHS General Counsel, explained that the administration aims to enforce existing immigration laws more rigorously. He cited challenges involved in convincing other countries to accept deportees. Percival commented, “It’s a challenging request to ask a foreign nation to accept non-citizens convicted of crimes.”

The policy, unchallenged in terms of DHS’s authority but under scrutiny for its procedural compliance with federal immigration law, due process, and torture safeguards, was allowed to stay by the justices. The case will be argued in December. The third-country provision, part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) from 1996, has largely remained unused, according to Percival.

Percival likened unused authorities in immigration laws to fine china, often left unused out of fear of losing them. The Applied Strategy has drawn criticism from human rights organizations due to concerns about conditions in countries like Equatorial Guinea, which received $7.5 million from the U.S. for accepting deportees.

Objections also stem from cases like Kestutis Zadvydas, where continued detentions post-removal orders were deemed unreasonable. Percival promotes greater public understanding through his “Daily Deportee” series, showcasing criminal deportees facing deportation difficulties.

The series aims to inform and address the policy’s impact, highlighting deportees like Burmese national Kyaw Mya, whom his country refuses to repatriate. Percival pointed out cases where other deportees have reoffended upon release.

As DHS continues to implement IIRIRA and other laws for deportations, Secretary Markwayne Mullin promotes a voluntary return program, offering $3,000 and a flight home to immigrants. Percival concludes by urging awareness of the available immigration options.