Third-Country Deportations and Risks for LGBT Migrants

The U.S. government’s policy of deporting migrants to third countries, rather than their home nations, has raised serious concerns, particularly for LGBT individuals. This policy has led to dozens of migrants, who had received protection in the U.S. based on their sexual orientation or gender identity, being sent to countries where they face significant risks. These risks include criminalization of same-sex acts and documented abuses against LGBT people.

The Supreme Court has temporarily allowed these third-country removals to continue while legal challenges are ongoing. This situation highlights a complex intersection of immigration law, international human rights, and the safety of vulnerable populations. The cases reveal that protection granted in the U.S. may not fully shield individuals once they are transferred to another nation.

Destinations and Documented Risks

The third-country deportation policy has sent migrants to various African nations, with specific concerns arising from the conditions in six of these countries. These destinations fall into two main categories regarding the risks they pose to LGBT individuals.

Countries Criminalizing Same-Sex Acts

Three of the countries involved in these deportations explicitly criminalize same-sex sexual acts. These nations include Sierra Leone, Cameroon, and Eswatini. In these locations, individuals can face severe legal penalties, including potential life sentences, simply for their sexual orientation.

Countries with Documented Abuses Against LGBT People

The other three destinations identified are the Central African Republic, Equatorial Guinea, and the Democratic Republic of Congo. While these countries may not have laws that directly criminalize same-sex relations in the same way as the first group, the U.S. State Department has documented significant abuses against LGBT people within their borders. These documented abuses have included instances of “corrective rape” and forced conversion therapy, indicating a hostile environment for LGBT individuals.

It is important to note that the specific risks can vary for each individual. The breakdown of countries does not mean every person sent to a particular nation experienced identical treatment. However, the documented removals clearly show destinations where same-sex relations are illegal and others where severe abuses against LGBT people are reported by government records.

Case Example: Latifou’s Deportation

The case of Latifou illustrates the consequences of being sent to a country other than one’s own. Latifou was deported to Sierra Leone in June, instead of his intended destination of Togo. Sierra Leone’s colonial-era laws carry the possibility of a life sentence for gay men.

While Latifou’s case is a specific example, it is part of a broader pattern involving five other destinations. The overall count of LGBT-protection cases should not be viewed as solely related to a single country’s deportation policy. These removals involve arrangements with foreign governments that agree to accept individuals who are not their own nationals but are being deported from the United States.

Broader Context of Third-Country Removals

The deportations to third countries extend beyond just the LGBT migrant cases. Preliminary government data indicates that since the policy’s reintroduction, over 40,000 people have been deported to countries other than their home nations. Approximately 900 of these individuals were sent to African countries.

The 40 cases involving LGBT protections represent a small fraction of this larger total. The policy relies on agreements with other governments willing to accept deportees who are not citizens of those receiving nations. This practice raises questions about the effectiveness of U.S. protection when individuals are transferred to potentially unsafe third countries.

Withholding of removal is a legal protection that prevents the U.S. government from sending someone back to a country where they would face persecution. However, this protection does not always prevent a transfer to a different country if the U.S. government deems that destination acceptable for removal. Therefore, a migrant can have U.S. protection based on LGBT grounds and still be subject to a third-country transfer.

Legal Challenges and Supreme Court Involvement

The Department of Homeland Security has stated that it does not enforce immigration law based on sexual orientation, asserting that doing so would be illegal. Despite this assertion, a U.S. District Judge, Brian Murphy, criticized the government’s position in a February order. He described the government’s argument that individuals had not explicitly requested to avoid deportation to repressive third countries as an “absurdity.”

In response to lower court rulings, the Supreme Court has temporarily placed a hold on a decision that would have halted these deportations. This temporary measure allows third-country deportations to continue while the ongoing litigation proceeds. Arguments in the case are scheduled for December, meaning the legal status of these removals remains uncertain for the time being.

Outcomes for Deported Migrants

Of the 40 LGBT-protected migrants sent to these six African countries, the outcomes for 32 individuals have been reported. Sixteen people remain in the countries where they were sent, with some of them currently detained. Another 16 individuals were forcibly sent back to their home countries, against their will. The disposition of the remaining eight individuals is not yet clearly established by the reported figures.

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