Understanding Third-Country Deportations in the U.S.

The United States has been deporting individuals to third countries, meaning nations that are not their country of origin or nationality. By late August 2026, this policy had led to the removal of at least 25,447 people. The majority of these individuals were sent to Mexico, but others were transferred to 27 different countries across Latin America, Africa, and the Pacific. This practice involves agreements with 35 countries, with seven more agreements finalized but not yet fully reflected in the numbers.

The State Department’s Office of Remigration, established in May 2025, has been coordinating these arrangements. The program uses a combination of diplomatic pressure, including visa restrictions, and financial incentives to encourage governments to accept deportees. A significant amount of money, at least $410 million, has been allocated for this operation. This funding is divided among governments and international organizations involved in the transfers.

How Third-Country Deportations Work

The agreements for third-country deportations are not uniform. They vary in terms of which nationalities a country will accept and whether they will take individuals with criminal records. This means that the specific terms of each transfer can differ greatly. The State Department has approached many countries, including a significant number in Africa, to participate in these removal programs.

Some countries have already received deportees, even if they are not their country of origin. For instance, Eswatini has accepted individuals from countries like Vietnam, Laos, Cuba, and Jamaica. Lawyers and rights groups have raised concerns that these deportations can place individuals in countries where they have no ties or legal rights, creating what has been described as a “legal black hole.” The transfers move people to governments with no apparent connection to their original immigration cases.

Legal Challenges to the Policy

The practice of rapid third-country deportations has faced legal opposition. On September 18, 2026, a federal appeals court ruled against the policy. The U.S. Court of Appeals for the First Circuit stated that migrants must be given notice and an opportunity to express fears of persecution or torture before being removed. This ruling upheld an earlier decision from February 2026, which found the Department of Homeland Security’s policy unlawful for failing to provide adequate notice or a chance to contest removal.

The court’s decision focused on the process of removal, emphasizing that migrants should have due process rights. The legal challenges have occurred after thousands of migrants have already been sent to third countries. The future of this policy will likely depend on ongoing legal developments and the willingness of individual governments to continue participating in these agreements.

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