Recent deportations to South Sudan have raised concerns about the Trump administration's shift toward third-country deportations. Legal experts warn this could lead to increased risks of "enforced disappearance" for deported individuals, as their whereabouts remain unknown.
U.S. Immigration Policy Shifts: The Rise of Third-Country Deportations

U.S. Immigration Policy Shifts: The Rise of Third-Country Deportations
New internal guidance from the U.S. Immigration and Customs Enforcement suggests a strategy to increase third-country deportations following a Supreme Court ruling.
In a significant change to its immigration enforcement strategy, the Trump administration appears poised to ramp up third-country deportations, following recent actions that saw eight migrants sent to South Sudan. These individuals, who had previously been convicted of crimes in the U.S., found themselves facing an uncertain future after their departure. U.S. officials termed them “the worst of the worst,” distancing themselves from responsibility for the men's safety once they arrived overseas.
The South Sudan government acknowledged receiving the deported individuals but provided no insight into their current status or conditions. As of now, family members have lost contact with their loved ones since their deportation right before midnight on July 4.
Legal experts express concerns that the Supreme Court's backing of the legality of these deportations has emboldened U.S. Immigration and Customs Enforcement (ICE) to explore this strategy more aggressively. Newly released internal guidelines suggest that as long as a receiving country offers “credible diplomatic assurances” against torture or persecution, deportations could proceed rapidly—potentially within as little as six hours.
These guidelines stipulate that if a nation does not offer such assurances, ICE must notify migrants of their impending deportation but is not obligated to inquire about potential fears associated with deportation to that location. Advocates argue that this lack of communication cultivates fear among those targeted for deportation and deeply concerns their families left in the U.S.
Trina Realmuto, a lawyer representing the deportees, highlighted the unsettling ambiguity surrounding the situation, calling attention to how the core principle of due process seems compromised. The implications of this shift not only affect those deported but also destabilize the families remaining behind, who are left grappling with uncertainty and anxiety regarding their loved ones' fates.
The South Sudan government acknowledged receiving the deported individuals but provided no insight into their current status or conditions. As of now, family members have lost contact with their loved ones since their deportation right before midnight on July 4.
Legal experts express concerns that the Supreme Court's backing of the legality of these deportations has emboldened U.S. Immigration and Customs Enforcement (ICE) to explore this strategy more aggressively. Newly released internal guidelines suggest that as long as a receiving country offers “credible diplomatic assurances” against torture or persecution, deportations could proceed rapidly—potentially within as little as six hours.
These guidelines stipulate that if a nation does not offer such assurances, ICE must notify migrants of their impending deportation but is not obligated to inquire about potential fears associated with deportation to that location. Advocates argue that this lack of communication cultivates fear among those targeted for deportation and deeply concerns their families left in the U.S.
Trina Realmuto, a lawyer representing the deportees, highlighted the unsettling ambiguity surrounding the situation, calling attention to how the core principle of due process seems compromised. The implications of this shift not only affect those deported but also destabilize the families remaining behind, who are left grappling with uncertainty and anxiety regarding their loved ones' fates.