Trump Administration Expands Deportation Strategy Using Third-Country Transfers for Undocumented Criminals

When faced with an undocumented individual convicted of a serious crime, such as rape or murder, who cannot be repatriated to their country of origin, what course of action should the United States government take? Should such individuals be released domestically or sent to an alternative nation?

For the administration of President Donald Trump, the answer has become clear. Over the past year, a distinctive strategy has been leveraged to remove criminal undocumented individuals from the United States and bolster national security.

A New Approach to Deportation

Under established international law, undocumented individuals cannot be deported to any country where they would likely face persecution based on their race, religion, nationality, political beliefs, or membership in a specific social group. Furthermore, many countries are unwilling to accept the return of their convicted criminals, while others lack diplomatic ties with the United States.

Historically, under these circumstances, most previous administrations often opted to release these individuals within the United States. However, this practice has shifted significantly under the Trump administration. Advocacy organizations estimate that the administration has now deported approximately 25,000 undocumented individuals to countries other than their homelands, a move described as unprecedented. This achievement is attributed to considerable efforts by the Department of Homeland Security and the negotiation of around 30 international agreements facilitated by Secretary of State Marco Rubio.

Legal Challenges and High-Profile Cases

In response to this policy, various advocacy groups have launched a series of legal challenges and judicial actions, aiming to impede or delay the administration's agenda.

Shortly after President Trump returned to office, his administration attempted to deport a group of criminal undocumented individuals to South Sudan. Immediately, organizations including the ACLU, the National Immigration Litigation Alliance, and the American Immigration Council intervened, filing a class-action lawsuit to halt these third-country removals.

It is important to note that these individuals had been convicted of severe offenses, including murder, arson, armed robbery, kidnapping, sexual assault of a mentally handicapped woman, and child rape. Despite these serious convictions, the legal challenges sought to prevent their removal from the country.

Ultimately, while the ACLU's legal efforts consumed months of government resources in court, the Trump administration successfully completed the deportations. The administration subsequently intensified its efforts. Just weeks later, another group of convicted individuals was deported to Eswatini, previously known as Swaziland. This group included a Vietnamese national convicted of child rape, a Jamaican national convicted of murder, a Laotian national convicted of murder, a Yemeni national convicted of murder, and a Cuban national convicted of murder and attempted police assault.

Legal Basis and Ongoing Judicial Review

As confirmed by various court rulings, immigration law permits deportation to a third country when returning an individual to their home country is deemed