A sweeping new deportation policy by U.S. Immigration and Customs Enforcement (ICE) is raising alarm among legal advocates and immigrant communities. Under the updated rules, migrants could be deported to third countries with as little as six hours’ notice — even if those countries haven’t guaranteed their safety.
The controversial directive follows a recent Supreme Court decision that cleared the way for ICE to “immediately” remove immigrants to so-called “alternative” countries without requiring diplomatic assurances that they’ll be protected from harm, according to internal communications reviewed by The Washington Post.
While deportees sent to countries with formal assurances might receive 24 hours’ notice, the memo notes that in “exigent circumstances,” removal can proceed in as little as six hours. In many cases, no advance notice is required at all.
High Stakes for Vulnerable Migrants
Thousands of immigrants could be impacted, particularly those from nations like China or Cuba — countries that historically resist accepting deportees due to strained ties with the U.S. Others could face danger in their native countries, yet still be forced to leave under the new policy.
“This puts thousands of lives at risk of persecution and torture,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance. “It’s especially cruel for long-time residents with families, jobs, and community roots in the U.S., many of whom don’t even speak the language of the countries they might be sent to.”
Simon Sandoval-Moshenberg, lead counsel in a related immigration case, said the policy threatens “thousands upon thousands” of immigrants who once believed their legal battles were behind them. “They understood themselves to be out of the woods,” he noted.
Legal Battle in Progress
Realmuto’s organization sued the Trump administration in March, citing cases like a Guatemalan migrant deported to Mexico, where he was later kidnapped and assaulted. In response to the lawsuit, U.S. District Judge Brian Murphy had temporarily blocked such deportations without at least 10 days’ notice to allow migrants a fair chance to challenge the decision.
However, on June 23, the Supreme Court’s conservative majority paused that lower court ruling in an unsigned decision, allowing ICE to resume the rapid removals. In a strong dissent, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, warned that such abrupt action could have deadly consequences: “In matters of life and death, it is best to proceed with caution. In this case, the Government took the opposite approach,” she wrote.
What the ICE Memo Says
The ICE directive, reflecting guidance from Homeland Security Secretary Kristi Noem, gives field agents broad discretion to deport individuals to third countries if the U.S. State Department has accepted assurances about the destination.
Under this system, deportees may not be asked whether they fear being sent to a third country. If they voluntarily express fear within the 24-hour period, ICE is required to screen them for potential humanitarian protection under federal law and the Convention Against Torture, a treaty the U.S. ratified in 1994.
These screenings — if they occur — are supposed to take place within a tight 24-hour window, after which a decision is made on whether the person qualifies for immigration court proceedings or must be deported immediately.
Critics argue the system leaves far too little time for legal intervention or due process — particularly when people’s lives are on the line.
