Trump administration’s "third-country" deportations leave 25,000 migrants in legal limbo

29 September 2026 , 20:56

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More than 25,000 people have had their lives upended and been forced into unfamiliar cultures, governments, and legal systems when the Department of Homeland Security deported them to so-called “third countries,” places where immigrants previously living in the United States have no connections and few rights — and where a deportation business booming under the second Trump administration finds its murky endpoints.

“The point is to scare people,” said one Trump administration official, according to a Senate Foreign Relations Committee minority report. “With countries like Palau or Eswatini, the point is that the Administration can threaten people that they will literally be dropped in the middle of nowhere.”

As reported by The Intertcept, is the case for many tools of its cruelty, the Trump administration did not invent third-country removals — it refashioned them to serve its own excesses. In the past, the U.S. used the obscure administrative compromise for people who could prove they would face persecution or harm if returned to their home country yet did not meet other requirements for asylum. The U.S. had to meet humanitarian and legal obligations, such as ensuring third countries would not turn around and deport migrants right back to their home countries. It was a last-resort tool that still left people displaced from their homes and communities in service of the country’s arcane immigration laws. But the current Trump administration’s policy, premised on agreements with at least 35 countries, has been anything but humane.

Nor has it been particularly legal. After the 1st U.S. Circuit Court of Appeals struck down the third-country deportation scheme, DHS scheduled a flight to deport migrants involved in a class-action lawsuit challenging the policy to Burundi, Rwanda, and the Central African Republic. Despite a successful emergency motion their lawyers filed last week, an Immigration and Customs Enforcement jet flew to two African countries that hold third-country removal agreements, according to the American Prospect. It is not yet clear who was on the plane or whether ICE carried out third-country removals in violation of a federal court order, and the Trump administration is now aiming to take the legal fight to the Supreme Court.

The saga illustrates the Trump administration’s proclivity for obfuscation, secret contracts, nondisclosure, and dealmaking of the backroom variety. Whether digitally disappearing people from ICE’s online detainee locator tool last week, or inking multimillion-dollar sole-source contracts with inexperienced companies of questionable provenance, the Trump administration has pursued its immigration goals under the cover of darkness, often justifying the secrecy with invocations of national security, all while attempting to shield itself from public scrutiny and accountability in the process.

“Deportation, Inc.: The Rise of the Immigration Enforcement Economy,” an ongoing investigative video series from Lawfare and SITU Research, in partnership with The Intercept, examines how U.S. immigration enforcement has evolved into a multibillion-dollar industry shaped by private profit and political power — where contracts, capital flows, and institutional incentives increasingly govern detention, deportation, and surveillance. The project joins other efforts to shed light on the often invisible economy of immigration enforcement, including the Berkeley Human Rights Center, Human Rights First, Third Country Deportation Watch, and others.

The first installment, released last December, focuses on the business of migrant detention and profit motive underpinning the brutality of privately run ICE detention facilities. The second chapter, out today, looks at the network of flights shuffling migrants between those facilities, as well as the shady deals brokered with the governments of deportation destinations.

Many details of these bilateral third-country removal agreements are not public, but the logic is transactional: Countries accept asylum-seekers and other immigrants from the United States in exchange for aid or other forms of financial compensation. Many of the countries involved in what The Intercept’s Nick Turse has called Trump’s “global gulag” are so dangerous that the State Department includes them on its “Level 4 Do Not Travel” list, “the highest advisory level due to life-threatening risks. And the very fact that these people are sent to a third country, rather than repatriated, means they have at least a viable asylum case.

Some but not all of the underlying texts of these agreements have come to light, often popping up in far-flung corners of the internet. This is not only a bad practice in government transparency, but a potentially illegal one as well. Lawfare, where I serve as managing editor, has argued as much in a federal district court in Washington, D.C., where the publication has sued the State Department over its failure to disclose international agreements into which the Trump administration has entered — in violation of the Case-Zablocki Act.

Though accelerated by the Trump administration, the secrecy that has enabled the growth of the vast, invisible economy of immigration enforcement traces back to at least 2001 with the creation of the Department of Homeland Security. Following the September 11 attacks, the new Cabinet-level department, along with other federal reforms, for the first time linked immigration with national security, which resulted in massive budget increases, new abilities to shield immigration information from the public, and general judicial deference to the executive branch that accompanies matters of foreign policy and national security.

Even the current Trump administration’s third-country deportation apparatus is beginning to build up its own record of cruel precedent. In the same class-action case last year, the Department of Homeland Security attempted to deport class members to Libya and South Sudan, in apparent violation of a temporary restraining order granted by a federal judge only weeks prior. During a hastily arranged hearing, a federal judge asked a Justice Department lawyer about the plane’s whereabouts, to which the government attorney responded, “I’m told that that information is classified, and I am told that the final destination is also classified.” Asked under what authority the government had classified the location, the Justice Department lawyer did not have an answer.

From the start, the Trump administration conceived of its third-country removal policy as another tool to inflict wanton abuse on irredeemable “illegal aliens.” As Secretary of State Marco Rubio explained last year during a Cabinet meeting, “We are working with other countries to say ‘We want to send you some of the most despicable human beings to your countries.’” What he failed to mention is that the people he’s demonizing have human rights, and that the countries he negotiated deals with have extensive records of violating them.

For the first time, “Deportation, Inc.” aims to render visible the dark web of agreements, transactions, and private contractors that make these grave abuses possible.