The U.S. Immigration and Customs Enforcement (ICE) has introduced a controversial new policy that permits deporting some migrants to countries with which they have no prior ties. According to a July 9 memo, the agency may remove individuals even if there are no guarantees they will not face torture or persecution in the destination country.
The memo, signed by acting ICE Director Todd Lyons, took immediate effect and outlines how officers may carry out removals without diplomatic assurances in place. In some cases, deportations could occur with as little as six hours’ notice.
The policy allows ICE to send individuals to third countries — nations other than a migrant’s country of origin — even if the U.S. has not received credible diplomatic promises of safety. Lyons wrote that if such assurances are received and deemed trustworthy by the State Department, removal may proceed without further steps.
However, in cases where no such guarantees exist, ICE officers are instructed to provide a notice of removal in a language the migrant understands. Officers are not required to ask whether the person fears persecution or torture in the assigned country, but the person may express such concerns on their own.
Under typical conditions, the policy requires officers to wait 24 hours before deporting someone. But in “exigent circumstances,” deportation may happen after only six hours, provided the migrant is given a fair chance to contact an attorney.
This policy applies to migrants who already have final deportation orders but are still considered at risk of harm if returned home. It also includes those from countries where the U.S. lacks diplomatic relations, such as Cuba.
Even though ICE officers are not obligated to ask migrants about their fears, anyone who does voice concern must be given a screening within 24 hours. That screening could result in further court procedures or an attempt to send the migrant to another country altogether.
Legal experts and immigration advocates have voiced strong opposition. Trina Realmuto, executive director of the National Immigration Litigation Alliance, said the memo undermines legal protections that should be guaranteed by U.S. law and the Constitution.
She warned that the policy could lead to deportations based on weak or unreliable diplomatic assurances, without any chance for migrants to challenge them. Realmuto also criticized the lack of transparency around which countries the U.S. has made these agreements with, or what was offered in exchange.
The memo gives as little as six hours’ notice before deportation, a timeframe she argues is grossly inadequate for anyone to prepare, especially those unfamiliar with the destination country or without legal help.
Before the memo became public, the Department of Homeland Security stated that the U.S. had secured nearly a dozen agreements with other countries to accept deported migrants. An agency spokesperson emphasized that such deals are necessary to remove “criminal illegal aliens” and claimed the process upholds constitutional standards.
This memo comes after a Supreme Court decision in June that allowed the government to deport migrants to countries with which they have no connection. The court’s conservative majority put a lower judge’s ruling on hold. That ruling had said migrants at risk of harm should be given a real chance to challenge deportation.
Justice Sonia Sotomayor, in a dissenting opinion, criticized the decision, saying it allowed the administration to bypass legal protections and endangered lives. She pointed out that the suffering of many is being overlooked in favor of political expediency.
This new ICE guidance may soon face further legal challenges. For now, it marks a sharp shift in U.S. deportation policy and adds fresh urgency to ongoing debates about human rights, immigration law, and constitutional protections.
