Full Breakdown
U.S. Third-Country Deportations: Return of Latin American Migrants from Congo and Legal Challenges to Equatorial Guinea
6/6/2026, 7:06:43 AM
Return of Deported Migrants from the Democratic Republic of Congo
In April 2026, fifteen Latin-American migrants were transferred from the United States to the Democratic Republic of Congo (DRC) under a bilateral agreement announced by the Trump administration two weeks earlier. By early June, nine of those migrants—four Peruvians and five Colombians—had left the DRC and returned to their home countries. The Congolese government described the departures as “more than half” of the group and said additional returns would occur “shortly.” The remaining six migrants consist of three Colombians and three Ecuadorians; one Colombian woman and another Colombian remain in Kinshasa, the latter despite a U.S. federal judge ordering her return to the United States.
Background: U.S. Third-Country Removal Agreements
Since 2025, the United States has struck at least eight secretive third-country deals with African states, sending asylum seekers to nations where they hold no nationality. The policy is presented as a way to bypass domestic detention limits and expedite removals, but critics argue it creates a legal loophole that forces migrants back to countries where they face persecution. Similar arrangements have been made with Equatorial Guinea, Eswatini, and others, moving thousands of people to nearly two dozen destinations.
Key Figures and Organizations
- Alma David – U.S.–based immigration attorney representing several deportees.
- International Organization for Migration (IOM) – UN-affiliated agency facilitating assisted voluntary returns.
- Global Strategic Litigation Council (GSLC) – Coalition of rights groups filing a case against Equatorial Guinea.
- Bella Mosselmans – GSLC director.
- Jeanne Shaheen – Senate Foreign Relations Committee chair.
- African Commission on Human and Peoples’ Rights – AU body hearing the Equatorial Guinea case.
Timeline of Recent Developments
- April 17 2026 – Fifteen migrants arrive in the DRC.
- Late May 2026 – Seven migrants (four Peruvians, three Colombians) return via IOM’s Assisted Voluntary Return program.
- June 5 2026 – Congolese government announces “more than half” have returned; rights lawyers file a case against Equatorial Guinea before the African Commission.
- June 5 2026 – Equatorial Guinea transfers six deportees to their home countries, prompting accusations of “chain refoulement.”
Data and Statistics
- 15 migrants deported to the DRC.
- 9 have returned (4 Peruvians, 5 Colombians).
- 6 remain in the DRC (3 Colombians, 3 Ecuadorians).
- 14 migrants deported to Equatorial Guinea (Nov 2025 – Apr 2026) are the subject of the current human-rights filing.
- >= 8 African nations host U.S. third-country deportees; >= 2 dozen countries have received deportees overall.
Official Statements & Responses
- The Congolese government: “Further departures will take place shortly as part of the implementation of the arrangement.”
- IOM: Assisted voluntary returns are “strictly voluntary and based on free, prior and informed consent.”
- U.S. officials maintain that third-country agreements are a “necessary component of national security” and help reduce immigration backlogs.
- The African Commission noted it can issue urgent measures but lacks binding enforcement power.
Criticism & Opposition
Legal scholars and rights groups contend the deportations violate U.S. court orders that found the migrants “likely to face persecution” if returned. They describe the policy as a “legal loophole” that forces asylum seekers into untenable situations. The GSLC’s filing against Equatorial Guinea alleges “chain refoulement” and seeks compensation for those rendered stateless. U.S. Senate Foreign Relations Committee chair Jeanne Shaheen has labeled Equatorial Guinea “one of the most corrupt governments in the world,” underscoring concerns about partnering with rights-abusive regimes.
Conflicting Reports & Gaps
Reuters reports nine migrants have returned, while the Los Angeles Times cites eight. The status of the Colombian woman who remains in Kinshasa is unclear; she has not been returned despite a federal judge’s order. No official U.S. comment has been provided on the Equatorial Guinea case, leaving a gap in governmental accountability.
Verbatim Quotes
- “The fact that they chose to return there anyway raises serious concerns that they likely felt backed into a corner because no viable alternative was presented to them,” — Alma David, immigration attorney
- “They have effectively been rendered stateless,” — Bella Mosselmans, GSLC director
- “one of the most corrupt governments in the world.” — Jeanne Shaheen, Senate Foreign Relations Committee chair
- “strictly voluntary and based on free, prior and informed consent.” — International Organization for Migration
- “Further departures will take place shortly as part of the implementation of the arrangement.” — Congolese government
What’s Next
The Congolese government expects additional returns in the coming weeks, while the African Commission will consider the GSLC’s petition against Equatorial Guinea, potentially issuing urgent measures. U.S. courts are poised to hear further challenges to third-country removals, and advocacy groups plan to monitor compliance with international non-refoulement obligations.
