Full Breakdown
U.S. Courts Block Secretive Third-Country Deportation Program
By Drooid · · How we work
Core Deportation Program and Court Ruling
Since President Donald Trump took office in January 2025, the United States has entered into “third-country” agreements that allow migrants to be removed to nations with which they have no ties. By August 31, 2026, at least 25,447 people had been deported to 28-29 countries under the scheme, according to data compiled by Forbidden Stories. On September 18, a three-judge panel of the 1st U.S. Circuit Court of Appeals largely upheld a February district-court decision, ruling that the policy violated migrants’ due-process rights because they were not given a meaningful chance to raise safety concerns before removal.
Background & Context
The policy was launched in March 2025 after the State Department created the Office of Remigration in May 2025. The office, led by diplomat Christian Jove Ehrhardt, negotiated deals with 35 developing nations across Latin America, Africa and the Pacific. Agreements vary on which nationalities may be sent and whether individuals with criminal records are accepted. Funding for the program totals at least $410 million, with $81 million earmarked for partner governments and the remainder allocated to the International Organization for Migration (IOM) and the UN Refugee Agency (UNHCR).
Data & Statistics
- Deportees: 25,447 migrants (as of August 31, 2026).
- Primary destination: ? 20,000 sent to Mexico; the remainder dispersed to 27 other countries.
- Funding breakdown: $81 million to signatory governments; $178 million to IOM; $123 million to UNHCR.
- Specific agreements: Palau (up to 75 deportees for $7.5 million, three actually sent); Eswatini (32 deportees since July 2025 out of a possible 160 for over $5 million).
Official Statements & Responses
The White House contended that the migrants sent under the agreements are individuals whose home countries refuse repatriation, including those with removal orders who have requested not to return to their countries of origin.
Criticism & Opposition
Conflicting Reports & Gaps
Sources differ on the exact deportation count: Forbidden Stories reports “at least 25,447,” while other outlets describe the figure as “more than 25,000” or “over 25,000.” The U.S. government has not publicly disclosed the numbers, leaving the total scope of the program uncertain.
Verbatim Quotes
- “DHS's proposed interpretation would deny access to that protection to a substantial swath of noncitizens who are sent to third countries with no notice of their destination,” — Seth Aframe, US circuit judge
What’s Next
The administration has indicated it will appeal the September 18 decision, and the case may proceed to the Supreme Court. Until the appellate ruling takes effect, DHS officials assert that third-country removals can continue if proper notice and safety-concern procedures are observed. Future litigation will likely focus on how “meaningful” notice must be provided and whether diplomatic assurances from partner nations satisfy constitutional due-process standards.
