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U.S. Third-Country Deportations to Africa Raise Legal and Human-Rights Questions
By Drooid · · How we work
Policy Overview
After President Donald Trump resumed office in January 2025, his administration signed bilateral accords with nations in Latin America, Africa and the Pacific to receive migrants the United States could not return to their countries of origin. Under the “third-country removal” program, more than 500 individuals have been transferred to African states where they hold no citizenship, including Cameroon, the Central African Republic, the Democratic Republic of Congo, Equatorial Guinea, Eswatini and South Sudan.
Background & Context
Tackling illegal immigration was a central pledge of Trump’s 2024 campaign. The policy expands earlier U.S. practices of deporting migrants to third countries by formalising agreements that allow transfers even when the recipient nation cannot guarantee protection under international refugee standards.
Data & Statistics
- Deportees: > 500 people sent to African nations that are not their own, according to U.S. Immigration and Customs Enforcement data cited by Human Rights Watch.
- Research scope: HRW’s 125-page report is based on interviews with 24 third-country nationals between February and July 2026.
- Countries involved: Six African states—Cameroon, Central African Republic, Democratic Republic of Congo, Equatorial Guinea, Eswatini and South Sudan.
- Vulnerable groups: At least a dozen deportees identified as lesbian, gay, bisexual or transgender were sent to countries that criminalise same-sex relations.
- Health and detention: Several arrivals faced arbitrary detention, lack of medical care and, in some cases, onward removal to their home countries where they risk persecution or torture.
Official Statements & Responses
Department of Homeland Security (DHS) notes that once a person leaves ICE custody, the agency is no longer responsible for their welfare.
Criticism & Opposition
Human Rights Watch argues that the policy breaches international law, specifically the principle of non-refoulement, which prohibits sending individuals to places where they face torture, cruel treatment or threats to life. The organization also highlights that many deportees are left with no practical option but to return to their home countries despite the danger they face there.
Verbatim Quotes
- “Deporting people to countries where they have never set foot is part of a US policy designed to cause human suffering as a means to deter migration,” — Michael Garcia Bochenek, interim US programme director, Human Rights Watch
- “Several of these African governments are not only complicit in US abuses but have violated the human rights of these deported people themselves, including with arbitrary detention and in some cases sending them back to countries where they fled danger,” — Michael Garcia Bochenek, interim US programme director, Human Rights Watch
Conflicting Reports & Gaps
HRW’s data focus on African transfers, citing > 500 deportees. By contrast, the Forbidden Stories consortium estimates that the broader program has expelled roughly 25,000 people worldwide. The discrepancy reflects differing geographic scopes and underscores a lack of comprehensive public accounting of the program’s total reach.
What’s Next
The U.S. Supreme Court is scheduled to hear arguments in December on whether the third-country removal policy violates the Constitution’s Due Process Clause and statutory prohibitions on sending individuals to risk of torture. The Court has so far allowed the policy to continue pending the hearing.