US Immigration and Customs Enforcement (ICE) is implementing a contentious policy that allows for the expedited deportation of migrants to countries other than their own with as little as six hours of notice. This decision comes in the wake of a recent Supreme Court ruling, which ICE Acting Director Todd Lyons referenced in a memo to agency staff, stating that the ruling enables them to deport immigrants to “alternative” destinations without requiring “diplomatic assurances” of safety.
Under the new directives, the standard notification period for deportees will typically be 24 hours, although under “exigent circumstances,” ICE can act in as little as six hours. In cases where deportees are sent to countries with diplomatic assurances, they may not receive any prior warning.
This policy shift is significant, as it deviates sharply from previous practices where deportations to third countries were uncommon. Critics, including immigration attorneys, have raised alarms that this could jeopardize the welfare of thousands of immigrants who have established lives in the US. Many of these individuals may face significant threats in the countries to which they are being sent, particularly those from nations with adverse relations with the US, such as Cuba or China.
Trina Realmuto, executive director of the National Immigration Litigation Alliance, emphasized the potential dangers posed by the new policy, stating, “It puts thousands of lives at risk of persecution and torture.” The legal landscape surrounding this issue is already fraught, as Realmuto’s agency previously took legal action against the Trump administration for similar deportation practices.
The Supreme Court’s ruling has further polarized opinions, with Justice Sonia Sotomayor dissenting alongside Justices Kagan and Jackson, voicing concerns about the risks involved in expedited removals. The judges highlighted the necessity of caution when the lives of individuals are at stake.
ICE’s guidance, based on directives from Homeland Security Secretary Kristi L. Noem, specifies that deportees will not be given the opportunity to express fears regarding their destinations prior to removal. However, if an immigrant does convey such concerns within the 24-hour notice period, ICE is mandated to conduct screenings for potential humanitarian protections or relief under federal law.
This policy underscores a broader trend in US immigration enforcement that appears to prioritize expediency over the humanitarian implications of deportation, thus raising significant questions about the rights and protections afforded to vulnerable populations under US law.