Third-Country Deportations: Know Your Rights

What Are Third-Country Deportations?

Third-country deportations occur when the U.S. government removes a person not to their country of origin, but to a completely different country — one they may have no connection to, no family in, and no right to reside in. In many cases, these deportees are sent to nations where they face persecution, criminalization, or grave danger.

Under the current administration, the United States has entered agreements with at least seven African nations — including Cameroon, South Sudan, Rwanda, Uganda, Eswatini, Ghana, and Equatorial Guinea — to accept deported migrants who are not citizens of those countries. People from across the world, including asylum seekers with active legal protections, have been placed on flights and deposited in countries where they have never lived.

Why Are Third-Country Deportations Legally Problematic?

Third-country deportations raise serious legal concerns on multiple fronts. Federal immigration law requires that when the government deports someone, it must follow specific procedures — including giving the individual notice of where they will be sent and an opportunity to challenge that designation. Removing people to third countries without this process violates their right to due process under the Fifth Amendment.

Beyond constitutional concerns, these removals potentially violate U.S. obligations under international treaties, including the principle of non-refoulement — the prohibition against returning people to countries where they face persecution. When a person who has received a judge's order of protection is deported to a nation that may quietly send them back to the very country they fled, the entire asylum system is undermined.

The Department of Homeland Security's own internal procedures require specific steps before removing someone to a country other than their homeland. In many documented cases, these procedures have not been followed.

Who Is Affected?

The individuals caught up in third-country deportations come from many backgrounds, but they share common circumstances. Many are asylum seekers who came to the United States seeking safety. Some had already been granted judicial protection orders — legal rulings by immigration judges determining they should not be returned to their home countries because of the danger they face there.

One widely reported case involves a 21-year-old gay Moroccan woman who was deported to Cameroon — a country where homosexuality is illegal and can be punished with imprisonment. Despite having received a judge's protection order in the United States, she was placed on a flight to a country she had never been to, where her identity itself is criminalized. She is now in hiding after returning to Morocco.

On the first documented deportation flight in January 2026, at least eight of the deportees had received protection orders from U.S. immigration judges — meaning a court had already determined they should not be sent home. They were deported anyway, to a third country.

What Rights Do You Have?

Even in the current enforcement environment, you have legal rights:

• Right to due process: The government cannot remove you without following proper legal procedures, including notice of the country you will be sent to and an opportunity to object.
• Right to challenge your removal: If you have a pending asylum case, removal order under appeal, or a protection order from an immigration judge, these legal protections remain in effect.
• Right to counsel: You have the right to be represented by an attorney in immigration proceedings. If you or a family member faces removal, contact an immigration lawyer immediately.
• Habeas corpus: If you have been detained and face imminent removal to a third country, your attorney can file an emergency habeas corpus petition challenging the legality of the deportation.

What Legal Options Exist?

Novo Legal Group is actively litigating on behalf of individuals affected by third-country deportations. Legal avenues include:

• Emergency habeas corpus petitions — challenging the legality of a deportation before or after it occurs
• Appeals of removal orders — pursuing relief through the Board of Immigration Appeals and federal circuit courts
• Motions to reopen — requesting that an immigration court reconsider a case in light of changed circumstances or legal errors
• Class action participation — the federal court ruling in Massachusetts arose from a class-action lawsuit, and additional legal challenges are expected
• International legal remedies — in some cases, petitions to international human rights bodies may be appropriate

For more on how Novo Legal approaches complex removal defense, visit our Deportation Defense and Impact Litigation practice area pages.

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Timeline of Key Developments

This timeline is updated as new developments occur. Last updated: February 26, 2026.

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Media Coverage

Novo Legal Group and Of Counsel attorney Alma David have been cited extensively in national and international media coverage of third-country deportations.

For Novo Legal's full media coverage across all issues, visit our Newsroom.

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