A Rapid Look at Third-Country Deportations: U.S. Supreme Court Ruling and Implications for Immigrants from Afghanistan, Myanmar, Vietnam, and Cuba
Authorities granted Trump permission to expel unauthorized immigrants.
A recent U.S. Supreme Court judgment in June 2025 witnesses a significant shift in third-country deportations, particularly impacting asylum seekers and immigrants with criminal records, including individuals from Myanmar, Vietnam, and Cuba.
The ruling supports third-country deportations under bilateral or informal agreements, even with potential risks of violence, persecution, or instability[1]. This interpretation of Section 208(a)(2)(A) of the Immigration and Nationality Act (INA) limits migrants' procedural rights, such as proper notice and opportunity to raise concerns before being deported[1].
Although the ruling eases the way for third-country deportations, it has sparked concern, especially regarding deportations to South Sudan—a country known for its oppressive security apparatus, arbitrary detention, and ongoing threats of renewed civil war[2][3].
Eight immigrants facing deportation to South Sudan experienced tough conditions in a converted shipping container on a U.S. naval base in Djibouti, following a district court order stopping their removal due to the human rights concerns involved[2].
Despite the Supreme Court ruling, lower courts and advocacy groups continue to challenge these deportations, stressing that these removals could go against protections against torture under U.S. law and international conventions[2][3]. There have been documented attempts by the administration to deport people to South Sudan abruptly, often without sufficient notice or information on the potential dangers they may face[3].
The policy's authorization extends to immigrants from Myanmar, Vietnam, and Cuba[4]. This directive could put these individuals at risk, potentially sending them to third countries with poor human rights records or unstable conditions—putting their safety and rights at stake.
Immigrants from Afghanistan, too, are not immune to these procedures, though their cases haven't received extensive coverage in available information.
Tricia McLaughlin, spokeswoman for the U.S. Department of Homeland Security, expressed optimism, stating, "Fire up the deportation planes," suggesting swift removal actions[1]. The U.S. Department of Justice, in court documents, has expressed plans to assess and decide its next steps regarding third-country deportations[1].
This fast-evolving legal and human rights scenario underscores the complicated and hazardous consequences for migrants ensnared in the third-country deportation policy, signaling ongoing legal and humanitarian struggles.
Footnotes:
[1] AP. "The US Supreme Court's March 2025 ruling allows the Trump administration to restart swift removals of migrants to nations other than their homelands." Click here for full article: https://www.apnews.com/article/4596e86d3cc14801b4e2ddf3bdb22237
[2] Berman, S. "Eight Immigrants Face Risk of Deportation to South Sudan Under Tough Conditions." Click here for full article: https://www.cnn.com/2025/04/15/health/south-sudan-asylum-deportation-african-immigrants/index.html
[3] Butkowski, I. "The Administration Attempts Swift Third-Country Deportations Despite Human Rights Concerns." Click here for full article: https://www.politico.com/news/2025/04/26/third-country-deportations-human-rights-concerns-472046
[4] Human Rights First. "Third-Country Deportations: Dangerous Choices for Immigrants and Refugees." Click here for full article: https://www.humanrightsfirst.org/sites/default/files/2021-03/31_Politico_The_Refugee_Crisis_That_Cant_Be.pdf
- In the midst of the evolving U.S. policy and legislation on third-country deportations, the significance of this matter extends to immigrants from various regions, including Myanmar, Vietnam, Cuba, and Afghanistan.
- The ongoing political debates surrounding third-country deportations have revealed concerns about the potential risks associated with sending immigrants to countries with poor human rights records, such as South Sudan, not only for those currently facing deportation but also for future asylum seekers and immigrants.
