Overview of the New Deportation Policy

The United States Immigration and Customs Enforcement (ICE) is implementing a new deportation policy that allows for the removal of migrants with minimal notice, sometimes as little as six hours. This policy, as outlined in a memo by ICE Acting Director Todd Lyons, follows a recent Supreme Court ruling that permits deportations to “alternative” countries without requiring diplomatic assurances of safety from those nations. The Washington Post reports that this shift marks a significant change from previous practices, where deportations to third countries were rare.

Implications for Migrants

Under the new guidelines, deportees may receive a 24-hour notice if being sent to countries without diplomatic assurances. However, in urgent situations, this notice period can be reduced to just six hours. For countries that provide safety assurances, deportations can occur without any prior notice. This policy affects thousands of immigrants who could face danger in their home countries or come from nations like China or Cuba, which have strained relations with the US and often resist deportations.

Concerns Raised by Legal Experts

Immigration lawyers have expressed serious concerns about the potential risks posed by this policy. Trina Realmuto, executive director of the National Immigration Litigation Alliance, warns that it could endanger many immigrants with established lives in the US, including those with work permits and families. These individuals might be sent to places where they lack connections or language skills, increasing their vulnerability to persecution and torture.

Legal Challenges and Court Rulings

The policy has faced legal challenges, including a lawsuit against the Trump administration for allegedly violating federal law by deporting migrants to dangerous countries. A US District Judge temporarily blocked such deportations without adequate notice, but the Supreme Court’s recent decision has allowed them to resume. Justice Sonia Sotomayor dissented, cautioning against the risks involved in hasty deportations.

Details from the ICE Memo

The ICE memo, based on guidance from Homeland Security Secretary Kristi L Noem, allows for deportations based on assurances accepted by the US State Department. It specifies that individuals can be removed within 24 hours of notification and does not require officials to inquire about fears of going to a third country. If an immigrant expresses fear within this period, they will undergo screening for potential humanitarian protection under federal law and the Convention Against Torture.