Human Rights Watch (HRW) recently criticized the Trump administration’s “third-country removal” policy, highlighting significant human rights concerns. According to data from Immigration and Customs Enforcement, nearly 28,000 individuals were deported to more than 50 countries between January 2025 and August 2026. These nations were neither their countries of citizenship nor habitual residence, with 536 people sent specifically to African nations where they lacked any connection. This practice has been condemned for exposing deported individuals to potential human rights violations, as reported by HRW. Despite the African Commission on Human and Peoples’ Rights adopting Resolution 645 to eliminate harmful migration partnerships, many deportees continue to face challenges and risks post-removal.
HRW has urged the U.S. Department of State to cease negotiating removal agreements with countries that engage in arbitrary detention and other human rights abuses. The organization also advised against using economic measures such as tariffs or visa restrictions as leverage in these negotiations. Additionally, HRW recommended that the Department of Homeland Security (DHS) should facilitate the return of individuals with deferred removal status due to threats of torture or persecution in their home countries, as specified in § 241 of the Immigration and Nationality Act (INA).
The policy was enacted through Executive Order 14159, signed in January 2025 by former President Donald Trump. It allows for the removal of individuals deemed as significant threats to national security and public safety, although the criteria for deportation have been criticized for their lack of transparency. Individuals affected include those entering the U.S. at borders, those detained after committing criminal offenses, and undocumented residents.
Legal challenges to the policy continue, with the U.S. District Court for the District of Massachusetts ruling in February 2026 that individuals must receive “meaningful notice” prior to removal proceedings. Although the First Circuit Court of Appeals upheld this decision, the U.S. Supreme Court has put a hold on it and is set to hear oral arguments on the policy in December 2026. The ongoing legal battle reflects wider debates over immigration policy and human rights compliance.
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