Matthew Boaz: Due Process in Third Country Removals

Matthew Boaz on Lawfare (Due Process in Third Country Removals) looks critically at the Trump administration's third country removals, which subject individuals to removal who may otherwise have protection from deportation to their country of origin. People who have won their cases and remained for long periods in the United States are suddenly—and frequently without notice—detained by Immigration and Customs Enforcement (ICE) and put on a plane for removal to a land they have never known. Recall the administration threatened Kilmar Abrego Garcia, who was wrongfully deported to El Salvador and returned to the United States, with removal to Uganda.

One nation that the U.S. government is removing noncitizens to is Equatorial Guinea. "The State Department’s most recent annual human rights report for Equatorial Guinea identifies major concerns for those residing within that nation. In the past year, credible sources have reported torture, `cruel, inhuman, or degrading treatment or punishment,' and trafficking in persons, including by government officials. "

The U.S. government has attempted to seek third country removal agreements with at least 58 nations, though the details remain broadly opaque. Confirmation of the agreement with Equatorial Guinea, for example, was only uncovered through investigative journalism. 

Check out this blog post to get a sense of what our government is doing.