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1 [1] (August 24, 2026)

handle is hein.crs/govevcx0001 and id is 1 raw text is: iraon Removals to Third Countries August 24, 2026 Standard Removal Process The Immigration and Nationality Act (INA, codified in Title 8 of the U.S. Code) sets forth rules governing the selection of the country to which an alien ordered removed may be transferred. Aliens found in the interior of the United States who have been ordered removed generally must be removed to the country they designate (typically their home country) or, if that is not possible, another country to which they have a connection. The INA also provides that the Secretary of Homeland Security (DHS Secretary) may potentially remove aliens to another country willing to accept them-referred to as a third country- when removal to the designated country or a country to which the aliens have a connection would be impracticable, inadvisable, or impossible. These country-selection rules operate alongside separate, humanitarian-based protections against removal to specific countries. The INA provides for withholding of removal to countries where an alien's life or freedom would be threatened on account of a statutorily protected ground, and the Convention Against Torture (CAT) and its implementing rules bar the transfer of aliens to a country where they would more likely than not face torture. These considerations may inform and constrain removal options. President Trump's January 2025 Executive Order Securing our Borders' states that it is the policy of the United States to promptly remove all aliens who enter or remain in violation of the law and directs the Secretary of State to coordinate with the Attorney General and DHS Secretary to take all appropriate action to facilitate additional international cooperation and agreements ... including [by entering into safe third-country agreements] or other agreements under any other applicable provision of law. The U.S. Department of Homeland Security (DHS) has not made data publicly available on the total number of third- country agreements or the number of aliens transferred to third countries. Based on information requests and public reporting, two advocacy groups-Refugees International and Human Rights Watch-are jointly tracking third-country agreements and removals, estimating that more than 21,000 individuals have been removed during the second Trump Administration by formal or informal agreements reached with more than 30 countries, including Cameroon, Costa Rica, the Democratic Republic of Congo, El Salvador, Eswatini, Guatemala, Honduras, Panama, Paraguay, Poland, Uzbekistan, and Mexico, with the latter receiving the most individuals. The U.S. govenument has used the third-country removal process in the past, but reportedly its current utilization substantially outpaces past practices. Many such individuals lack citizenship, legal status, social ties, a common language, and/or cultural familiarity in these third countries. Aliens in the interior of the United States who are identified for removal by DHS are typically placed in standard removal proceedings in immigration court within the U.S. Department of Justice's Executive Office for Immigration Review (EOIR). Standard removal proceedings begin when DHS files a charging document (a Notice to Appear) with an immigration court. During removal proceedings, an alien has the right to apply for relief or protection from removal, and present evidence and testimony before an immigration judge (IJ), who ultimately decides whether to grant relief or protection (such as asylum) or order removal. If relief or protection is denied, the IJ generally issues an order ofremoval, which becomes final in specified circumstances, including, for example, after any administrative appeal is dismissed, or when the time to appeal has expired and the alien does not file an appeal within that time period. Within DHS, Immigration and Customs Enforcement (ICE) is generally responsible for the detention of aliens, including those ordered removed. The U.S. Supreme Court has generally limited the period of detention after a final removal order is issued to six months, after which the individual may be released. Selection of Removal Country Most aliens ordered removed in standard removal proceedings may select the countny of removal. If the individual cannot be returned to that country, he or she generally must be removed to an alternative country of which the alien is a subject, national, or citizen. If removal to that alternative country is not possible, additional removal countries may be considered, including-as a last option-a country whose government will accept the alien into that country, if removal to certain other countries to which the alien has some connection is impracticable, inadvisable, or impossible. DHS may remove foreign nationals to third countries willing to accept them and to which they have little or no ties for several reasons. Some countries may simply refuse to accept the return of their nationals or refuse to issue travel documents permitting their repatriation. Some countries will not accept their own nationals if they have engaged in criminal activity or may limit the total number of removals they are willing to accept. Other countries may have poor or nonexistent relations with the U.S. government. Additionally, removal to a particular country may not be an option if an alien has been granted withholding of removal or CAT protection with respect to that country. Expa nd ng Third-Country Removal In February 2025, DHS issued intenal policy guidance identifying several categories of foreign nationals with final removal orders that should be considered for third-country removals. They include, for example, aliens who cannot be Introduction