Washington: The United States Immigration and Customs Enforcement (ICE) is set to enforce a controversial new deportation policy that could see migrants removed from the country with as little as six hours’ notice, even without guarantees of safety from the receiving nations. This marks a sharp departure from past practices, sparking widespread concern among immigration advocates, legal experts, and human rights groups.
The policy, outlined in an internal memo by ICE Acting Director Todd Lyons, follows a recent U.S. Supreme Court ruling that lifted a lower court’s block on deportations to “alternative” countries. The ruling effectively allows the U.S. government to deport migrants to third countries that may not have diplomatic agreements or offer protection assurances, even in cases where migrants could face persecution or torture.
According to the memo, deportees will usually receive 24 hours’ notice before being removed. However, in “exigent circumstances,” that notice period can be reduced to just six hours. In cases where migrants are sent to countries with accepted U.S. State Department assurances, no prior notice may be required.
The move could impact thousands of immigrants, including those with long-term U.S. residency, work permits, and families. Many of them may be sent to unfamiliar third countries where they have no connections, face language barriers, and lack any safety net. Some of the countries involved—such as China and Cuba—have a history of limited cooperation with U.S. deportation efforts, further complicating the situation.
“This puts thousands of lives at risk of persecution and torture,” said Trina Realmuto, Executive Director of the National Immigration Litigation Alliance. Realmuto’s organization is challenging the new policy in court and has cited previous cases where deportees were harmed after removal. One such case involved a Guatemalan man deported to Mexico, where he was kidnapped and assaulted.
Simon Sandoval-Moshenberg, lead counsel in another immigration case, echoed the concern, saying the new policy will “definitely” affect “thousands upon thousands of people”—many of whom believed their legal battles were behind them.
A prior ruling by U.S. District Judge Brian Murphy had required the government to give deportees at least 10 days’ written notice to allow them time to challenge their removal. However, on June 23, the conservative majority of the U.S. Supreme Court paused that decision in an unsigned order, clearing the path for immediate deportations to resume. The Court did not offer an explanation.
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented strongly, warning that the decision could expose migrants to life-threatening danger. “In matters of life and death, it is best to proceed with caution,” Justice Sotomayor wrote. “In this case, the Government took the opposite approach.”
Lyons’ memo, based on earlier guidance from Homeland Security Secretary Kristi L. Noem, allows deportation to proceed without asking migrants whether they fear returning to a third country. If migrants voluntarily express such fears, ICE is then required to screen them under U.S. laws and international agreements such as the Convention Against Torture, which prohibits sending individuals to countries where they may face torture.
These fear screenings are expected to occur within a 24-hour window—raising further concerns over whether individuals will have meaningful access to legal counsel or adequate time to make their case.
Immigration attorneys argue that the policy undermines basic due process and puts lives at risk. By potentially deporting individuals to unsafe third countries without proper notice or legal review, critics say the government is violating both domestic and international human rights standards.
“This is not just a legal issue—it’s a humanitarian crisis in the making,” Realmuto warned.
As legal challenges continue and pressure mounts from civil rights organizations, the fate of thousands of migrants hangs in the balance, with many now fearing they could be uprooted and sent to dangerous destinations with only hours’ notice—and no assurance of safety.
