The Trump administration’s use of third countries to receive deported migrants is facing growing scrutiny, with questions over the legality and treatment of those being transferred.
Speaking to VOC News, former US diplomat and political analyst Brooks Spector says the practice is permitted under US law, but remains subject to ongoing court challenges.
“It’s authorised under U.S. law. The Immigration and Nationality Act allows for it,” Spector says.
Several African countries, including Eswatini, Rwanda, Ghana and Liberia, have agreed to receive deportees from the United States. Spector says financial incentives and closer diplomatic ties with Washington may be among the reasons countries accept such arrangements.
He says the policy generally targets undocumented migrants who have been convicted of serious crimes, rather than migrants who simply entered the US illegally.
However, Spector acknowledges concerns over the rights and conditions of people sent to countries where they have no ties.
“It is a very, very harsh, fraught process,” he says.
Spector says the key concern is whether deportees can access legal representation or challenge their detention after being transferred to a third country.
“It would be one thing if the criminal acts were sent back to the country they came from. It’s entirely different if they’re going to another country involuntarily,” he says.
While the US maintains that the arrangements are lawful, Spector says their compliance with international law remains contested.
“International law is only as strong as the countries that are engaged in the question are prepared to accept it,” he says.
Photo: Pexels
