Amnesty International has published an explainer examining US "third country removals," the practice of transferring non-citizens to countries other than their country of origin as part of US removal proceedings.

The rights group's article, titled "How do US 'third country removals' work and are they legal?", is available on the Amnesty International website.

What the term means

In US immigration enforcement, a third-country removal refers to the deportation of a non-citizen to a country that is neither their country of citizenship nor the first safe country they transited. The practice has been a focus of recent administrations seeking expanded removal agreements with foreign governments.

US authorities have used bilateral arrangements to send asylum seekers and other migrants to third countries. Such agreements typically cover nationals of a designated receiving country, and sometimes extend to applicants intercepted at the US border or encountered inside the country after crossing.

What the explainer covers

Based on the article's title, Amnesty International addresses two distinct questions: how third-country removals operate in practice, and the legal basis the US government cites to justify them. The piece sits within the organization's ongoing monitoring of US asylum and border policy.

Human rights monitors have flagged the practice as potentially conflicting with the principle of non-refoulement, the international legal bar on returning individuals to countries where they face persecution, torture, or other serious harm. Critics argue that transferring migrants to countries where they have no prior connection can expose them to chain refoulement, where the receiving state sends them onward to a place of persecution.

Who is affected

Third-country removals have been applied to several categories of cases:

• Asylum seekers whose applications have been denied and who face removal to a country other than their own
• Migrants who agree to voluntary departure under a third-country arrangement
• Individuals encountered at or near the US border who lack protection claims
• Non-citizens already inside the United States whose cases are reopened

Eligibility depends on the specific bilateral agreement in force and the migrant's nationality, immigration history, and security profile.

Practical implications for migrants

US law offers procedural protections for migrants in removal proceedings, including the right to apply for asylum, withholding of removal, or protection under the Convention Against Torture. Federal courts have considered challenges to specific removal arrangements, and immigration attorneys have raised objections when third-country removals bypass standard screening.

For migrants currently in proceedings, the country of removal can change. Asylum applications, withholding of removal claims, and related filings may need to be adjusted. Attorneys often must update filings mid-case as the designated country of removal shifts. Migrants may have limited advance notice of a third-country transfer, and language or family ties to the receiving country may be minimal.

Where to get help

Migrants seeking case-specific advice should consult a qualified immigration attorney or a Department of Justice-accredited representative. The Amnesty International explainer provides general background and does not substitute for individual legal representation.