Overview

• The July 9 memo permits ICE to deport migrants to a third country with just six hours’ notice in exigent circumstances.
• Removals to nations lacking diplomatic assurances of safety can proceed without predeparture guarantees.
• Migrants who voice fear of persecution must receive a screening within 24 hours under federal law and the Convention Against Torture.
• ICE has used the policy to send eight migrants from six countries to South Sudan since the Supreme Court lifted lower court restrictions.
• A federal lawsuit by the National Immigration Litigation Alliance argues the policy violates migrants’ due process rights and U.S. non-refoulement commitments.