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ICE Memo Enables Rapid Third-Country Deportations With Minimal Notice

The directive bypasses a lower court’s 10-day notice rule paused by the Supreme Court, raising human rights concerns

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Federal agents block people protesting an ICE immigration in California.
The badge of a U.S. Immigration and Customs Enforcement (ICE) officer. Hawthorne, California, U.S., March 1, 2020. REUTERS/Lucy Nicholson/File Photo
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Overview

  • The memo sets notice periods of 24 hours for removals to countries without diplomatic assurances, six hours in exigent circumstances and no notice when assurances are deemed credible
  • Immigration officers will screen only migrants who voice fear of third-country transfer, with humanitarian reviews scheduled within 24 hours under federal law and the Convention Against Torture
  • Civil liberties groups led by the National Immigration Litigation Alliance have sued to restore advance-notice and reasonable-fear screening requirements, warning of persecution and torture risks
  • The policy targets immigrants with final removal orders who cannot return to their home countries, significantly expanding the use of rare third-country deportations
  • A conservative Supreme Court majority lifted a lower-court injunction on June 23, clearing the way for ICE to implement the memo while legal battles over due process continue