Many asylum seekers come to the United States because they are afraid to return to their home countries. They file asylum applications, attend court hearings, and try to explain why deportation would place them in danger.
But now, a disturbing practice is being reported in immigration courts: DHS attorneys are pushing to deport some asylum seekers not to their home countries, but to third countries where they may have no family, no legal status, no protection, and no real connection.
A recent CBS News report explained that thousands of asylum seekers have abandoned their cases after ICE sought to deport them to countries they are not from.
As the background to this, as of May 2026, the U.S. has used “Asylum Cooperative Agreements” (ACAs) and other arrangements to deport over 17,500 people to at least 21 different third countries, with the vast majority (~16,000) sent to Mexico. These agreements allow the U.S. to remove migrants to countries that are not their home country, often using them as a substitute for asylum processing.
This is extremely serious. Here is one example how this would work in real life. Someone from Venezuela files an asylum claim submitting evidence and testimony that they were persecuted in Venezuela due to their political opinion and are now afraid to go back to Venezuela. When they have their Master Calendar Hearing, the ICE attorneys (OPLA) asks the Immigration Judge to deport the Venezuelan asylum seeker to Mexico since US has the Asylum Cooperative Agreement with Mexico and it would be “safe for the asylum seeker to seek asylum in Mexico.”
When DHS attorneys ask an immigration judge to deport someone to a third country before fully hearing the person’s asylum claim, it can create major due process problems. Many immigrants are suddenly forced to prove not only that they fear returning to their own country, but also that they fear being sent to a completely different country they may know nothing about.
For many detained immigrants, this pressure becomes unbearable. They may be sitting in ICE detention for months, separated from their families, unable to work, unable to properly communicate with their attorneys, and afraid of being sent to a country where they have no safety net. Some people give up their asylum claims simply because they cannot survive detention anymore.
That is not real justice.
An asylum seeker should have a meaningful chance to present their case. The government should not use detention, confusion, and third-country removal threats to pressure people into abandoning legal claims. If a person fears persecution or harm, the court should carefully review that fear before ordering deportation.
Third-country deportation can be especially dangerous when the country does not have a strong asylum system, when the person has no ties there, or when the person could still face danger, detention, homelessness, or deportation back to the country they originally fled.
If DHS has filed a motion to terminate, pretermit, or deport someone to a third country, that person should speak with an immigration attorney immediately. These cases are complex, time-sensitive, and may require strong legal objections, evidence of fear, and appeals.
Immigrants should not be forced to give up asylum because the government is trying to send them somewhere they do not belong.
If you or your loved one is in removal proceedings, detained by ICE, or facing possible deportation to a third country, contact an experienced immigration attorney as soon as possible. Do not abandon your case without understanding your legal options. Call Shepelsky Law Group today at (718)769-6352.