What is the ICE Third Country Deportation Memo?

On July 12, 2025, an internal ICE memo was leaked and confirmed by The Daily Beast and The Washington Post, revealing that ICE agents now have the authority to deport migrants to third countries with as little as six hours’ notice—and often with no requirement to confirm safety, legal rights, or asylum protections in the receiving nation.

This ICE third country deportation memo marks one of the most aggressive expansions of deportation authority in years. It applies even when a migrant’s home country is not accepting returns or if their case for protection has not been resolved.

Acting ICE Director Todd Lyons stated that this policy is “about operational flexibility.” DHS Secretary Kristi Noem supported the move, calling it a "necessary step to remove dangerous individuals more efficiently."

What does the ICE third country deportation memo mean?

This policy circumvents many of the traditional safeguards in deportation proceedings. It allows ICE to remove individuals to countries they have no legal, cultural, or linguistic ties to, undermining existing human rights frameworks and diplomatic norms.

Critically, there is no requirement for ICE to:

• Inform migrants of where they are being sent

• Confirm that the destination country has agreed to receive them

• Guarantee legal protections in that country

• Provide families with time to respond

Experts believe the ICE third country deportation memo will be used most heavily in cases involving individuals who have been detained long-term, had asylum denied, or are considered "high-priority" removals under Trump-era enforcement standards.

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What It Means for the Immigrant Community

The immigrant community, particularly undocumented individuals and asylum seekers, now faces an increased threat of:

• Rapid, unannounced deportation

• Family separation, including removal while loved ones remain in the U.S.

• Transfer to unknown or unsafe countries

• Loss of opportunity to appeal or seek legal relief

This disproportionately affects individuals from Central America, West Africa, and South Asia—regions where U.S. diplomatic agreements have allowed secondary returns under limited humanitarian oversight.

Migrants already living in fear of ICE raids must now also contend with the possibility of being sent to a third country with no warning.

Shan Potts Law Offices’ Perspective

At Shan Potts Law Offices, we view the ICE third country deportation memo as a disturbing erosion of legal due process and humanitarian standards.

Our legal team has handled hundreds of deportation defense cases, and we believe that this new policy may violate:

• International asylum protocols

• Constitutional due process rights

• The United Nations Convention Against Torture

  
  

Shan Potts emphasizes:

“No one should be deported without due process—especially to a country they’ve never been to and don’t know. This memo demands urgent legal resistance.”

Next Steps

For immigrants, families, and advocates:

1. Get screened immediately — even if you don’t think you're at risk.

2. Update your address and stay reachable by counsel.

3. Know your rights — ICE cannot remove you instantly without a valid order.

4. Retain legal representation — especially if you have an old or denied asylum claim.

   
   

At Shan Potts Law Offices, we are:

• Offering free consultations for individuals who believe they may be affected.

• Tracking implementation cases of the ICE third country deportation memo.

• Preparing emergency legal response kits for at-risk individuals and families.

  
  

The ICE third country deportation memo is a wake-up call. It’s more important than ever to be informed, prepared, and legally protected.

Contact Shan Potts Law Offices today to speak with an experienced immigration attorney.

(Source: Washington Post)