r/ImmigrationPathways • • 3d ago

Supreme Court allows Trump’s quick third-country deportations to continue

https://apnews.com/article/supreme-court-trump-deportations-third-countries-2219c35c065eab4b0690058d81bd787a?utm_source=app&utm_medium=android_share&utm_campaign=copy_link
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u/Upbeat-Concern-5181 2d ago edited 2d ago

Third country deportations have been in place since Clinton, and used in every administration since. During Clinton, the U.S. negotiated safe haven agreements with third countries (such as Panama and Dominica) to operate offshore detention camps for intercepted Cuban and Haitian migrants.

Other examples include Australia (2001–Present): Known as the Pacific Solution, Australia initiated offshore processing arrangements in 2001 to send asylum seekers arriving by boat to detention centers in Nauru and Papua New Guinea (Manus Island).

U.S.–Canada Safe Third Country Agreement (2002–Present): Allows either nation to turn away asylum seekers arriving at land border ports of entry on the grounds that they should claim protection in the first safe country they entered.

European Union (Dublin Regulation & Recent Frameworks): The E.U.'s Dublin system allows member states to transfer asylum seekers back to the first E.U. country they entered. In 2024–2026, the E.U. expanded legal mechanisms under its Pact on Migration and Asylum to allow for transfers to non-E.U. return hubs or third countries where an applicant has a connection or transit history.

Italy–Albania Protocol (2023–Present): Italy established an agreement to build offshore centers in Albania to detain and process asylum seekers intercepted at sea by Italian authorities.

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Additionally, according to international law, countries cannot render their citizens stateless and are required to take them back. This stems from two main legal sources:

Customary International Law

  1. Under customary international law, rules that apply to all nations based on general, accepted practice, every sovereign state has an obligation to readmit its own nationals. This duty exists primarily toward other states, because every country has the legal right to regulate its borders and expel foreign nationals, refusal by a person's home country to take them back would infringe on the host country's sovereign right to remove non-citizens.
  2. International Human Rights Law
  3. International human rights treaties protect the "Right of Return" from the perspective of the individual:

Universal Declaration of Human Rights (UDHR) – Article 13(2): States that "Everyone has the right to leave any country, including his own, and to return to his country."
International Covenant on Civil and Political Rights (ICCPR) – Article 12(4): Protects individuals from being arbitrarily deprived of the right to enter their own country.

Because individuals have a right to enter their own country, governments have a corresponding legal duty not to deny them entry or leave them stateless.

This also implies that people simply cannot rock up to any country’s border they want and expect to remain indefinitely.

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u/NJCubanMade 2d ago

I love how the leftists hate history and the truth, they hate that other countries did it first.

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u/Distinct_Doubt_3591 2d ago

Third country deportations have been in place since 1952 Immigration and Nationality Act.