Third-Country Deportations Undermine Asylum Laws and Global Norms - Episode Hero Image

Third-Country Deportations Undermine Asylum Laws and Global Norms

Original Title:

TL;DR

  • The Trump administration's "third country deportations" strategy, sending asylum seekers to nations they have no ties to, circumvents established asylum laws by exploiting deportation's classification as a civil process, not a criminal punishment.
  • Deporting asylum seekers to third countries, often with limited resources and unfamiliar cultures, creates precarious situations where individuals are outside US court jurisdiction, making legal challenges nearly impossible.
  • The US immigration system's reliance on executive orders for policy changes, rather than comprehensive congressional reform, results in drastic, oscillating approaches to asylum, leaving legitimate seekers in limbo.
  • By framing immigrants as criminals, politicians create a public image that erodes empathy and support for asylum, enabling policies that restrict access and deport individuals to unsafe conditions.
  • The current US administration's approach to asylum, characterized by strict border controls and reduced releases, effectively seals the border, significantly diminishing the ability for individuals to seek protection.
  • Global trends show other countries mirroring US policies on limiting asylum access, potentially shifting international norms away from human rights protections and towards stricter migration controls.

Deep Dive

The Trump administration has significantly escalated "third-country deportations," a policy that expels asylum seekers to nations with no prior ties to them, effectively dismantling traditional asylum pathways. This strategy, enabled by executive action and legal interpretations that define deportation as a civil, rather than criminal, process, leaves vulnerable individuals in precarious situations in unfamiliar countries, often with limited recourse.

The core of this policy involves circumventing established asylum protections by leveraging agreements with third countries, even those geographically distant or with significant instability. Individuals like German Smirnov, a Russian national fleeing political persecution, found themselves detained for extended periods and then deported to Costa Rica, a country they had never known. This experience highlights the psychological toll and practical difficulties of being forcibly relocated, as individuals grapple with language barriers, cultural differences, and uncertain futures, feeling as though they have escaped one form of confinement only to enter another. The legal framework underpinning these deportations relies on a "legal fiction" that deportation is not punishment, allowing for prolonged detention without access to legal counsel and minimizing constitutional protections. This approach has led to documented instances of harsh conditions in detention centers, with organizations like Amnesty International labeling some practices as torture.

The implications of this policy extend beyond individual cases. It signals a broader global trend where countries, formerly influenced by US human rights standards, may now follow its lead in restricting asylum access. This shift is occurring amidst an unprecedented global surge in people fleeing conflict, creating a critical tension between the rising need for protection and the shrinking availability of asylum. The lack of comprehensive immigration reform from Congress has left asylum policy vulnerable to drastic changes based on executive orders, creating a volatile system susceptible to partisan swings. Consequently, legitimate asylum seekers face immense barriers, and the very concept of seeking refuge in the United States is being fundamentally redefined, potentially leading other nations to adopt similar restrictive measures and diminishing the global commitment to humanitarian protection.

Action Items

  • Audit deportation agreements: Identify 3-5 countries receiving third-country deportees and assess legal standing and humanitarian conditions for each.
  • Draft policy brief: Outline the legal fiction of deportation as civil process and its implications for detainee rights, referencing Amnesty International's findings.
  • Analyze communication channels: Map 3-5 methods (e.g., WhatsApp, TikTok) used by migrants to learn about US asylum processes and their potential for misinformation.
  • Track asylum claim success rates: For 3-5 nationalities, calculate the percentage of asylum claims granted versus denied to understand impact of policy changes.
  • Measure executive action impact: Quantify the reduction in border crossings and asylum releases following specific executive orders on immigration policy.

Key Quotes

"The guy who built a brand around being against regime change in foreign countries, taking over Venezuela and gunning for Greenland, it's a bit surprising to me, I gotta admit. Don't ask me who's in charge, because I'll give you an answer and it'll be very contrary. What does that mean, "who's in charge"? But one thing Trump has been super clear about is his opposition to asylum. He does not want asylum seekers coming to the US. The ones that do come, he's deporting them, often to countries they aren't from, countries they've never even heard of: Eswatini, South Sudan, Costa Rica."

Miles Bryan highlights the surprising shift in Donald Trump's foreign policy approach, contrasting his past stance against regime change with his current clear opposition to asylum. Bryan points out that Trump is actively deporting asylum seekers to unfamiliar countries, underscoring the administration's aggressive stance against those seeking refuge in the US.


"When we came to the border, a supervisor, I think a woman, asked us, asked why we came here. I told her we came here to ask about political asylum. She told, 'We've got new president, we don't give political asylum anymore. Read the newspapers,' and something like that."

This quote illustrates the immediate and blunt rejection of asylum claims upon arrival at the US border under a new administration. The asylum seeker recounts being told that political asylum is no longer granted, suggesting a significant policy shift that directly impacts individuals seeking protection.


"This is all legal because deportation is categorized as a civil process, not a criminal one. Basically, deportation is not legally considered a punishment. It's considered a sovereign right of the federal government to deport someone. And as a result, people in deportation proceedings just don't have the same level of constitutional protection."

The text explains that deportation is legally classified as a civil matter, not a criminal one, which is why it is not considered punishment. This distinction, described as a "legal fiction," allows individuals in deportation proceedings to have fewer constitutional protections compared to those in criminal cases.


"The Trump administration deporting a Venezuelan asylum seeker who has no criminal record and who his family says is not a gang member. This footage distributed by the Salvadoran government shows the men arriving at the prison, shackled. He accused them of being the worst of the worst gang members. Our reporting at ProPublica and with Venezuelan reporting partners, we found that the government knew that the vast majority of these men had never been convicted of any crimes in the United States, but they were sort of rounded up and whisked away to this prison where they were held for months before they were released in a prisoner exchange."

Mika Rosenberg reports on the Trump administration's deportation of Venezuelan nationals to El Salvador, noting that these individuals, including asylum seekers with no criminal records, were labeled as gang members. Rosenberg's reporting with ProPublica indicates that the government was aware that most of these men were not convicted criminals, yet they were detained in a maximum-security prison.


"All of these changes are happening at a time where there's really an unprecedented explosion of need of people fleeing conflicts all over the world. Trump is part of a wave of politicians at the same time who have capitalized on concerns about rising immigration to countries across the globe. Politicians in places like Europe or even Canada have embraced some of the views that the Trump administration has about tamping down on migration, limiting access to asylum."

The text highlights that current shifts in asylum policy are occurring amidst a global increase in people fleeing conflict. Mika Rosenberg observes that Donald Trump is part of a broader political trend where politicians worldwide, including in Europe and Canada, are adopting stricter stances on migration and asylum access, influenced by concerns about rising immigration.

Resources

External Resources

Books

  • "The Cage" by Amnesty International - Mentioned as a report detailing detainees forced into a two-foot high metal box in the hot Florida sun.

Articles & Papers

  • Reporting on third country deportations (ProPublica) - Mika Rosenberg's work covering the strategy of deporting migrants to countries where they have no previous ties.

People

  • Donald Trump - Mentioned for his opposition to asylum and his administration's policies on deportations and third-country deportations.
  • Alexei Navalny - Mentioned as the founder of the Anti-Corruption Foundation, who had been murdered.
  • John Fecile - Mentioned as a senior producer at Snap Judgment from KQED Snap Studios, who reported on an asylum seeker deported from the US.
  • German Smirnov - Mentioned as an asylum seeker deported from the US to Costa Rica, whose story was followed for months.
  • Mika Rosenberg - Mentioned as a national investigative reporter at ProPublica who has covered immigration and third-country deportations.

Organizations & Institutions

  • Vox - Mentioned as the producer of the podcast "Today Explained."
  • Snap Judgment - Mentioned as a program from KQED Snap Studios.
  • KQED Snap Studios - Mentioned as the origin of Snap Judgment.
  • BetterHelp - Mentioned as a sponsor providing online therapy services.
  • Thumbtack - Mentioned as a sponsor providing home service professionals.
  • Shopify - Mentioned as a sponsor providing tools for building online stores.
  • Monday.com - Mentioned as a sponsor providing AI tools for project management.
  • ProPublica - Mentioned as the publication where Mika Rosenberg works and reports on immigration.
  • Amnesty International - Mentioned for releasing a report about conditions for detainees.
  • The Biden Administration - Mentioned in relation to asylum seeker registration requirements and the cancellation of asylum appointments.
  • The Trump Administration - Mentioned for its policies on asylum opposition, deportations, and third-country deportations.

Other Resources

  • Third country deportations - Mentioned as a strategy of deporting asylum seekers to countries they have no previous ties to.
  • Asylum - Mentioned as a process for seeking protection in the US, with specific legal criteria.
  • Deportation - Categorized as a civil process, not a criminal one, under US law.
  • Detention Centers - Mentioned as facilities where prospective deportees are held, distinct from prisons.
  • Political Asylum - Mentioned as a reason for seeking entry into the US.
  • Immigration Reform - Mentioned as a long-standing issue that Congress has not addressed comprehensively.
  • Executive Orders - Mentioned as a means by which presidents set immigration policy due to a lack of congressional action.

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