Democratic lawmakers are calling for new legal protections for immigrants after a federal court ruling cleared the way for third country deportations, a decision they denounced as indefensible.
The ruling allows immigration authorities to send migrants to countries other than their own, even when they have no ties to those nations. Lawmakers warned the policy puts people at risk of persecution, torture, or death.
The court decision, issued this week, removes a key barrier that had blocked the practice. Under third country deportations, migrants can be flown to a nation they have never lived in and where they may not speak the language or have any family or community support.
Democratic senators and representatives said the ruling leaves vulnerable people with no recourse. They are pressing for legislation that would require authorities to secure advance agreements with receiving countries and to give migrants a chance to challenge their removal.
"This is not about border security. It is about whether we send people to places where they will be harmed," one lawmaker said at a Capitol Hill press conference. The lawmakers did not name a specific bill but said they are working on a package of protections.
Immigration attorneys and human rights groups have raised similar alarms. They argue that third country deportations can amount to a death sentence when migrants are sent to nations with poor human rights records or active conflicts.
The ruling is the latest development in a long-running legal fight over how far the government can go in removing people who are in the country without legal status. Courts have repeatedly weighed whether the government must first confirm that a receiving country will not harm the deportee.
The Biden administration has not said how it will apply the ruling. Immigration and Customs Enforcement has not released details on how many people could be affected or which countries might receive them.
Republican lawmakers have largely backed the court's decision, saying it gives the government more tools to enforce immigration law. They argue that delays and legal challenges have let people stay in the country for years after being ordered removed.
The debate now moves to Congress, where Democratic lawmakers face an uphill fight to pass new protections with Republicans controlling the House. Advocates say they will also push for court appeals and administrative changes.
For now, the ruling stands, and immigrants and their lawyers are watching to see how quickly deportations to third countries resume.
