Geneva: United Nations human rights experts have called on the United States to immediately halt arrangements that send migrants to countries other than their countries of origin, warning that the policy exposes people to serious risks including torture, persecution, arbitrary detention and other human rights violations.
The experts said at least 23,000 third country nationals had already been sent to 29 countries and territories under arrangements linked to US migration policy. They also sent their communication to the governments of 35 countries and territories that they said had agreements with Washington to accept people deported from the United States.
The experts warned that migrants transferred to countries where they have no ties or effective protection may face difficulties accessing legal assistance, challenging their removal or seeking protection. They also raised concerns about people being sent from one third country to another where they could face persecution or torture.
The experts warned that such onward removal could, in some circumstances, amount to chain refoulement. This is when a person is transferred through several countries and eventually sent to a place where they may face serious harm.
They said governments cannot avoid their international human rights responsibilities simply by transferring migrants to another country. The experts also called for greater transparency and independent monitoring of the arrangements.
The warning comes as the Trump administration faces a continuing legal challenge over the policy in the United States.
On September 18, the US Court of Appeals for the First Circuit largely upheld a lower court ruling that the policy failed to provide migrants with required safeguards before they were sent to third countries. The appeals court said migrants must have a meaningful opportunity to raise concerns that they could face persecution or torture in the country to which they are being sent.
The Trump administration has challenged the ruling before the US Supreme Court. On September 24, it asked the court to allow the third country deportation policy to continue while the broader legal dispute proceeds.
The Supreme Court had not issued a ruling on the administration's emergency request as of September 28. A response to the request was due on September 28, according to the court docket.
The US government has defended the policy as a necessary tool for immigration enforcement. The administration has argued that the arrangements allow the United States to remove people who cannot quickly be returned to their countries of origin and has said that receiving countries provide assurances concerning their treatment.
The experts are independent human rights specialists commissioned through the UN Human Rights Council's special procedures and are separate from the UN Secretariat. Their communication is not a court ruling.
Concerns have also been raised about conditions faced by some people after their transfer. In individual cases, lawyers and rights groups have reported allegations of detention and mistreatment. Such allegations concern specific cases and should not be treated as evidence that all migrants transferred under the policy have experienced abuse.
The number of people transferred under the arrangements has been reported differently by different organisations because of differences in sources and reporting periods. The UN experts' assessment puts the figure at at least 23,000 people sent to 29 countries and territories.
Countries identified in reporting on the policy include Equatorial Guinea, Liberia, Uganda, South Sudan and the Central African Republic. The circumstances and arrangements differ between countries.
The broader dispute has raised questions about the responsibilities of countries that accept migrants transferred from the United States and about the safeguards that should be available before such transfers take place.
The UN experts said countries involved in the arrangements must ensure that migrants are protected from torture, persecution and other serious human rights violations. They also called for effective safeguards and independent monitoring.
For now, the policy remains at the centre of both an international human rights debate and a US legal battle. The UN experts are calling for the arrangements to stop, while the Trump administration is seeking to preserve its ability to use third country removals as part of its immigration enforcement programme.
The Supreme Court's response to the administration's emergency request could determine whether the disputed removal procedure can continue while the broader legal case proceeds.