UN Experts: US Deportation Agreements Violate Non-Refoulement, Warn of Rights Abuses

• UN experts warn that US deportations to third countries are causing a "cascade" of human rights violations.
• These agreements, signed since January 2025 by the Trump administration, breach the customary international law principle of non-refoulement.
• Over 20 independent experts identified risks including arbitrary detention, torture, slavery, trafficking, and enforced disappearance for at least 23,000 deportees.
• Receiving countries often lack essential infrastructure and are themselves conflict-ridden, placing vulnerable migrants at deadly risk.
• Experts stressed that states aiding such actions, and UN agencies participating, could face international responsibility or complicity.

A state that knowingly aids or assists another state in conduct that violates non-refoulement or other human rights obligations may itself incur international responsibility.

Independent United Nations experts have issued a grave warning regarding the United States' practice of deporting thousands of individuals to third countries, asserting that these actions are precipitating a "cascade" of human rights violations. The experts, comprising more than 20 specialists including special rapporteurs on migrants' rights and on human rights while countering terrorism, highlighted a range of potential abuses. These include arbitrary detention, slavery, trafficking, torture, ill-treatment, and enforced disappearance, all stemming from the agreements Washington has forged.

These controversial US deportation agreements have been in place since President Donald Trump assumed office in January 2025. Under these arrangements, the United States has partnered with various developing nations to accept migrants who cannot legally be returned to their countries of origin. The experts underscored that these pacts significantly elevate the risks of severe human rights infringements for those being deported.

A central concern raised by the UN experts is that these deportation agreements directly contravene the customary international law principle of non-refoulement. This principle prohibits states from returning individuals to countries where they would face a substantial risk of persecution, torture, or other grave human rights violations. The United States has reportedly entered into such agreements with over 35 countries, including nations like Burundi, the Central African Republic, the Democratic Republic of Congo, Libya, and South Sudan.

The scale of these deportations is substantial, with at least 23,000 individuals having been sent to countries other than their own. An investigation conducted by the nonprofit Forbidden Stories and an international consortium of journalists last week indicated an even higher figure, exceeding 25,000 by the end of August. The experts emphasized that many deportees are being sent to territories where they possess no personal ties, potentially exacerbating the very harms that compelled them to seek refuge in the United States. Furthermore, individuals face heightened risks of violence or discrimination based on their gender, sexual orientation, gender identity, or their engagement in human rights advocacy upon arrival in these unfamiliar destinations.

The experts detailed the dire conditions awaiting many deportees, noting that numerous receiving countries lack the fundamental infrastructure necessary to protect and support them. This includes an absence of asylum processing systems, adequate protective holding facilities, sufficient health and medical services, or viable options for sustainable reintegration into society. Compounding these challenges, many of these third countries are themselves embroiled in conflict, with their own populations grappling with displacement, starvation, and debilitating poverty.

The consequences of these US human rights violations deportations can be lethal, particularly for individuals in extremely vulnerable situations. Those identified as being at gravest risk include children, women, persons with disabilities, victims of trafficking, LGBT persons, human rights defenders, and stateless individuals. The affected population encompasses asylum-seekers and migrants at various stages of their immigration processes, all of whom face potentially devastating outcomes. The experts explicitly notified both the United States and the other governments involved about these critical concerns.

The UN experts firmly asserted that "cooperation does not dilute responsibility," highlighting the international legal implications for all parties involved. They warned that any state knowingly providing aid or assistance to another state in conduct that violates non-refoulement or other human rights obligations may itself incur international responsibility. This underscores a significant legal risk for countries participating in these US deportation agreements.

Furthermore, the experts extended their warnings to United Nations agencies that assist refugees and migrants, such as the International Organization for Migration. They stressed that the engagement of these agencies must never serve to legitimize arrangements that expose individuals to refoulement or other severe human rights violations. They cautioned that participation in measures leading to rights violations could, in certain circumstances, amount to complicity. It is important to note that while these experts are appointed by the UN Human Rights Council, their statements do not represent the official position of the United Nations itself.

This development highlights increased legal risks for individuals facing US deportation to third countries, providing grounds for immigration lawyers to challenge such actions based on non-refoulement and human rights violations. It also warns states and organizations of potential international responsibility and complicity for participating in arrangements that facilitate these abuses.

Source: Original reporting via AFP