Trump’s Deportation Deals Put Refugees in Peril

Credit: Leonardo Fernandez Viloria/Reuters via Gallo Images

Thousands of Afghans who fled to the USA when the Taliban took over in August 2021 now face the prospect of deportation to countries they’ve never been to. People who risked everything to escape persecution, often because they helped US forces, now find themselves treated as unwanted cargo under the Trump administration’s anti-migration policy.

Trump’s expanded deportation programme targets an estimated 10 million foreign-born people who live in the USA but lack proper legal documentation. This includes people who entered the country without authorisation, whose visas have expired, who’ve had their asylum claims denied, whose temporary protected status has lapsed, or whose legal status has been revoked or suspended. Within a hundred days of Trump’s inauguration, Immigration and Customs Enforcement (ICE) had arrested over 66,000 people and removed over 65,000. Some 200,000 had been deported by August.

But the Trump administration isn’t simply removing undocumented immigrants to their countries of origin. It’s increasingly embracing a particularly cruel tactic: dumping people in distant countries they’ve no connection with. This deportation strategy shows how the US government is willing to flout basic humanitarian principles in pursuit of political goals.

The government has invoked an obscure immigration law to deport people to other countries, offering financial incentives or applying diplomatic pressure to compel states to accept US deportees. Around a dozen have recently accepted such deals, including Costa Rica, El Salvador, Guatemala, Honduras and Paraguay in the Americas, and Eswatini, Rwanda, South Sudan and Uganda in Africa. This geographic spread dispels any pretence that the policy is about returning people to transit countries: it’s about finding anyone willing to accept money in exchange for unwanted human cargo.

The programme is nakedly transactional, with rewards taking the form of direct payments, trade concessions, sanctions relief and diplomatic benefits. Uganda signed a formal agreement with the US government amid US sanctions on government officials, suggesting it traded migrant acceptance for improved diplomatic relations and potential sanctions relief. Rwanda’s deal coincided with US-brokered talks over the Democratic Republic of the Congo conflict, indicating that the deportation agreement was being leveraged in unrelated diplomatic negotiations. It’s highly unlikely the US government will criticise the human rights records of repressive states such as El Salvador, Eswatini and Rwanda now it’s struck migration management deals with them.

Human rights flouted

Although the USA has a long history of outsourcing asylum processing, these practices have been taken to another level under Trump. The administration is prepared to deport people to war zones, authoritarian states and directly to prison. These arrangements violate core principles of international law, including the right to seek asylum and the prohibition against returning people to places where they’ll face danger.

A particularly shocking example involves Venezuelan deportees sent to El Salvador’s Terrorism Confinement Centre, an overcrowded jail notorious for human rights abuses. In March, the US government accused 238 Venezuelan men of being gang members based on little more than tattoos and fashion choices to justify their expedited removal to this hellish facility. The administration agreed to pay El Salvador US$6 million to house deportees, effectively buying prison space for people whose only crime was seeking safety in the USA. These deportees were later returned to Venezuela as part of a prisoner swap, raising further questions about the use of migrants as diplomatic pawns.

Trump’s approach isn’t limited to recent arrivals. Unlike previous policies focused on border enforcement, it targets longtime residents – people who’ve spent years building families, careers and community ties.

This has sparked unprecedented resistance. People have mobilised in ways that transcend traditional political divides, with teachers protecting students’ families, employers refusing to cooperate with raids, religious leaders offering sanctuary and neighbourhoods forming mutual aid networks and early warning systems.

In response to ramped-up ICE raids seeking to fulfil arrest quotas of 3,000 people a day, people have protested in cities across the USA. Resistance has been particularly intense in sanctuary cities such as Boston, Chicago, Los Angeles, New York and San Francisco – primary targets for federal operations to arrest migrants. Civil society activists have confronted ICE agents, blocked deportation vehicles, protested at airports and launched boycott campaigns against companies profiting from deportations.

The scale of resistance has prompted an unprecedented federal military intervention, with the government illegally deploying over 4,000 national guard troops and 700 marines to Los Angeles.

A choice to be made

Trump’s policies are legitimising xenophobia and racism, poisoning political discourse and polarising society. When it’s the world’s most powerful democracy that treats refugees as tradeable commodities, it sends an unmistakable signal to all the world’s authoritarian leaders: human rights are negotiable.

The USA faces a choice between two different versions of itself. It can continue down the path of transactional cruelty, treating human beings as problems to be exported, empowering authoritarian regimes and undermining international law. Or it can fulfil its humanitarian and human rights obligations, provide safe and legal pathways for migration and help address the root causes that force people to flee their homes.

The USA must suspend all offshore migration management agreements, stop deporting asylum seekers to unsafe countries and countries they have no connection with and restore the principle that seeking safety isn’t a crime but a fundamental human right.

Author: Inés M. Pousadela is CIVICUS Senior Research Advisor, co-director and writer for  CIVICUS Lens and co-author of the State of Civil Society Report.