“Deportation in 6 Hours”: Critics Slam US Over Safety and Transparency Gaps

US Faces Backlash Over Fast-Track Deportation Plan With Limited Notice and Safety Guarantees.

The US Immigration and Customs Enforcement (ICE) is set to implement a new deportation policy allowing removal of migrants with as little as six hours’ notice, even to third countries that offer no formal assurances of safety, according to a report by The Washington Post. The move has sparked intense criticism from immigration advocates and legal experts, who warn that it could expose thousands to persecution or torture.

The policy shift follows a US Supreme Court ruling last month, which lifted a lower court’s order requiring the government to provide advance written notice to migrants before deporting them to “alternative” countries. The ruling effectively cleared the way for rapid removals without diplomatic guarantees from the receiving nations.

What the Policy Entails
A memo circulated by ICE Acting Director Todd Lyons outlines that migrants may be deported to third countries within 24 hours, and in urgent cases—termed “exigent circumstances”—with just six hours’ notice. For deportations to countries where the US has diplomatic assurances, the removals can happen without any prior notice to the individual.

The policy marks a major departure from previous practices, under which deportation to third countries was rare and typically involved some level of prior communication and legal process.

Among those at risk are individuals from countries like China, Cuba, or Guatemala, where diplomatic relations with the US may be strained or where deportees could face persecution, retaliation, or even violence upon arrival.

Legal and Human Rights Concerns
Immigration lawyers and rights advocates have strongly condemned the policy, saying it bypasses due process and endangers vulnerable people—many of whom have lived in the US for years with work permits and family ties.

“It puts thousands of lives at risk of persecution and torture,” said Trina Realmuto, executive director of the National Immigration Litigation Alliance, which is challenging the Supreme Court’s ruling.

Simon Sandoval-Moshenberg, an immigration attorney involved in related litigation, said the policy could harm “thousands upon thousands” who believed they were no longer at risk of deportation.

A previous lawsuit cited by advocates included the case of a Guatemalan man deported to Mexico, where he was kidnapped and sexually assaulted after his removal.

Although a lower court had ordered the government in March to provide at least 10 days’ written notice before deporting migrants to third countries, the Supreme Court paused that decision on June 23, allowing the policy to proceed. The court offered no explanation for its ruling. Justice Sonia Sotomayor, dissenting, criticized the decision for ignoring the life-threatening stakes.

“In matters of life and death, it is best to proceed with caution,” she wrote. “The Government took the opposite approach.”

ICE’s Internal Guidance
According to the ICE memo, based on guidance issued by Homeland Security Secretary Kristi L. Noem, deportations can proceed based on State Department-verified assurances. Deportees won’t be asked whether they fear return to the third country unless they proactively express concern.

If a person raises such fears within the 24-hour period, they will undergo a rapid screening under federal humanitarian laws and the Convention Against Torture, which the US ratified in 1994. These screenings are expected to be completed within 24 hours to determine whether further legal proceedings or protections are warranted.

Wider Implications
Critics argue that the speed of removals leaves migrants without meaningful opportunity to seek legal counsel or challenge the decision. The policy also puts pressure on legal systems and advocacy groups to respond swiftly—often without access to detainees or time to gather evidence.

The Biden administration has not commented directly on the specifics of the ICE memo, though the broader policy direction aligns with increasing efforts to expedite immigration enforcement amid political pressure over border control.