The Trump Administration has started sending some migrants to third countries. There is little transparency around these operations, but so far, the deportees seem to be people who arrived recently at the Southern border. Regardless of their nationality or potential fear of persecution, the U.S. government is sending some migrants to third countries, such as Mexico, Guatemala, El Salvador, Honduras, Costa Rica, and Panama. In most cases, the returned migrants are then sent back to their home country, but in some cases, the third countries seem willing to hold (and perhaps detain) deported migrants, at least for a while.
Could the Administration apply this same strategy to people who have been granted Withholding of Removal (WOR) or protection under the Convention Against Torture (CAT) ?
The first thing to know is that people who have been granted WOR or CAT have been ordered deported from the United States. That deportation order is “withheld” or “deferred” as to the home country where the person demonstrates a likelihood of persecution or torture. In other words, anyone who has WOR or CAT has been ordered deported from the U.S. They just cannot be sent back to the specific country where they fear harm.
In the past, a grant of WOR or CAT basically meant you could stay in the U.S. indefinitely, since no other countries were willing to accept non-citizens on a permanent basis, and so there was nowhere for the U.S. to send WOR and CAT grantees.
Whether that has changed or not, we do not yet know. Although Mexico and several Central American countries have agreed to accept certain migrants who are not their citizens, we do not know whether these countries would be willing to accept such people on a permanent basis, or whether they would accept deportees with criminal convictions (there are many reasons why a person might get WOR or CAT instead of asylum, but one reason is that the person has a criminal conviction which makes him ineligible for asylum).
Assuming a third country is willing to accept them, can the U.S. legally deport WOR and CAT grantees to that country?
The National Immigration Litigation Alliance (NILA) and several other non-profits have prepared a practice advisory on this question. The first Trump Administration took the position that the government would not deport people with WOR or CAT to a third country “until after the individual receives meaningful notice of the pending deportation and an opportunity to assert a fear-based claim against removal to that third country.” In other words, under Trump-1, WOR and CAT grantees would not be removed to a third country without proper notice and an opportunity to defend against deportation by showing that they would face persecution in the third country (or, presumably, if the third country would send them back to their home country).
However, DHS “has no written policy to provide noncitizens either with notice or an opportunity to present a fear-based claim before DHS deports them to a third country where they face persecution and/or torture.” According to NILA, the absence of such a policy is “particularly concerning given the administration’s stated intention to pressure third countries to accept noncitizens ordered deported from the United States.” Put another way, NILA and the other advocacy groups fear that deporting WOR and CAT grantees to a third country may be a possibility, and the non-citizens–especially if already detained–may be informed of an imminent third-country removal with little advanced notice.
What can WOR and CAT grantees do to protect themselves? NILA has a few suggestions (see the practice advisory for more details):
- For people currently in removal proceedings, one option is to list on the I-589 asylum form all countries where the person fears persecution. This information can also be submitted into the record through testimony.
- For detained individuals, you can inform DHS in writing of all countries where you fear removal and “demand a stay of removal and reopening if DHS intends to deport [you] to any of the identified countries.”
- If DHS has indicated an intention to deport you to a third country where you fear harm, “it may be necessary to file an emergency motion to reopen and motion to stay removal.”
A final suggestion (my own) is to review your case with a lawyer. Maybe something has changed that would allow you to reopen your WOR or CAT case and try to get a more secure status.
In practical terms, there is no easy way to prepare in advance for deportation to a third county, especially when you have no idea where the government intends to send you. Also, for most deportees, it will be difficult to show that they face harm in a random third country. Nevertheless, it does not hurt to have a trusted family member or friend who can help contact your lawyer (or find you a lawyer) if needed and who can provide other support.
All this is quite frightening. But perhaps WOR and CAT grantees can take some comfort in the fact that there are few countries willing to accept our deportees, and so far at least, the government is not engaged in any systematic effort to target such individuals. Also, many good organizations and people are ready to challenge such removals and to preserve our country as a safe haven for those in need of protection.
Hello all,
A10 EAD application received in Jan of 2025, still no approval or new card. Curious to know if anyone else is dealing with a similar delay
EADs from “banned” countries are currently on hold, so that may be the reason for the delay. This hold is relatively new and hopefully, it will not last too long. You can check processing times at http://www.uscis.gov, and that should give you some idea of the wait time, though we do not know how long the current hold will last. Take care, Jason
Thanks as always, Jason.
I think my concern is the ban went into affect almost a year after the application was received, so I think there might be another reason? renewed yearly for the past 12 years, it never took >3 months.
I have not heard about specific reasons for delays for a-10 EADs, and so I do not know what the issue is. It may very well have been a general problem with USCIS since the Trump Administration came in. But now, things are on hold for banned country people. You may want to reach out to your Congress person to see if they can help. They probably cannot do much about the hold, but they can start making inquiries and if the hold ends, maybe they can assist. You can find their contact info if you follow the link under Resources called House of Representative or Senate. Take care, Jason
Does anyone know how long EAD cards are taking to renew for C18 category? I filed and I got my receipt notice on July 14th. My DL is been expired for months and the DDS of GA declined to renew my DL with just my receipt notice.
I don’t know, sorry, but it seems all EAD renewals are going more slowly than before. You can try to expedite the case if you are suffering severe hardship as a result of this. I wrote about expediting in general on January 29, 2020. Take care, Jason
Hi Jason- my partner wants to go to Puerto Rico for new years. I have CAT. My EAD is processing right now which means my current one is expired. Would it be okay if I fly with my expired DL. I have been flying to diff places with it recently and I have not had any issues. I just wanted to get your advice. Thanks.
I think going to Puerto Rico with CAT is a very bad idea, and there is a real risk of being detained. This was not always the case, but I have heard about people having problems returning to the mainland and I think it is not safe to do that, especially if your ID is expired. Flying domestically, as long as you have a valid REAL ID, should be ok, but I think Puerto Rico is risky. Take care, Jason
https://www.cnbc.com/2025/12/12/ice-deportation-airline-passengers-tsa.html
TSA is giving airline passenger data to ICE for deportation push.
Most people who have an ID to fly would not be subject to deportation, but some would be (for example, there was a student in the news who had a deport order but also had DACA). I think we will have to see how this develops and who is targeted. Take care, Jason
Over a year has passed….do we have any sense of who is being targeted and detained at check ins with CAT/WOR status, especially recently as many of the experiences posted here are from last year.
I don’t have a real sense of this. I have had a few clients with BIA appeals who have been called for check-ins recently. One has a criminal conviction and is from Jamaica. She checked-in a couple months ago and was allowed to leave with an ankle monitor. Another is from Afghanistan and his check-in is in a few weeks. I have also several cases of people from Afghanistan who have pending Immigration Court cases and who have been detained. We are filing habeas petitions in an effort to get them out. But the likelihood of being detained seems to have increased significantly and it is difficult to know why one person is detained and another is not. Take care, Jason
Jason,
Do you think a WOR recipient due to convictions (previous LPR) with no check-ins/ reporting requirement for 10+ years would be at risk?
I do think there is a risk, and it would be a good idea to get a copy of your file if you do not have it (you can follow the links under Resources called FOIA EOIR and FOIA USCIS to get a copy of the file). Unless country conditions have changed, you cannot be deported to your home country, but the government could try to send you to a third country. This will not be easy, as most countries will not accept people who are not their own nationals, and they are also unlikely to accept people who have a criminal conviction. However, the US government could detain you while they attempt to deport you, and you could be held for up to 6 months, or longer if you are considered a danger to the community. In some cases, you may need to file a habeas lawsuit in order to get released. While the chances of a problem are hopefully low, it may be worthwhile to talk to a lawyer to assess your situation and also to have a plan in case you are detained. Take care, Jason
Hey Joseph,
I came across this article today:
https://www.nytimes.com/2025/12/12/us/politics/immigration-tsa-passenger-data.html?unlocked_article_code=1.8E8.SJwl.aq0OvYNtN1Tt&smid=nytcore-ios-share
It sounds like TSA will share data with immigration enforcement. I think this will mostly affect people with a removal order who are still here in some capacitiy, such as TPS, that allows them to get documents needed to board a plane. But we will need to see how it is implemented and who is targeted. Take care, Jason
Some of the ICE offices are sending out G-56 call in letters to get people whose check in dates are too far in the future to come in earlier.
Long story short , on the **oct 25 I went to my check in to the San Antonio Tx ice office , everything was looking normal , but at the time I was called by the officer , without telling me to much he handed me a copy with an address in Austin tx he told me that that was going to be my new check in location the new check in date was just one month later ** November 25, I work for a company that required me to travel out of the state for 8 months so I was not going to be in town for the check in date , I decided to go the next day after S A tx ice visit, to my surprise it was not an actual ice office, it was mor like a prisión it was the ICE headquarters , the place were they bring all the people they captured during the raids to be deported , I went to this super secured door an talked to a security about my business there he called an ice officer , I explained to the officer what’s sup that I was in need to the check in to be transferred to the city I was going to be for 8 months or extended the next check in to 1 year so I could be back in time for the next check in , that officer was really cool he asked me to wait for a few minutes but the reality I waited more that 30 min 3 times different officers came to ask me the same questions in the last time one white officer I suppose it was the boss of all other officers came outside with a really not happy attitude asking me the same questions as the other officers , he walked back in and after 5 min came out telling me this “ I was about to detain you but you have CAT withholding of removal “ he was upset , told me just give me an address were you moving so I can transfer you check in to that office on december 25 in a mean way , the point is that I don’t really trust on that he did what he said , so I was considering show up sooner before the date he told me because I didn’t receive notice thru email or text messages as usual, im not happy about not knowing if I’ll be detained if I show up , please help me , what you suggest. To show up or not show up in on CAT Withholding of removal , thanks.
The government is trying to deport some CAT people to third countries, and so I think that is the risk. I wrote about this on March 12, 2025. That article contains some suggestions about what you can do to try to protect yourself, but the main thing would be to talk with a lawyer who has experience with immigration detention and habeas corpus cases. Whether a particular individual gets detained seems very arbitrary and so it is difficult to predict in advance whether you will be detained at one of these check-ins. Unfortunately, that puts everyone with CAT and Withholding of Removal in a very difficult position. If you can prepare in advance for possible detention and to defend yourself from deportation to a third country, that is probably the most you can do. The fact that you were not detained during your prior trip to their office is maybe a hopeful sign, but we just don’t know for sure. Take care, Jason
O,
Which country are you from?
O, which country are you from?
Check in on Christmas day does not sound right….
Which states?
Hi M,
Can you please specify if this group is under CAT or withholding of removal?
Thanks in Advance!
If you are referring to “Some of the ICE offices are sending out G-56 call in letters to get people whose check in dates are too far in the future to come in earlier.” – this is referring to simply anyone with a check in date under I-220A or I-220B supervision.
https://www.newsweek.com/uscis-ending-work-authorization-ead-automatic-extensions-10958565
Hi Jason, I filed and received receipt notice for my A10 EAD in Jan of this year. inquired in September and haven’t heard back. It did qualify for the extension. My question is, if I don’t receive my new EAD by the extension date, Is my employment considered unlawful? I never had issues with my EAD in 10 years & very considered about how this will work out in the future. Kindly let me know your thoughts & thank you as always for your everything you do.
I believe that people with Withholding of Removal must have a valid EAD to work. I am not completely sure about this, however. For example, people with asylum status can work even without an EAD. I have not looked at this question in a while, and I did not see anything in the new rule that helps clarify the question. Since you filed before October 30, you still qualify for the automatic extension, but in the future, you will probably want to file early to renew in order to try to avoid gaps in eligibility for employment. A link to the new rule is here: https://public-inspection.federalregister.gov/2025-19702.pdf. However, it is not yet clear to me how this will affect people with Withholding of Removal or Torture Convention protection. Take care, Jason
I just came by this story. It seems his arrest was targeted and he wasn’t required to do the check ins
https://www.kare11.com/article/news/local/lawsuit-filed-concerning-somali-advocate-omar-jamals-ice-detention/89-e82f8b05-447f-4ebe-90ce-9d0251bd5857
The ICE arrests are very arbitrary and seemingly designed to terrorize immigrant communities, and so it is difficult to know who will be targeted and in what way. Take care, Jason
It appears he may have several prior convictions, including charges related to immigration fraud. If I’m not mistaken, fraud is typically treated as a very serious offense under immigration law, and he faced multiple counts.
Are there any new developments or updates on WOR or CAT?
Not that I have heard about. The main issue is that the US government is trying (and in some limited number of cases succeeding) to deport people with WOR or CAT to third countries, as discussed in the above article. This practice is continuing, but we still don’t have a good sense of how many people have been deported to third countries. Take care, Jason
As an update to MC who was detained end of August 2025. He’s from a Central American country was convicted of a non violent fraud and deceit crime considered an aggravated felony lost his green card and ordered removed about a decade or so ago got deferral of removal / CAT and an order of supervision.
He tried everything with his habeas legal arguments that have worked before other judges in other jurisdictions but in his case that they gave him some Mickey Mouse interview when notifying him that he was being processed for third country removal to Mexico defeated his due process claim. Also this judge didn’t buy his theory of that the period of maximum detention already ran out years ago after the final order of removal and pointed out that he’d been detained this year only a couple of months now versus the six month presumptive max.
Perhaps if they’re unable to remove him to Mexico soon he’ll be able to resubmit his habeas and get released.
I do think that for some citizenships they have an easier time getting a third country to accept the party than others.
I have seen some people full on win their habeas in circumstances not different from MC’s.
South American not Central actually.
The third country removals do seem very variable. I think most third countries have a limited capacity and willingness to take our deportees, and so it may become more and more difficult for us to send people to third countries. We will see. But if he cannot be sent to a third country, he would potentially be eligible for release based on the Supreme Court case Zadvydas v. Davis that does not allow the government to hold people indefinitely unless they are a danger to the community. Take care, Jason
There might be a bell curve related to attempts at third country removal.
Also a sort of priority.
I think the Trump Admin wants to remove people who are seeking but not yet received any sort of relief especially seeking asylum, at all costs, so they would be the priority for third country removal if their own countries are recalcitrant. “Arriving or recently arrived aliens.”
And then also a priority might be people convicted of violent crimes, such as were sent to South Sudan.
But over all I think the bell curve is unfortunately currently rising where they are detaining more people where third country removal is the only option, but as the capacity for acceptance as you Jason point out dwindles, plus some immigrants win their habeas and maybe a case eventually is finalized mandating due process, and as well that six month max starts becoming a factor, I think the curve will start winding downwards and we will see this attempted less.
Let’s hope so, as some of these people are then just being sent back to their own country, and the third country serves as a way around the fact that they were granted Torture Convention protection or Withholding of Removal. Take care, Jason
i wanted to update everyone with my husbands check in. he had gotten an ankle monitor put on back in august and was asked to come back for a check in a month later (which was this past Monday). After waiting for over 5 hours for his officer, he was called in and the officer said to come back in 6 months. We were so scared and nervous. i’m just so thankful he was not detained and given more than three months for his next check in date. hopefully it goes well for everyone else. i know the wait and anticipation can be so draining and stressful. wishing everyone well.
That’s great news, I happy everything went well for your husband! do you mind sharing more details about your husband? what relief your husband has (CAT or withholding), did he enter the country legally?
Good news for now.
Best wishes.
The Iranian Maryland man (WOR recipient) was released it looks like: https://www.newsweek.com/green-card-holder-released-ice-77-days-reza-zavvar-2131304
That’s great news. I read that earlier and I’m so happy for him and his family. I couldn’t find out how he was able to get released. Do you think his lawyers filled a Habeas or what?
I never pulled the actual filings but I saw a record of them and yes, habeas got Mr. Zavvar out. Also his conviction was so old that mandatory detention did not apply, not to mention that the conviction had already been adjudicated via the original proceedings that got him the withholding of removal relief.
Probably all Iranians who have achieved withholding of removal / deferral of removal / CAT relief based it on some kind of risk of persecution at the hands of the Islamic Republic, such that it would be a given that they oppose the current Iranian government, and would be friends of the U.S.
The effort to detain Iranians because we do not like their government was/is pretty awful. Most Iranians in the US go not support their government at all, and many are here because they fear that government will harm them. Take care, Jason
From another forum, tldr: WOR recipient for 20 years. No criminal record, successfully re-opened proceedings in May only to be detained during I130 interview.
My sister arrived in the United States in November 2000 at the age of 18, entering under a valid tourist visa accompanied by my parents. Within the first year, the family prepared to apply for asylum due to escalating violence in our country, including an attempt on my father’s life. Unfortunately, the asylum application was submitted one day past the statutory deadline, rendering it ineligible for consideration. However, due to the seriousness and credibility of the case, the Immigration Judge granted withholding of removal. In November 2004, the Judge ordered a new removal but it got reviewed again and issued a new order reaffirming protection by granting a subsequent withholding of removal.
In May 2025, the Judge initiated proceedings to reopen the case for the purpose of administratively closing it. However, the process could not be completed because approval of the Form I-130, Petition for Alien Relative, was still pending. This application was initiated by her husband 2 years ago. The USCIS appointment was finally scheduled to address the I-130 application, which is a required step before the case can be formally closed. Unfortunately, during the interview, she was detained by ICE.
The I-130 paperwork was filed, and the petition was granted while she was in custody. Now she is in Louisiana, and I do not know if that will even be taken into consideration to at least give her a chance. Her Attorney already started the filing with the judge to dismiss the case, but with all the disinformation I am getting from many sources, including Homeland, I do not know if she will be here when the case makes it to the Judge.
Jason, it seems like this is the only path to adjust from WOR. Approved I-130 & re-opening the case. Do you think in this case, this person was detained due to going to the interview while in proceedings? Would filing a motion to re-open after the approval of the I-130 and not before lower the risk? or does it not really even matter. If someone with no prior criminal history is going through this, one with any crimes on their record would probably not have a chance.
Maybe maybe not.
Most with withholding / deferral of removal CAT status who do nothing and just go to check ins even with criminal record nothing bad happens.
It does seem that just trying to get an I-130 granted sometimes leads to detention. Perhaps for those with I-130 already granted and now moving forward with I-485 / I-601 there would be no detention. T
Perhaps what led to her detention was that she was trying to reopen her case.
I agree that reopening the case was probably the reason, you’re putting yourself back in proceedings and until resolved you don’t have the relief of WOR.
“Most with withholding / deferral of removal CAT status who do nothing and just go to check ins even with criminal record nothing bad happens.” – I don’t this we can say “Most” with certainty. There are many examples of individuals getting detained during check-ins including in this thread as you know.
I am starting to think that it varies by state more than people think. Everyone says “every case is individualized” but there has to be some correlation between the outcomes and specific details regarding the individual (Country of origin, exact relief granted, duration in the country, nature of crime if any etc). To your point, It might still be best to do nothing for now but then again you remain at risk of constantly changing laws and likely becoming a target.
WOR is technically an order of removal that has been withheld as to the home country. The government can deport people to any other country that will take them. I am a little surprised that the person was detained in this instance, since she did have WOR. If she only had a deportation order, then the detention would not be surprising. At this point, she can still try to reopen the case and have the removal order canceled. She can then try to get the case dismissed, or maybe she will have to adjust status (get the GC) in court. Depending on what the government is trying to do, she may also need to file a habeas corpus petition to stop any third country removal. I think filing a motion to reopen before the I-130 interview would not have made any difference, unless the court actually reopened the case. I doubt the court would do that unless the I-130 had already been approved, but she could have tried. In terms of crimes, if the WOR person has convictions, I think that would increase the risk of being detained and being deported to a third country (though many third countries will not accept a person who has criminal convictions). Take care, Jason
It could also be simply that she overstayed her tourist visa and was at least for a period of time in illegal status? That’s all it takes sometimes to trigger a detention with this administration when they just zero in on that and ignore the subsequent withholding order.
Please see this case:
https://immigrationlitigation.org/nila-and-florence-project-win-ninth-circuit-appeal-implicating-third-country-removals/
It is a positive decision and may help to reduce the risk of third country deportations, at least within the jurisdiction of the Ninth Circuit (assuming it is not overturned by the Supreme Court). I think the biggest difficulty for third country removals is that not enough countries will be willing to take our deportees. Hopefully, this policy will soon be abandoned and the government will stop trying to send people to third countries, if not because it is immoral, maybe because it is not very practical. Take care, Jason
It’s difficult to know, as there does not seem to be a coherent policy about who gets detained. My thought is that the lack of criteria is part of the point. They hope to terrorize people into leaving the country. Take care, Jason
People with CAT/Withholding of Removal sent to Ghana only to be sent back to their home countries from there:
https://storage.courtlistener.com/recap/gov.uscourts.dcd.284773/gov.uscourts.dcd.284773.1.0.pdf
This is one of the big worries about third country removals – that the third country will simply be used as a staging ground to send people (illegally) back to their country. Hopefully, the various lawsuits will help bring an end to the practice of sending people to third countries, and evidence that deportees are then sent on to their home countries may help give more traction to these cases. Take care, Jason
Third country removals will prove to be pyrrhic “victories,” and eventually be set aside except perhaps for the truly “worst of the worst.”
“This is one of the big worries about third country removals – that the third country will simply be used as a staging ground to send people (illegally) back to their country. ”
Anyone who is notified of a third country removal should include fear of refoulement in the list of reasons why should not be removed to that country.
I can tell you with absolute certainty this blog it is monitored by DHS from long time ago when someone have aggressively commented on one of my posts.
About 12 years ago. It was a clear outburst of an obfuscated “watcher”.
With today super advanced available technology, no one should be surprised.
I was born in a brutal totalitarian communist regime under permanent government oppression.
Nothing new for me. The technique and the methods
are much different but in the end they are serving the same scope. Complete submission.
My advice to all of you regardless of your status is to keep believing and fighting for your God given right to be free.
Myself I’m under WOR from 14 years ago, getting ready for my upcoming check-in.
I have a history of past working relationship with the US government as an intelligence asset during the Balkan war. My work was personally acknowledged by high rank government officials during President Clinton administration.
Despite of havig that past connection, living in the US for almost 3 decades, having a spouse and 4 kids all US citizens, I130 approved from19 years ago, the WOR is not going to protect me anymore.
For fear of being found by foreign intelligence bad actors (very active on the US soil) I have applied for political asylum 10 years after arriving in US – without inspection. This is the reason I have the WOR status.
I’m in a terminal stage of prostate cancer and severally permanent disability due to an catastrophic work accident from 6 years ago.
I’m reporting to one of the most brutal ERO office in the nation. If I’ll have to face detention, most probably I’ll not survive.
What country is willing to accept someone like me?
I’m not giving up. I’m still hopeful and optimistic.
My family is aware of this blog, and they have special instructions to post my story in case of an unfortunate event.
Take care of yourselves and your families.
Mike.
In many cases, ICE will not detain people who have health issues, especially where they do not have a criminal record. You may want to have an attorney go with you to the check-in, as they may be better able to advocate for you when you go. At a minimum, bring good evidence of your health issues, family connections, and your old asylum case, and maybe those things will help you avoid detention. Good luck, Jason
Announcement !!!
I have decided to disconnect myself from this blog and from this website. This is my last post and I will not be visiting this blog and this website anymore. It has nothing to do with Jason.
Anyone with a fake name and an email address can post anything here. I started to suspect a few months ago. I think there are bad actors here, somehow they discovered this blog and the website to inject fear and worry to the immigrant community. For my own mental and physical well-being I have decided to disconnect myself from here.
I wish you all the best and I hope we will put these dark days behind us one day. I want to thank Jason for his time and effort to provide valuable information and response to all messages. God bless you all.
“I think there are bad actors here, somehow they discovered this blog and the website to inject fear and worry to the immigrant community.”
Like what?
I see no examples of posts like that.
I came across this blog, am personally put off at what the government has been doing to people this year, and decided to start posting, figured that maybe something I read here could help my client if gets in a situation where help is needed.
Burying your head in the sand is another approach, not one I would suggest though.
I basically want to bury my head in the sand every day…
I am sorry for you to leave. I think it is the same here as any other free online site, where bad actors can post things, and it is up to the readers to use their judgment. If I see posts that are particularly offensive or that don’t contribute to the discussion, I will continue to remove those, or if I see info that is inaccurate, I will try to respond. That said, I think each person needs to make their own decision about what media to follow and what is not helpful, and so I wish you best of luck and thank you for your past contributions. Take care, Jason
Hi everyone, I’ve been living in the US since 2005 and was granted withholding of removal s since 2017. I have been following this thread since it started. I know we’re all worried and anxiou. Living in this kind of uncertainty takes a real toll on our mental and physical health. Many of us have deep family roots here in the U.S., with children and spouses who depend on us, and no real place elsewhere in the world to restart our lives.
From what I’ve seen, every case is unique, and with things changing so quickly, it’s hard to know what to expect. That’s why I think it could be really helpful if we had a way to support each other — maybe by checking in once a weekend to make sure we are all still safe, sharing updates in case we get any letters in the mail or updates on how checkins went, and making sure we’re all okay. I think it would be a great idea if we could either somehow do it here or on some platform where we could checkin on each other.
Hello JA,
welcome to the blog.
When was your last check-in and how long you were given?
Which state and city are you checking-in with ICE?
Any criminal convictions before and after granted WOR?
How did you enter to the country (US)?
Thank you in advance.
I report yearly my last check-in was 6 months ago “February” and it seemed like the regular they just asked alot more questions about where I work and if I have any relatives in my home country and then told me to come in next year. I have a marriage fraud charge from 5 years before being granted the withholding but nothing after than I live in New Orleans. I’ve been hearing rumors that they have been sending letters to individuals granted withholding of removal asking them to report to the ice field office and bring their passport with them. Has anyone heard ot experience anything like this?
I don’t have much info about that, but I have heard about it as well. Some people just received ankle bracelets, but some people have been detained. I have not seen any real data on this, and so it is very difficult to know who is being detained. I do think anyone with such a check-in should prepare for the worst and make sure they have a plan in the event they are detained. Take care, Jason
Looks like MC left this blog, read his August 25th comment, responding to Jason. Looks like he was offended.
I doubt that, and MC posted again at length on August 26th.
Has anyone heard from MC? I hope all went well with him.
People on this blog who have ICE check ins should give their names and A numbers to Jason, who could then look them up if they disappear, and reveal confidentiality something about what is happening.
I agree 100% but I also can’t speak for Jason. Alternatively we can also use a different method of communication to not burden him.
MC is pretty active here and updated us less than 24 hours after his check-in in the past. This is worrisome.
For whatever reason, people don’t want to post details about exactly why they are in this status, even on an anonymous blog.
-what country from
-how long ago arrived in the U.S.
-what age arrived
-what age now
-arrived in what status
-arrived legally with inspection?
-what status was in when got the withholding / deferral / CAT relief
-what age / how long ago got the withholding / deferral / CAT relief
-what criminal record and dates
-Aggravated felonies?
-Particularly serious crimes?
-any new criminal activity since withholding / deferral / CAT relief granted
-Any pending I-130 / I-485 – I-601 waiver action
-During supervision, what kind of supervision? CART, ankle bracelet, ISAP?
-What city and state are check ins?
-How frequent have the check ins been in past? How frequent now?
Maybe with all of those details we could put together something to figure out who is being detained, likely to be detained, and why some appear to be left alone entirely.
I looked over MC’s posts and other than saying he was granted deferral of removal / CAT and is apparently checking in in Indianapolis, don’t know much about him. Can guess his age as older in that he has all these surgeries pending.
We do know that they tried to ankle bracelet him, and then gave him ISAP instead. Whether that is an indication of future detention we don’t know for sure. Who knows, maybe the fact that he fought them on the ankle bracelet annoyed them to where they made him a target. With this administration anything is possible.
It would be great if MC is simply on a Labor Day Weekend trip with his family and off the internet grid. One may hope.
I went through all the posts from this blog. There is one that has a full name that corresponds with MC. The details listed are identical to his. After an internet search with that name and Indiana, I came across a matching mugshot from a county in Indiana that lists that name on the date of his check in and the arrest is listed as an “immigration hold”. I could be wrong( i hope to god I am) but that check in date/state and arrest date along with the name initials all align.
I am sorry to hear that. Hopefully, it is wrong and we will hear back from that person. But many people are being detained, even though there is no real place to send most of them. There are limits to the number of people who can be sent to a third country, and so if the government tries to send you to a random third country, it is important to state immediately that you have a fear or persecution and torture in that country; that would be the first step to try to fight a third country deportation. Otherwise, if ICE is just holding a person, there are limits to how long they can be held, but they might need to file a habeas corpus petition to get released. Take care, Jason
M,
While I completely agree with you, as you can see below, Jannah was able to find MC using a simple search (It’s so sad to see that he was detained). This is probably why we’re all hesitant of sharing details regarding our cases. I don’t want to risk any unnecessary attention to myself. However, we do need to figure out some line of communication. Maybe a discord, or maybe Jason can help share our emails with each other, I’m just throwing out some ideas.
I would not be able to share emails, as I really have no way of knowing who people are, and so I can’t be sure whether ICE agents are posting here (I doubt it, but you never know). It would be good if there was some national data base to collect info from different locations. I do not know of such an effort, but if I learn about anything I will certainly try to write about it here. Take care, Jason
As far as MC, he did post his name here, and anything about him is public record.
I am not going to post exact details about his situation. But the general background is:
From a central American country. Important because – right now Honduras is offering to take in up to 200 Latin American citizens from the U.S. pursuant to third country removal. Perhaps that prompted them to detain him.
Has been in the U.S. I would estimate a couple decades or so.
Was on I-220B supervision pursuant to deferral of removal / CAT for 5 – 6 years.
What he got in trouble for (about 9 years ago) leading to his deferral or removal / CAT grant, isn’t much different from what the client I represent was convicted of, white collar non violent offense, and yet MC is detained, and my client was told to just return in a year and still on the same low level CART check ins. However, my client is from a completely different country nowhere near Latin America, and has been in the U.S. since was an infant, always in legal status, just never naturalized, unfortunately.
Appears MC’s grant was due to some kind of political persecution in his home country. My client – the same. Mention only because that sort of thing would be difficult to establish as the basis for persecution in another country to which one has no ties.
During the course of his indictment, MC was a fugitive for about four months. Whether this is because he didn’t even know he had been indicted or knew and was evading, is unknown, but the fugitive status is on the record. Whether DHS knew about this or not is unclear, but if they did, could have had something to do with their having wanted to put him on stricter supervision, or may have had nothing to do with it.
Obviously from his posts here and the record I saw, MC is bright and well educated, and I am sure he will do whatever he can to avoid being sent to a third country. I am certain we will hear from him again, and I hope, after he is released in the U.S.
Clearly, if ICE wants to detain someone, having an attorney present or arguing that surgeries are imminent, will not deter them. Arguing that some sort of relief is imminent or has been applied for, does not seem to matter. I am sure MC went to his check with an attorney, proof of upcoming surgeries, mentioned that he’s trying to re-adjust status via I-130, same as he told ICE at the prior check in, and they didn’t care.
I did read about a flat out illegal alien mother in southern California who was taken by ICE at her work, and then released the same day because she had to take care of her developmentally disabled child. But, that was in a city where ICE has been relatively complacent compared to some other cities.
As far as anyone on supervision not wanting to draw attention to himself, posting details, even more details than I posted above, how would that draw attention to anyone other than to an anonymous poster? Only if the details are tied to a name would any details draw attention to you, and if your name is known to someone in the real world that person could look up anything about you anytime anyway, no more or less, than anyone reading this blog. There is no way to hide in the modern internet era.
This is not something I would be able to do. Even if I could do it, it would serve little purpose, as the sample size is too small to be meaningful. Take care, Jason
I guess what we are all trying to achieve here is create some sort of support group since it helps us to talk to people that share the same fears and anxieties. Knowing your not the only one dealing with this injustice and cruelty provides some kind of mental relief and helps you focus on the actual danger rather than be continuously terrified from it. I know this sample group is small and doesn’t necessarily reflect the full reality of what’s happening but at least is something and we are not completely in the dark.
It is very helpful to have community, but I do not have the ability to vet people and connect them by email. There are many local non-profits that provide support and community to asylum seekers and so it might be worthwhile to reach out to those. I did a post on September 22, 2016 with a link to local non-profits and maybe that would be a good starting point. Take care, Jason
Anyone with a recent check-in WOR/CAT status?
My next scheduled check-in is on Friday, the 29th. I am concerned that the situation with Abrego Garcia may be an unfavorable timing for me in relation to news regarding the revival of third-country deportations. Regardless, I extend my sympathies to him and his family. Regardless, I extend my sympathies to him and his family. It’s truly deplorable what they are doing to them.
I keep telling myself that this whole re-detention and third-country removal thing after a previous relief grant should be unlawful and prohibited if you don’t have ties, a previous residence, or nationality in the country you’re being sent to. The danger of chain refoulement is indeed real here!
It does seem like some people, including with criminal convictions, go to I-220B check ins and nothing unusual happens, just told to come back in a year.
Others are harassed and put on ankle monitors or other intensive supervision, and made to return more frequently than in the past.
The interesting thing about the Abrego Garcia case is they offered to send him to Costa Rica, which supposedly offered him refugee status or residency, if he would plead guilty and serve any sentence in the U.S. before being removed. He declined that deal, not surprising since it would involve serving time in the U.S. and then hoping that Costa Rica still maintained the offer at that time in the future!
Alternatively, they said they would send him to Uganda, which makes no sense unless he is never convicted because from what I read Uganda’s terms of acceptance for third country removals are that they will not accept anyone with a criminal record.
And now that he has been taken into ICE custody will ICE even ensure that he will show up for his court appearances because ICE is notorious for failing to deliver people to their criminal court hearings if they take them into custody during pendency of criminal actions.
I think over all the government just has a boner for Mr. Garcia and wants to get him at all costs. Mr. Garcia appeared on their radar because he was sent to a country he should not have been sent to, and the government had to eat crow and bring him back. That stuck in their craw and they won’t abide having been made to look ridiculous, and now they are out to prove that he is a bad guy and they were right all along to go after him.
MC, I assume you are a low profile nobody which is the way to be and that ICE will not take you into custody and you will be fine.
Hey M,
When was your last check-in?
“MC, I assume you are a low profile nobody which is the way to be”
Hey, that’s me! Lol. Thanks a bunch for your wishes, M!
It’s a bit of a maze here in the Midwest, but I’m keeping my chin up! I’m dealing with some mobility challenges right now after surgery, and there’s a tricky complication from a past injury (so new surgery + the 2020 surgery). I’m putting together a stay package with my attorney for Friday, in case is needed and I’m hoping it’ll help.
I am actually a lawyer (not immigration lawyer) but I have a client who is going through this (no problems, routine check in this year), and that client apparently knows close to a dozen others in the same status (all routine, no problems this year), plus I am in touch with a number of immigration attorneys across the country.
As far as this third country removal no one knows what is going to happen things change from day to day. Earlier this year one could say safely that if you were from this country nothing would happen to you but if you were from that country something might happen to you, but that sort of bet might be off these days.
Over the years I have become somewhat of an expert on immigration law even though don’t practice it. I came across this blog, am personally put off at what the government has been doing to people this year, and decided to start posting, figured that maybe something I read here could help my client if gets in a situation where help is needed.
M,
I’m an immigration paralegal and a CAT grantee myself. From the moment I read your first post, you sounded like a lawyer. It seems like it’s really an art you pick up when you spend time working with or near the system. Besides Jason, I noticed a couple of contributors who sound like they’re lawyers too!
In any case, I can certainly attest to the fact that it is not an easy task these days. Being in the position of knowing policies before they directly affect me makes it even more challenging. So, based on my experience last time, using an ICE (check-in package with an attorney present) with my current circumstances proved to be highly beneficial. It even prevented me from receiving an ankle bracelet after almost eight years of being on I-220B, with yearly check-ins and no restrictive supervision.
I’ve been exploring various avenues to secure the approval of my I-130 (I should have started this much earlier just never thought it will get to this point, even when my CAT grant was under Trump 1.0 and in Jena, LA, where relief is almost non-existent) but unfortunately, my initial expedited request was denied, and my second request is still pending. After that, I’ll need to reopen my case, file waiver petition, and apply for adjustment of status. It’s a risky process in this atmosphere but it’s the only option left for me. In the meantime, my primary focus is on supporting my family and ensuring my own well-being while maintaining my freedom. ????????
I appreciate everyone posting on here.
MC I am wishing you the best of luck for your check in and all goes well.
My husband has his next check in mid September and also we’re trying to prepare the best we can with a lawyer. Anybody check in on an ankle bracelet recently?
MC I was wondering what your stay package consisted of? Is it a preparation for an immediate habeus corpus and a TRO?
S A,
Thank you so much for your wishes! I truly appreciate them.
The package mainly consists of the CAT or WOR grantee’s current circumstances, including medical situation, hardship, compliance with the order of supervision, imminent adjustment status, and past traumas from detention. etc, I’ve included notorized affidavits and supporting evidence with this.
If the ankle monitor is causing any trouble with your husband’s activities or daily tasks, please have the ISAP case manager take a look and request a change to ISAP app check-in. Alternatively, you could ask the ICE agent about this change during your next appointment.
You might also have an application for a stay or deportation ready, or your attorney could have one. https://www.ice.gov/doclib/forms/i246.pdf
It’s a bit tricky imo because the supervision order he already had is actually a “stay” itself, and the new one can be expensive. I’ve included a link for you to check out above. Talk with your attorney about this as a possibility.
if the situation gets tough and re-detention is likely (we hope it does not happen) please have your attorney to have an “Articulation letter to DHS expressing fear of deportation to countries not designated by an IJ.”
Here is the link: https://immigrationlitigation.org/wp-content/uploads/2025/01/Template-Letter-to-DHS-Re-3rd-Country-Deportation.doc
Thanks
MC
Hello SA,
Everything go ok with the check in?
I particularly agree with the second-to-last paragraph. I can’t say I agree that MC is a nobody, but on the other hand, nobody’s perfect. Take care, Jason
Jason,
I think he was just implying that the government doesn’t have a personal grudge against me for my next check-in, like they do with Abrego Garcia. I don’t believe that M knows me at all to have a personal opinion about me, let alone to refer to me as “nobody.”
You lost me with the “nobody’s perfect” part…and I’m not sure if you were referring to my paragraph or M’s.
Sorry, it’s just a saying – Nobody is perfect. But if you are a nobody, that makes you perfect. I guess if you have to explain the joke, it is better to stop talking…
With Albrego Garcia obviously the government is uncertain that they will ever get a conviction on him for that weak alien smuggling case, so they are trying to remove him to a third country before the criminal case proceeds.
Abrego released as the government experiences major egg on its face.
The government has been consistently lying about him for months. If they wanted to deport him, they could have done that a long time ago (he already agree to go to Costa Rica and they agreed to take him). I doubt they will end their attack on him, but it is a victory for him and for the rule of law, at least or now. Take care, Jason
I think the basic principle – that countries should share the burden (to the extent that it is a burden) of asylum seekers – is reasonable, but the implementation is clearly not reasonable. In the case of Abrego Garcia, it is extremely vindictive and unjust, and when the weight of the federal government is directed at one individual in this type of vendetta, it is very difficult for him to defend himself. I think all Americans have reason to fear when the government is willing to weaponize the law in this manner to harm an individual. Take care, Jason
Wishing you all the best today MC. I hope all goes well!
How was your check-in?
Hi MC,
How was your check-in?
This is an update on my husbands check in yesterday in LA. We got there at 8am and my husband went in with his lawyer. A little background my husband was granted WOR in 2012 and has been checking in with ICE every year. He has not been in trouble ever since. After 4 hours of waiting he was not detained but given an ankle monitor and was told to come back next month. I am so relieved they did not detain him but i am so confused as to why they put the ankle monitor on him. The officer gave little to none information as to why. Our concern now is to what should we expect or prepare for our next check in? it’s still a really scary moment and we’re dreading the next check in date. Also if anyone has check in experiences they would like to share, i’d love to hear more. Thank you.
S A,
Every ICE office is managing different scenarios, and California is not the best place for immigration enforcement right now. I don’t think anyone here could provide an exact reason for putting your husband on ankle monitor.
For instance, here in the Midwest, three months ago, in my appointment they informed me that they would place me on an ankle monitor with ISAP (ICE intensive supervision that manages their monitors and more). However, I had a scheduled surgery and MRI, so they opted to place me on ISAP but required check-ins via the app, home visits, and virtual visits. This decision was made despite my long history of CAT status and the absence of any intensive supervision or any condition broken in the order of supervision.
Some attorneys have suggested that they might be paving the way for a re-detention, but they haven’t made any final decisions yet. They want to keep you close by just in case. In my opinion, one thing is certain: one-month and three-month appointments are not a healthy way to live emotionally and psychologically in these circumstances.
My appointment is scheduled for the end of August, and I’m experiencing a lot of anguish, stress, and emotional exhaustion. Nevertheless, I refuse to give up. I have a wife and three children who depend on me.
I’m sending good vibes and hoping everyone copes well with this situation, just like we’ve been through before!
MC
Well said. The psychological terror is obviously part of their plan. It is very sad. I wish you best of luck. Take care, Jason
Apparently ICE is using a lot more ankle bracelets, and so I think this is common. It is very frightening and a total waste of resources to keep harassing people like this. Hopefully, at some point, the Administration will declare victory and ease up a bit, but at this point, with lots of money coming in to ICE, that does not seem likely. Anyway, it is a good sign that he was not detained and hopefully, that will remain the case. Take care, Jason
As I wrote before,
There are people in southern CA who were granted deferral / CAT who have recently checked in for supervision still maintained on CART, still checking in only once a year with next check ins still one year away, in 2026. These are people who have lived continuously in the U.S. for many decades.
so the frequency of check ins and restrictions imposed in California might depend on the city (maybe the administration trying to make a point in L.A.) or might depend on the circumstances of the individual’s case.
I did read a memo dated June 9th that ICE was going to impose more ankle bracelets on immigrants to ensure that they show up for imm court but people on I-220B supervisions are generally done with court.
Probably if this administration had its way everyone not in current legal status would be removed or detained but obviously that is not feasible and is not going to happen.
To clarify previous statement, immigration courts started granting WOR after the Refugee Act that was enacted in 1980. That could make sense when it’s mentioned that “people who have lived continuously in the U.S. for many decades.” However, CAT reliefs, (CAT WOR or DCAT) Immigration courts began granting in 1999, only one year after the Foreign Affairs Reform and Restructuring Act of 1998 (FARRA). That would be just over a decade for this status.
To be honest, I don’t believe this is the most crucial factor they’re considering!
In my opinion, the shift to ISAP broader policy, including ankle monitors, theoretically reflects a move to closely monitor these individuals to ensure compliance with check-ins (which they had before) and facilitate their potential removal to third countries if feasible. It’s simply policy changes implemented by this administration. Under previous administrations, CAT/WOR grantees were often placed on annual check-ins, as their removal was unlikely due to country-specific protections. The 2025 directive reverses this leniency, ironically, because I don’t believe it is leniency. This aligns with the increased pressure to meet deportation quotas. This contradicts what other commentators mentioned earlier, who were given a yearly check-in again but no ISAP supervision upgrade. So, yes it’s indeed challenging to predict.
I believe the outcome is determined by the specific circumstances and factors involved. I’ve mentioned this multiple times here. Otherwise, there wouldn’t be such a significant disparity in the results after ICE appointments (detained, non-detained, one-month appointment, three-month appointment, yearly appointment). That’s why it’s crucial to present your specific circumstances to ICE promptly. Sadly, it’s what it is now, whether it makes sense or not!
Hello S A,
does your husband has any criminal convictions before he granted WOR? Thank you!
SA,
That is a very different experience from some of the other reported LA check ins this year as well as others reported on this blog.
What is the country of origin?
There is just so much variation and it is truly concerning.
Sorry your family is going through this….
Thank you all for sharing your stories and support. Sending all well wishes and good luck for everyone’s next check in. I know everything is so unknown and inconsistent. My husband’s country of origin is Pakistan.
We’ve contacted so many lawyers and right. we currently have our OPLA pending but they also recommended for us to pursue a sua sponte motion. I’m curious if anyone has done that or familiar with it?
I am not sure what you mean by an “OPLA pending.” Maybe you made a request to reopen an old Immigration Court case with the Office of the Principal Legal Advisor (the prosecutor in Immigration Court)? If so, they may or may not respond. At some point, if there is no response, or if they respond and say no, you can file a motion to reopen directly with the court. It is much more likely to succeed if OPLA agrees beforehand, but these days, that is probably unlikely. The court can open the case even if OPLA opposes that, but you would need a good reason for the court to do that. I think if you cannot get OPLA to agree, you can try to reopen with the court and hopefully, you will have some luck. Take care, Jason
https://law.justia.com/cases/federal/district-courts/florida/flmdce/2:2025cv00429/442277/16/
WOR grantee since 2010 detained since April after a traffic stop. No criminal history, they’re challenging his habeas corpus petition.
There’s an interesting and persuasive (for others circuits) finding in that ruling such as:
The “6-month period’ for detention pending removal supports our conclusion that this period commences at the beginning of the removal period.” Citation omitted.
So, most likely in the 11th circuit a re-detention after relief grant is unconstitutional violating your freedom rights because it started in the first removal period not after 15 years later.
The government is definitely trying to deport WOR and CAT people to third countries. How they decide which people to target is not clear. Removing people to third countries is not easy and is expensive, and so we can hope that the numbers will be minimal, but at this point, we don’t know. Take care, Jason
Hi Jason,
Hope all is well. A lot is happening lately with immigration and it’s kind of scary these days. I have WOR and no criminal background, no one year deadline, got married to US citizen and was about to start my process but with recent news I am kind of scared. Do you think person can be deported of adjusting a status through marriage but has withholding of removal? Technically is removal which was withheld. Based on this source: https://www.nbcnews.com/news/amp/rcna223099
I think you would do well to talk to a lawyer before you take action. Prior to the current Trump Administration, a person would normally marry, file the I-130, get that approved, and then ask to reopen the court case and have the court case dismissed without a removal order (WOR is a removal order that has been withheld as to your country). Then, they can adjust status and get the GC (assuming, of course, that they are eligible). Now-a-days, you may want to be more careful, as there may be some risk in attending an I-130 interview, and during other parts of the process. I would make a plan with a lawyer, make sure you are eligible to adjust status, and discuss the risks before you get started. Take care, Jason
have you all seen this case?
https://www.washingtonpost.com/immigration/2025/08/03/immigration-arrests-third-country-removals/
geez it’s getting scary. still trying to be hopeful. Husband’s check in is next week.
It is very difficult to get a sense of the number of people being sent to third countries. The Guardian reported that 8100 people and been sent to third countries, but it looks like the large majority of those were people who came to the border and were sent back to Mexico. How many people are actually being sent to random third countries, we do not know, but I think the numbers are relatively small, as it is very difficult and expensive to do that. Take care, Jason
Best of luck! Hopefully he will have a smooth check-in like most people so far on this thread. Please update us on how it goes.
Yes. I heard about that case. Very sad, not clue how Australia would accept him, that’s a country that won’t allow anyone to enter with a misdemeanor nor a felony! No one! So I’m assuming some kind of ties in the past or last departure. Details in the article are vaguely exposed.
“Australia’s a country that won’t allow anyone to enter with a misdemeanor nor a felony! No one!” — really? Isn’t the entire country founded by criminal convicts?
Don’t ask me! I have no knowledge of Australia’s foundation. I do know that the British used them as dump jails back in the day.
Yes, if you research it, Australia, Canada and Japan are the hardest countries to enter, even with a DUI.
ironic
Trump admin strikes new deportation deal with Rwanda to get illegal aliens off American soil
The agreement allows Rwanda to approve each individual proposed for resettlement with capacity for up to 250 people
https://abcnews.go.com/International/wireStory/rwanda-accepts-250-deportees-us-trumps-country-plan-124369444
this is crazy!
MC, thanks for always sharing these new articles here. I’ve noticed that many of these “third-country removal” articles often highlight that the targets are individuals who entered the country illegally. I’m wondering if that lowers the risk for someone with WOR/ CAT protection who entered legally, or if it’s not a factor in determining who is sent to a third country.
No problem MO, my pleasure!
To be honest, I’m not sure how the ICE counsel office handles these determinations with ERO. I understand that the decision must be jointly made between those offices. According to my attorney, aliens with WOR and CAT grants are being targeted in these third-country deportations. However, at this point, and I’m going to be very blunt here, I genuinely don’t know if everyone in the field is using fear tactics, just like the abundant rhetoric circulating in the media. Trust me, this isn’t new!
On the other hand, the changes in supervision terms and check-ins for aliens with WOR and CAT grants suggest that something is happening behind the scenes, you know what I mean? Not to mention the well-known national cases.
Everyone’s case is unique, and you hope it is handled accordingly. Many DO’s are unaware of immigration law and the expansion of the relief previously granted. Therefore, it’s a significant factor to consider during your next check-in. I still believe that having an attorney present during an ICE appointment might alter the dynamics, but I also think it could potentially make the situation worse.
One thing has become increasingly apparent to most attorneys recently: if an alien is detained or is being removed, including many who are losing their ability to work legally and earn money while in the removal process due new DHS “policies or tactics.” Who will pay their legal fees? Families are being shattered along with the entire detention and removal process. Sometimes, the alien in trouble is the sole provider, or the other family members simply can’t afford it or are dragged in financial situation.
Some lawyers are charging exorbitant fees, ranging from $10,000 to even more, for filing habeas petitions to challenge a third country removal and detention of individuals. This is a significant issue for families. In my opinion, having a plan, adhering to the terms of your supervision, and preparing a package to present to ICE that outlines your current situation and potential future relief, with the assistance of your attorney, can help you continue fighting this battle. There is certainly no “certainty or logic” behind these third-country removal actions.
I completely agree that the requirement for more frequent check-ins is definitely a red flag. Over the past six months, I’ve consulted with several attorneys, and I also believe there’s a lot of misinformation and fear being spread. My attorney has mentioned that he’s seeing individuals granted Deferral of Removal under CAT being detained, which is concerning.
One of the main challenges, as I see it, is that even if you pursue adjustment of status, there is a significant risk of detention at every step. With the current administration, it seems unlikely that sua sponte motions or waivers will be granted, which I think many WOR grantees may need in order to adjust their status. Even something as basic as getting approval for an I-765 has become difficult — mine has been pending for 7 months, which is far longer than it ever took in the past. As frustrating as it is, I think we all have to take it day by day.
MO,
I know but you can’t lose hope. sua sponte’s reopening motions are never easy, and joining them with DHS counsel is even more challenging! I understand that it seems like an almost impossible path to achieve a win with this administration.
However, I must mention that I felt the same way about my EAD situation, which was similar to yours. This is what I did: I filed an expedite request with Emma. It took me about three attempts within a week and a half because they kept getting back to me with the same action that I couldn’t perform. I finally called and explained to the agent that this is an endless cycle because the only response I keep getting is to upload explanation letter and evidence for the expedite request in my USCIS account. My account lacks this feature because I’ve never filed anything online using it, so my I-765 receipt was not IOE. I’ve only filed documents through mail. Finally, I received a response stating that the expedite request will be transferred to the National Benefits Center (NBC) for review. In the meantime, I sent the explanation letter with the evidence through regular mail to the NBC using their P.O. Box address listed. The package arrived on August 2nd. On August 4th, my I-765 application was moved to “we ordered your new card” and then to “case was approved” on August 5th.
Moreover, my attorney stated a few days before this: “The delay you are experiencing has been reported by many attorneys in the last four weeks whose clients have withholding and CAT grants.” So, I suppose the lesson here is that you can’t give up; you need to keep pushing forward and not lose hope.
“My attorney has mentioned that he’s seeing individuals granted Deferral of Removal under CAT being detained, which is concerning.”
In which state do you reside?
Thank you
MC
MC,
I am in the mid Atlantic region.
Thank you for your words of encouragement. It’s hard to stay positive but theres no other option. I’ve submitted an inquiry regarding my EAD yesterday and we’ll see what happens.
Well said – Thank you for this, Jason
I have not heard anything about that and it is not clear who is targeted for third country removals. I suppose this will become more clear over time, but for now, I think there is not much info available about this. Take care, Jason
I just think this is not a very efficient way to deport large numbers of people. It is a way to terrify people, but I doubt they can deport large numbers of people to third countries. We shall see. Take care, Jason
“Under the agreement, Rwanda has the ability to approve each individual proposed for resettlement,” she said.
“Those approved will be provided with workforce training, healthcare, and accommodation support to jumpstart their lives in Rwanda, giving them the opportunity to contribute to one of the fastest-growing economies in the world over the last decade.”
Sounds expensive. Guess who must be paying for all that? Not Rwanda!
Hi Jason,
This is a follow-up about my July 23rd ERO Miramar FL regular check-in for WOR.
I missed my appointment due to a medical emergency (I suffered a stroke from all this excessive stress)
My wife went to the reporting ERO office with a hospital letter. We were told at that time to request via email the rescheduling on the same day.
We submitted the request on July 23rd and yesterday August 5th just received the email about next reporting check-in scheduled for October 15th this year. During my 15 years of reporting, this will be the very first one kind of so soon.
Take care,
Mike
Mike,
I am sorry to hear what happened to you! Please take good care of yourself! Trust me, they don’t care about your health and your family needs you.
Best,
MC
Reports of 8,100 third country removals so far this year. Interesting graphic data of countries of origin and third country of removal at the end of the article.
https://www.theguardian.com/us-news/ng-interactive/2025/jul/23/trump-ice-data-deportations-detention
That number is a little surprising. I would have guessed it would be lower than that. I am not sure who those people are – a bunch were Venezuelans sent to El Salvador, but that was probably only a few hundred. It would be interesting to learn more about the figures in that article. Take care, Jason
The number seems off to me too in regards of WOR and CAT grantees. However, these chain-refoulement removals pose a significant risk to everyone in these statuses, including supervised released individuals.
According to DHS deporting 8 people to South Sudan cost 1.3M tax payers, so it is $162500 per person, See the link below, #26.
According to immigration attornies, deporting 5 people to Eswatini cost over $1M, $200,000 per person.
They are all deported with private jets.
Is this doable for government or just to scare people to self deport?
https://storage.courtlistener.com/recap/gov.uscourts.mad.282404/gov.uscourts.mad.282404.130.2.pdf
1. That’s outrageous, that tax payers money probably includes $$$ from the same people and families that they are being deported. Disgusting!
2. How someone will self-deport if they are WOR or CAT grantees? There is a “big” reason for not doing that already encountered in their prior proceedings, huh? common!
I agree with you.
I am talking about deportation to 3rd countries in general, not only for WOR and CAT recipients.
The attorney for one of the deporties to South Sudan said his client was from Mexico, DHS does not need to send him to Sudan, he can just walk into Mexico since the Mexican government has no problem taking its own people back. None of those deporties were WOR or CAT participants.
IMO, DHS carefully selected those 8 deporties to deport them to Sudan to give a message and scare people to self deport. They picked 8 individuals from different countries and continents to indicate it applies to everyone, not only to Latin American countries.
What happens next to Kilmar and O.C.G. will give us a clue. O.C.G. is still in detention in Arizona. O.C.G. returned almost 2 months ago, I might be wrong but I believe he needs to be released after 90 days if he is not deported to a 3rd country.
I understand your point now, thank you! I completely agree with you. The third country removals that the media and news outlets are still publicizing are the same well-known ones. I asked my attorney about it today, and she confirmed that it’s still happening. I’m at a loss for what to think. I’m lil’ confused about that.
In another vein, I’m about to lose my work authorization and driving privileges in a few days because, according to my attorney, USCIS is holding on to WOR and CAT renewals applications. After being pending for over four months, I’ve made three expedited requests so far. Today, they finally responded and sent the request to National Benefit Center’s agent, who has my case for a response or further evidence request. I’m crossing my fingers for a response very soon.
My next scheduled ICE check-in is in 28 days, and here we go again, facing immense stress and worries. My family’s stability is on a fragile thread. This is not a sustainable way to live, to be honest.
By the way, if anyone recently had successful ICE check-ins, please share them here. Thanks!
I think the rule is that a person in detention who cannot be deported must be released after 6 months, unless the government shows that he is a danger to the community. That is based on a Supreme Court case called Zedvaydis (though I forget how to spell the case name!). Take care, Jason
I do not see how a WOR or CAT person can self deport. Where will they go? Many do not even have passports. Take care, Jason
Personally, I think there will be limited ability to deport people to third countries. There was a recent article in the Guardian that said, so far, we have deported 8100 people to third countries. I suspect that most of those people were turned away at the US-Mexico border and were not actually deported. It is a big production to send people to third countries and the cost is not only the flight. We need diplomatic efforts to get the country to agree to take people who are not their citizens. The whole effort seems to me idiotic and inhumane, and also ridiculously expensive. Hopefully, the practice will end soon, if not for humanitarian reasons, then at least for economic reasons. Take care, Jason
Jason, this article is saying that Jamaica never refused to take back their deportees criminal
or not: https://www.caribbeanlife.com/wrongfully-deported-to-africa-jamaica-says-it-didnt-turn-anyone-away/
Do you have any insight on these questions:
Why would this person have been sent to Africa or as this the other commenter pointed out a Mexican national not being sent back to Mexico but Africa instead? Mexico is accepting third country removals from Central America and some South American countries, why would they not accept a Mexican national?
I do not have info about specific cases, but if a person received torture convention protection or withholding of removal, they could not be legally returned to their home, but they could be deported to a third country. So maybe that is the reason. Also, if a person was trying to enter at the US-Mexico border, maybe they were just returned to Mexico and the US is counting that as a deportation, and so maybe that is another possibility. Take care, Jason
South Sudan and Eswatini officials said deportees will be sent to their own countries.
Eswatini citizens were protesting the deportations in front of the US Embassy in Eswaitini. They were angry saying “Their country is not the US’s damping ground”. 3rd country citizens are not happy with deportations from US.
Protest is even in US government’s website, as a warning.
https://sz.usembassy.gov/possible-demonstration-planned-for-friday-june-27/
https://uk.news.yahoo.com/questions-swell-eswatini-over-five-095515977.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAAH4SAMRvkYHHEBGL3Mdu2VaX3Lo9jzzgpQjDEnk_rGvyBl3sg5cfxgJFsekuInkzzhSq1qI2dPX19WwMT8Ca526cL869w2lxrKwi4PdnvyDEL55vqBk4O7eDTwrNHIsDJ3AJJGe6vj70CveS0pT8HAZZtADfv0g5BO4p3oZrCk2e
Perhaps this could also be used as evidence in federal court to try to block the US from sending people to third countries. If the third country is only a way station for deportation back to the home country, the US may be effectively violating the law in the cases of people who have withholding of removal or Torture Convention protection by returning them to the home country via a third country. Take care, Jason
They put down the news on the embassy website! Expected I guess…
I agree! There’s a lot of effort involved in a third-country removal, yet they’ve persisted in trying it. In my opinion, the most significant and terrifying risk here is the possibility of detention or re-detention. You will find yourself in the same or new predicament you never had or already endured. Personally, I wouldn’t wish an ICE custody on even my worst enemy! You’re stuck in your unit for 23 hours, with only an hour of recreation in the yard. There are no programs inside the detention center or jail, and the law library is only open for you a very few times a week. Jobs are extremely scarce, except for laundry and commissary, which are highly sought after and difficult to obtain. This custody is purely designed to “break you” and make you give up very quickly.
Correct Jason, under Zadvydas v. Davis et al. “ the indefinite detention of an alien under an order of removal is not permissible if removal is not reasonably foreseeable, even if the alien is considered a flight risk or a danger to the community. ”However, ICE has 90 days to deport the individual. If ICE cannot deport the individual within this 90-day “removal period,” they must conduct a post-order custody review (POCR) and determine whether to release the individual or continue their detention. Worth noting here, sometimes when a habeas petition is filed in a district court challenging the extended detention, ICE finds a way to continue holding the non-citizen beyond the 90 days. This is not a new issue and it’s utterly unlawful.
So, avoiding detention or re-detention should be, in my humble opinion, the main focus of WOR and CAT grantees. Everything else can be dealt with.
Thank you, Jason
Hi Jason,
Do you know if its safe for WOR guarantees to travel domestically? As mentioned below my EAD is expired (it is extended based on the USCIS calculator tool). I do have a valid real ID. I’m just not sure if I am putting myself at risk at any airport.
I have heard about WOR people being detained by ICE (I wrote about that on March 12, 2025), but I have not heard about WOR people or others being detained at the airport during a domestic flight. I think it is probably ok to travel domestically, as long as you have a valid REAL ID to board the plane, but I also do not think the risk is zero. Take care, Jason
I hope everything went well with Mike…please let us know.
I just saw a post from Mike on another thread:
Hi Jason,
Today, July 23rd, I had my scheduled WOR check-in with ERO Miramar FL
Due medical emergency I was hospitalized (currently still in the hospital). I sent a prior email to let them know and request a rescheduling.
The automatic response was:
“Please retain a copy of this email as proof that you checked in with Immigration upon your arrival to the Miami Area. You will not be penalized for not reporting in person to Miramar at this time. Please be patient and await a response with a scheduled appointment”
As soon I’ll have any news, I’ll post it.
Take care,
Mike.
Thank you and I hope you get better soon. Take care, Jason