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Is This a Life Sentence for Deported Immigrants? Who Decides, Pays and What Happens After They Get There?

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Written by ThePublic

July 22, 2025

Last Updated on July 22, 2025 by ThePublic

The Trump administration’s policy of deporting immigrants to third countries, such as El Salvador or South Sudan, is part of a broader immigration enforcement strategy aimed at expediting deportations, particularly for those with criminal records or deemed national security threats. Below, I address your questions based on available information, while noting that specific details about the long-term outcomes for deportees remain limited and often unclear due to the complexity and opacity of these arrangements.

Is This a Life Sentence for Deported Immigrants?

Deportation to third countries does not inherently constitute a “life sentence” in the legal sense, as it is not a formal criminal punishment but rather an immigration enforcement action. However, the practical outcomes for deportees can be severe and, in some cases, resemble indefinite detention or extreme hardship:

  • Conditions in Third Countries: Deportees sent to places like El Salvador’s CECOT prison or South Sudan face harsh conditions. Reports describe torture, medical neglect, and lack of due process in facilities like CECOT, with limited access to family or legal counsel. In conflict-ridden countries like South Sudan, deportees may face persecution or violence, especially if they have no ties to the country. These conditions can make deportation feel like a de facto life sentence, particularly if deportees are detained indefinitely or cannot safely integrate into the receiving country.
  • Lack of Clarity on Release: There is no clear, publicly available information on whether deportees are held indefinitely or have a defined release process in third countries. The U.S. government has not outlined specific protocols for monitoring or ensuring release, and recipient countries may lack structured systems for processing deportees who are not citizens. In some cases, deportees may remain in detention due to their inability to return to their home countries or integrate into the third country.

What Happens to Them After They Get There?

After deportation to third countries, the fate of immigrants depends on the receiving country’s policies and the agreements made with the U.S.:

  • Detention in Harsh Facilities: In El Salvador, deportees have been sent to the CECOT prison, known for overcrowding, torture, and human rights abuses. For example, Venezuelan migrants, including those with protected status or pending asylum cases, have been detained there with little to no due process.
  • Potential Persecution or Statelessness: Deportees sent to countries like South Sudan or Libya, where they have no citizenship or connections, may face persecution, violence, or statelessness. International agreements prohibit sending individuals to countries where they face torture or persecution, but the Trump administration’s rushed processes have raised concerns about violations of these protections.
  • Limited U.S. Oversight: The U.S. does not appear to actively track the welfare or status of deportees once they are sent to third countries. For instance, Tom Homan, the Trump administration’s border czar, has stated that the U.S. is not monitoring the status of eight men deported to South Sudan. This lack of oversight leaves deportees vulnerable to abuse or abandonment. Reintegration Challenges: In cases where deportees are not detained, reintegration into a foreign country with no cultural, linguistic, or familial ties is extremely difficult. Historical U.S. refugee resettlement programs have provided support like housing or job assistance to facilitate integration, but no evidence suggests such support is offered to third-country deportees under this policy.

Who Decides If They Ever Get Out?

The decision making process for release from detention in third countries is murky and depends on the receiving country’s government and legal system:

  • Recipient Country Authority: Once deportees are in a third country, the receiving government (e.g., El Salvador or South Sudan) typically has jurisdiction over their detention or release. For example, in El Salvador, President Nayib Bukele’s administration controls the CECOT prison, and there is no transparent process for release or appeal
  • Limited U.S. Involvement: The U.S. government has argued that deportees sent to third countries are outside U.S. jurisdiction, meaning U.S. courts cannot order their release or return. This was noted by Supreme Court Justice Sonia Sotomayor in a dissenting opinion, highlighting the risk of deportees being “confined to foreign prisons with no opportunity for redress.”Legal Challenges: Some U.S. courts have intervened to require due process, such as Judge Brian Murphy’s ruling that deportees must have 15 days to contest third-country deportations. However, the Trump administration has appealed such orders, and compliance is inconsistent. Once deportees are in a third country, their ability to access legal recourse is severely limited.
  • Legal Challenges: Some U.S. courts have intervened to require due process, such as Judge Brian Murphy’s ruling that deportees must have 15 days to contest third-country deportations. However, the Trump administration has appealed such orders, and compliance is inconsistent. Once deportees are in a third country, their ability to access legal recourse is severely limited.

Who Pays for All of This?

The funding for third-country deportations and related detention efforts comes from a combination of U.S. government budgets and international agreements:

  • U.S. Congressional Funding: The Trump administration has secured significant funding for immigration enforcement. A 2025 budget reconciliation bill allocated $45 billion over four years to expand immigrant detention capacity, with additional funds for ICE personnel, transportation, and border security. This includes contracts with private prison operators and the use of military bases like Fort Bliss for detention.
  • Private Prison Contractors: Much of the detention infrastructure, both in the U.S. and potentially abroad, relies on private prison companies. These contractors, such as those providing tent structures or managing facilities, receive billions in contracts. For example, Deployed Resources was awarded $3.8 billion to build a detention center at Fort Bliss.Department of Defense Involvement: The Department of Defense has been invited to use its own funds for immigrant detention, including potential facilities at Guantanamo Bay. This shifts some costs from ICE to the Pentagon, though specific allocations are unclear.International Agreements: While direct cash
  • Department of Defense Involvement: The Department of Defense has been invited to use its own funds for immigrant detention, including potential facilities at Guantanamo Bay. This shifts some costs from ICE to the Pentagon, though specific allocations are unclear.International Agreements: While direct cash payments to third countries for accepting deportees are not typically part of U.S. policy, economic and political pressure may incentivize countries like El Salvador or Guatemala to cooperate. For instance, the U.S. has struck deals with countries like Panama and Costa Ri
  • International Agreements: While direct cash payments to third countries for accepting deportees are not typically part of U.S. policy, economic and political pressure may incentivize countries like El Salvador or Guatemala to cooperate. For instance, the U.S. has struck deals with countries like Panama and Costa Rica to house deportees, possibly involving trade or aid concessions.Recipient Country Costs: The financial burden of detaining or managing deportees often falls on the receiving country, which
  • Recipient Country Costs: The financial burden of detaining or managing deportees often falls on the receiving country, which may lack resources to provide adequate care or integration support. This can exacerbate poor conditions in facilities like CECOT.

The Trump administration’s policy of deporting immigrants to third countries, such as El Salvador or South Sudan, is part of a broader immigration enforcement strategy aimed at expediting deportations, particularly for those with criminal records or deemed national security threats. Below, I address your questions based on available information, while noting that specific details about the long-term outcomes for deportees remain limited and often unclear due to the complexity and opacity of these arrangements.

Who Decides If They Ever Get Out?

The decision-making process for release from detention in third countries is murky and depends on the receiving country’s government and legal system:

  • Recipient Country Authority: Once deportees are in a third country, the receiving government (e.g., El Salvador or South Sudan) typically has jurisdiction over their detention or release. For example, in El Salvador, President Nayib Bukele’s administration controls the CECOT prison, and there is no transparent process for release or appeal.
  • Limited U.S. Involvement: The U.S. government has argued that deportees sent to third countries are outside U.S. jurisdiction, meaning U.S. courts cannot order their release or return. This was noted by Supreme Court Justice Sonia Sotomayor in a dissenting opinion, highlighting the risk of deportees being “confined to foreign prisons with no opportunity for redress.”
  • Legal Challenges: Some U.S. courts have intervened to require due process, such as Judge Brian Murphy’s ruling that deportees must have 15 days to contest third-country deportations. However, the Trump administration has appealed such orders, and compliance is inconsistent. Once deportees are in a third country, their ability to access legal recourse is severely limited.

Critical Considerations

  • Due Process Concerns: The rushed nature of third-country deportations, often with minimal notice (as little as 6–12 hours), raises significant due process issues. Legal challenges have argued that deportees are not given adequate opportunity to contest their removal, especially to dangerous countries.
  • Human Rights Implications: Sending immigrants to countries with documented human rights abuses, like El Salvador’s CECOT prison or war-torn South Sudan, risks violating international law, including prohibitions on refoulement (returning individuals to places where they face persecution).
  • Operational Challenges: Despite ambitious goals, the Trump administration has not met its deportation targets, with only 12,300 removals in March 2025 compared to a goal of 1 million annually. Limited detention capacity and legal pushback have slowed implementation.
  • Lack of Transparency: The absence of clear data on deportee outcomes, combined with the U.S. government’s limited oversight, makes it difficult to fully assess what happens to individuals post-deportation.

Conclusion

While third-country deportations are not formally a life sentence, the harsh conditions, lack of due process, and absence of U.S. oversight can trap deportees in dangerous or indefinite situations. The receiving countries’ governments largely control release decisions, with little evidence of structured processes. Funding comes primarily from U.S. taxpayers through congressional allocations, private prison contracts, and potential Defense Department resources, with recipient countries bearing some costs. The policy’s reliance on countries with poor human rights records and the lack of transparency raise serious ethical and legal concerns. For the most current developments, checking primary sources like government statements or court rulings is advisable, as the situation is evolving rapidly.

Resources used in this article:

https://www.aclu.org/news/immigrants-rights/from-day-one-trumps-immigration-agenda-has-grown-more-extreme

https://www.pbs.org/newshour/politics/where-trumps-deportations-are-sending-migrants

https://abcnews.go.com/Politics/constitution-supreme-court-due-process-trump-deportees-analysis/story?id=121485100

https://www.npr.org/2025/07/19/nx-s1-5472622/a-surprise-twist-in-the-trump-administrations-use-of-third-country-deportations

https://www.washingtonpost.com/immigration/2025/04/10/trump-deportation-us-citizens-legal

https://abcnews.go.com/Politics/constitution-supreme-court-due-process-trump-deportees-analysis/story?id=121485100

https://www.npr.org/2025/06/01/g-s1-69780/trump-deportations-south-sudan

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