A leaked internal memo obtained by the Washington Post and published Sunday revealed that US Immigration and Customs Enforcement (ICE) has authorization to deport individuals to a “third country,” or nation other than one’s country of origin, with just six hours’ notice “in exigent circumstances.”

While standard protocol allows for at least 24‑hour notice, the memo specified that accelerated deportations are permitted if the individual has had the chance to consult legal counsel.

The memo highlighted that migrants may be sent to countries with diplomatic assurances against persecution or torture “without the need for further procedures,” including any notice. Even in the absence of such assurances, deportations may proceed after a brief screening—except in urgent cases where the six‑hour rule still applies.

Immigrants who convey fear of being sent to a third country will be screened within 24 hours for humanitarian status eligibility under the Convention Against Torture (CAT) or federal law.

Notably, the policy emerged amid ongoing litigation challenging such removals. In a class‑action filed in the US District Court for the District of Massachusetts, plaintiffs argue that deportations to unlisted third countries without adequate notice and procedural protections violate due process and CAT.

Plaintiffs’ counsel and executive director of the National Immigration Litigation Alliance stated that the new policy “puts thousands of lives at risk of persecution and torture [and] falls far short of providing the statutory and due process protections that the law requires.”

On April 18, Judge Brian E. Murphy granted a nationwide preliminary injunction requiring written notice in understandable language, fear screenings, and a minimum 15‑day window to seek to reopen removal proceedings before such deportations.

However, on June 23, the Supreme Court stayed that injunction, clearing the path for the ICE memo’s policy to take effect pending appellate review. On June 27, the court restricted district courts’ ability to issue nationwide injunctions in a case involving birthright citizenship.

Advocates caution that the policy risks sending migrants to countries where they may face serious danger, do not speak the language, and lack any connection—all with minimal opportunity to pursue legal protections. Immigration attorney, Elizabeth Amaran, stated that “in practice, it’s almost impossible to notify someone in time. Six hours is not enough to prepare any legal defense—it effectively denies people due process.”

The memo was also filed as evidence in the case concerning Kilmar Abrego Garcia’s unlawful deportation to El Salvador.