Around 15 Latin American individuals deported from the United States arrived in Congo's capital Kinshasa in the early hours of Friday, despite having received legal protections from U.S. judges against being returned to their home countries, according to their attorney. The deportees are currently staying at a hotel in Kinshasa as part of a controversial third-country deportation program.
U.S. attorney Alma David told The Associated Press that all the deportees had obtained legal protection from U.S. judges shielding them against being returned to their home countries. An official at the Congolese migration agency confirmed the arrivals but did not provide details. The Congolese government plans to keep them in the country for a short period, David said.
Concerns Over 'Voluntary' Return
The International Organization for Migration, a United Nations-affiliated agency, will be involved to offer "assisted voluntary return," David told AP. However, she expressed serious concerns about the characterization of these returns as voluntary. "The fact that the focus is on offering them 'voluntary' return to their home country when they spent months in immigration detention in the U.S. fighting hard to not have to go home is very alarming," David said. The IOM did not immediately respond to AP's request for comment.
Congo's Ministry of Communications said in a statement earlier this month that it will receive some migrants as part of a new deal under the Trump administration's third-country program. The government described the arrangement as a "temporary" one that reflects Congo's "commitment to human dignity and international solidarity." It said the arrangement would come with zero costs to the government, with the U.S. covering the needed logistics.
Growing Network of Third-Country Deals
The statement said no automatic transfer of the deportees is planned, adding: "Each situation will be subject to individual review in accordance with the laws of the Republic and national security requirements." The U.S. has struck such third-country deportation deals with at least seven other African nations, many of them among countries hit the most by the Trump administration's policies that have restricted trade, aid and migration.
According to a report released recently by the Democratic staff of the Senate Foreign Relations Committee, the Trump administration has spent at least $40 million to deport about 300 migrants to countries other than their own. Lawyers and activists have raised questions over the nature of the deals with countries in Africa and elsewhere. Several of the African nations that have signed such deals have notoriously repressive governments and poor human rights records, including Eswatini, South Sudan and Equatorial Guinea.
Why This Matters:
The deportation of individuals with U.S. court-ordered protections to third countries raises fundamental questions about due process and the rule of law. When migrants who have spent months fighting deportation in U.S. immigration courts are sent to countries other than their own—particularly nations with poor human rights records—it undermines judicial protections meant to safeguard vulnerable people from persecution. The characterization of returns as "voluntary" for individuals held in detention who fought against deportation highlights concerns about genuine consent and protection of asylum rights. The $40 million spent on deporting 300 people to third countries, according to Senate Democrats, represents significant public resources directed toward a policy that circumvents established legal protections and raises serious human rights concerns about where these individuals ultimately end up.