How the US Has Addressed Countries That Refuse to Accept Deportees

Recently, President Donald Trump threatened to impose tariffs and other penalties on Colombia due to its refusal to accept military flights transporting illegal immigrants deported from the United States.

On January 26, Trump warned that his administration would implement a 25 percent tariff on all imports from Colombia, which would escalate to 50 percent within a week if the issue continued. He also hinted at a potential travel ban and visa revocation for Colombian government officials, as well as “all allies and supporters.”

Later that same day, Colombia announced it would adhere to Trump’s requests and would accept its citizens back following deportation.

Typically, these sanctions involved the suspension of temporary visas, or B visas, which are issued for business or leisure to government officials.

Need for Expedited Removal

In 2001, the Supreme Court ruled in Zadvydas v. Davis that Immigration and Customs Enforcement (ICE) must either release detained individuals or arrange for their deportation within six months in most cases.

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This ruling applies to illegal immigrants subject to removal orders, even in cases where their countries of origin refuse to accept them or lack a repatriation agreement with the United States. If ICE cannot finalize deportation within the six-month timeframe, the individual is typically required to be released.

A notable example occurred in 2015 when a Haitian citizen, found to have immigrated illegally, was released after Haiti declined to accept him. The United States’ attempts to deport him ultimately failed, and he later committed a murder in Connecticut.

Other Countries Resisting Deportations

China, along with Colombia and Haiti, has also pushed back against the United States’ attempts to deport its citizens arrested for illegal immigration.

In August 2022, China halted its cooperation with the U.S. following a spike in illegal immigration from China observed at the U.S.-Mexico border, with over 37,000 Chinese nationals apprehended in 2023—ten times more than in the previous year.

By May 2024, China resumed cooperation with U.S. agencies in accepting the deportation of its nationals living illegally in the United States.

Similarly, deportations to several Central American nations have faced obstacles.

Among the countries with significant populations of undocumented migrants in the U.S. are Honduras, Guatemala, and El Salvador. During Trump’s initial term, agreements were established with these nations to allow U.S. immigration officials to send asylum seekers to Central American countries.

Venezuela has also resisted U.S. deportation flights. However, in October 2023, flights resumed as ICE contended with increasing numbers of illegal immigrants crossing the border.

A Plan for Deportees Rejected by Home Country

Secretary of State Marco Rubio has announced a plan to urge El Salvadoran officials to accept deported nationals from countries that refuse United States’ deportation flights.

Mauricio Claver-Carone, the special envoy to Latin America, stated on January 31 that Rubio’s diplomatic visit to El Salvador would focus on securing the country’s cooperation with U.S. deportation initiatives.

According to Claver-Carone, the U.S. aims to reinstate a “safe third country” agreement for deportees, enabling the relocation of illegal immigrants from the U.S., regardless of their home countries’ cooperation. This deal was revoked during the Biden administration.

Under the proposed agreement, deported foreign nationals could seek asylum in El Salvador after their removal from the United States but would be barred from seeking asylum in the U.S.

“During the first Trump administration, El Salvador was part of a ‘safe third’ agreement with the United States, which will also be discussed,” Claver-Carone added.

The Associated Press contributed to this report.