Per The New York Times on Thursday, the administration was preparing to deport "at least two Iranian women who had sought refuge in the United States" as well as "migrants from Afghanistan and Syria."
According to their lawyers, several of the migrants had received court orders from judges prohibiting their deportation to their home countries, citing the risk of persecution there.
A lawyer for one of the Iranian women told the Times that neither of them has a criminal record and that they both have been granted court protection due to fear of threats to their freedom or lives if they returned to Iran. One is a Christian convert, and the other is a pro-democracy activist.
According to Reuters, just the activist ended up on the flight from Louisiana. But the Christian woman is still at risk, along with another Iranian national.
The burden of proof to receive what is known as a “withholding of removal” status from an immigration judge is even higher than that needed for migrants to qualify for asylum.
Those seeking their deportations to be halted must demonstrate that it’s more likely than not that their life or freedom would be threatened if they returned to a specific country due to their race, religion, nationality, or political or social affiliation.
In order to get around orders protecting these migrants from deportation to their home countries, the administration is instead dumping them in what have been described as "third countries."
The flight departed on Thursday is the first US deportation flight to the CAR, which is one of the poorest countries in the world and is reeling from a civil war that's displaced more than a million people both inside and outside the country.
The country is under the State Department's highest travel advisory, warning US citizens not to go there "due to risk of unrest, crime, kidnapping, landmines, health, and terrorism."
"People on this flight proved to a judge that they were likely to be persecuted in their home countries," said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council. "This is profoundly unjust."
Human rights law experts Anjli Parrin and Savi Arvey wrote on Wednesday for Just Security that the administration was putting "lives at risk" by sending these migrants to a dangerous country where they know nobody and where basic healthcare infrastructure hardly exists.
They said the administration's deportation of these migrants "is the latest example of its dangerous and potentially life-threatening strategy: using secretive deals with countries to expel asylum seekers and migrants with no legal or personal connection to the places where they are being sent."
"Since early last year, the US government has signed a growing number of third-country forced transfer agreements with over 30 countries worldwide to expel and deport people to places where they have no legal or personal ties," they said.
"These deportations are often carried out in secrecy and without any semblance of due process," they added. "Individuals are often not given any advance warning or the opportunity to challenge their deportation to a third country—with many only discovering they are being sent to a country they may have never heard of while airborne."
Emily Trostle, a lawyer for the Iranian activist, told Reuters that the migrants facing deportation to the CAR "have absolutely no connection to this place."
“These individuals are being removed from the United States and abandoned in a country where they have no status, no connection, and no support network,” she said. “We fear they will ultimately be forced to return to the countries they originally fled.”
According to Human Rights First's Third Country Deportation Watch, governments around the world have been given $44 million from US taxpayers to receive these migrants. More than 19,000 people, it found, have been deported across 24 countries.
Most of them have been sent to Mexico, but the US has also shipped migrants to some of the poorest, most unstable nations in sub-Saharan Africa, including Eswatini, Equatorial Guinea, and Sierra Leone. Many have faced arbitrary detention and torture or been returned to the country where they fled persecution.
In order to avoid having to allow over 1,000 Afghans who fought alongside US soldiers to settle as refugees in the US as planned, the Trump administration is reportedly trying to ink a deal with the Democratic Republic of the Congo to take them instead, but the plan was stalled amid public backlash, and the administration is seeking other options.
The Iranian American Legal Defense Fund said on Thursday that the deportation of Iranian nationals was a “potentially fatal action,” as they could face danger in the CAR or be sent back to Iran.
Another person scheduled to be deported to the CAR was an elderly man from Syria, whose immigration attorney, Margaret Stock, told the Times that he had scars all over his body due to torture in his home country.
He is a Sufi Muslim and feared persecution if he returned there, and is in danger of lacking access to care for his diabetes if sent to the CAR. According to Stock, he received an emergency temporary order halting his deportation.
Sen. Chris Murphy (Conn.), the ranking Democrat on the subcommittee in charge of funding for the Department of Homeland Security and its immigration agencies, responded to the Times report on the deportations with outrage.
"It's hard to fathom how deeply evil this is, and that we have people running our country who get sick pleasure from sending women fleeing violence in Iran to an African country in the middle of a brutal civil war," he said.
Reichlin-Melnick agreed: "Evil is the right word for... taking people who are safe in the United States, who have proven to a judge they would be persecuted in their home country, and dumping them in a random country in the middle of a civil war."
"No previous administration would have done this, despite it likely being legal," he added.
