Beyond Borders: ICE’s New Deportation Policy Raises Alarming Legal Questions

The U.S. Immigration and Customs Enforcement (ICE) agency has once again pushed the envelope of immigration enforcement, releasing a new internal memo outlining a controversial deportation strategy. This policy permits agents to deport noncitizens to third countries, even where the individual may not hold citizenship or prior residency—and without prior assurances of safety from those countries.

As an immigration attorney serving Texas families and communities, I feel compelled to call this what it is: a dangerous erosion of legal and humanitarian standards. ICE’s new guidance signals a rapid escalation in expedited removals and signals a disturbing disregard for international norms, constitutional protections, and basic decency.

Individuals ICE deems “inadmissible” under various security or procedural categories

What Does the New ICE Memo Say?

According to a Washington Post report, the memo, issued in early July 2025, allows ICE agents to deport certain migrants to countries they aren’t from and don’t have citizenship in, so long as a "receptive" third country is willing to accept them.

This bypasses longstanding procedures that:

• Require deportees to have a clear legal or national connection to the receiving country.

• Ask for formal assurances that deportees will be treated humanely.

• Allow deportees to contest their removal in court.

Under this policy, the U.S. may unilaterally decide that a noncitizen should be sent to a country with no ties, no safety guarantees, and often, no way for that person to start over.

Who Is Affected Most by This Change?

This isn’t a blanket policy—at least not yet. It targets:

• Asylum seekers denied protection

• Migrants with final orders of removal

• Individuals ICE deems “inadmissible” under various security or procedural categories

But as we’ve seen time and time again, these definitions are often overbroad and applied inconsistently, especially when racial profiling or lack of legal representation enters the equation.

As an attorney in Houston, I’ve represented individuals who were flagged for deportation despite ongoing visa petitions, DACA renewals, or green card applications. This policy only adds fuel to the fire.

Legal and Ethical Problems with the Policy

This policy appears to violate core due process rights enshrined in the U.S. Constitution. While immigration law grants the federal government broad discretion, that power is not limitless.

Key concerns include:

• Violation of Non-Refoulement: International law prohibits returning individuals to countries where they risk torture or persecution. Deporting them to a third country with no oversight creates a legal gray zone that could endanger lives.

• Lack of Judicial Review: The memo reduces or eliminates the opportunity for legal counsel to challenge removals.

• Human Rights Implications: Deporting people without safety assurances risks severe harm, including violence, homelessness, and family separation.

Texas’ Role in the Immigration Crackdown

This policy could have particular impact in Texas, where ICE works closely with local sheriffs and where state lawmakers have pushed to deputize more law enforcement officials to enforce federal immigration law. Combined with recent legislation like Senate Bill 8, the deportation memo adds to the aggressive enforcement landscape across the state.

What You Can Do if You or a Loved One Is at Risk

If you or someone you know is facing deportation—or has been denied asylum or visa relief—it’s critical to act immediately:

• Seek experienced legal counsel. Do not try to navigate ICE alone.

• Ask for copies of removal orders or ICE documents you’ve been served.

• File for a stay of removal or appeal if applicable.

• Connect with local immigrant rights organizations for emergency support and community advocacy.

My office handles DWI-related immigration cases, asylum, bond hearings, and deportation defense throughout Texas. In many cases, swift legal intervention can prevent wrongful removal—even under this new policy.

Final Thoughts: We Are “We the People”

This memo is more than a procedural update. It is a test of whether America remains committed to human rights, international law, and equal protection for all people—not just citizens.

We must continue to challenge policies that sideline due process and disregard the very ideals our Constitution was built upon. At Ruben Restrepo Law, we will fight back—one case at a time.

📞 Need immigration help in Texas?Call us at 713-714-7330 or email ruben@restrepodwilawyer.com to schedule a confidential consultation.