US Central African Republic Removal Agreement: What You Need to Know

The United States has reportedly entered into a third-country removal agreement with the Central African Republic (CAR). This development adds CAR to a growing list of nations with which the U.S. has established such arrangements, though the specifics of these agreements often remain undisclosed. This analysis explores the implications of this reported deal, considering the legal framework, potential operational aspects, and the significant security concerns associated with the Central African Republic.

Understanding Third-Country Removals

Third-country removals involve sending a noncitizen to a country other than their country of origin. While this practice is permitted under U.S. immigration law, it is subject to specific limitations and protections. The Immigration and Nationality Act (INA) § 241(b) outlines the countries to which removal may occur. Furthermore, individuals may have grounds to object to removal to a particular country if they can demonstrate a credible fear of persecution or torture, as protected under asylum laws (INA § 241(b)(3)) and the Convention Against Torture. The Board of Immigration Appeals has affirmed that claims for withholding of removal and protection under the Convention Against Torture can be raised even if a new country of removal is identified later in the process.

A Growing Network of Agreements

The reported agreement with the Central African Republic is not an isolated event. Public reporting suggests that the U.S. has similar arrangements with at least 11 other countries where removals have not yet been publicly confirmed. The lack of a standardized, publicly available template for these agreements from the Department of Homeland Security and the State Department raises questions about transparency regarding notice procedures, consent from receiving states, and access to legal counsel for individuals affected by these removals.

Financial Ties and Operational Links

One aspect drawing particular attention is a reported connection between the CAR removal arrangement and $85 million in U.S. government funding allocated for International Organization for Migration (IOM) operations in the Central African Republic. While this figure has been cited, the U.S. government has not officially confirmed it as direct payment for migrant transfers. Without public disclosure of the agreement’s terms, this funding remains a reported data point rather than a confirmed contractual condition tied to removals.

Security Concerns in the Central African Republic

The security situation in the Central African Republic presents a significant challenge for any removal agreement. The U.S. State Department currently maintains a Level 4 “Do Not Travel” advisory for CAR, citing ongoing armed conflict, civil unrest, high crime rates, kidnapping, and terrorism. The department also notes a limited ability to provide emergency services to U.S. citizens in the country due to a reduced diplomatic presence. While these advisories do not automatically prohibit immigration enforcement transfers, they could become relevant in individual claims for protection and in legal challenges concerning the notice and conditions in the destination country.

Transparency and Legal Safeguards

The basic mechanics of these third-country removal agreements lack public clarity. It is not publicly known whether CAR has agreed to accept only its own nationals or non-CAR nationals deported by U.S. authorities. Information regarding detention conditions upon arrival, the legal status of individuals after transfer, or whether the receiving country would permit onward deportation is also absent from public records. These omissions are critical because litigation surrounding third-country removals often hinges on the adequacy of notice, the opportunity to seek protection, and the government’s assessment of the destination country.

Federal regulations, such as 8 C.F.R. § 1240.10(f), require immigration judges to inform respondents of potential eligibility for relief. If U.S. Immigration and Customs Enforcement (ICE) identifies a new destination country after an initial case, country-specific protection claims may arise late in proceedings. Regulations under 8 C.F.R. §§ 1208.16 through 1208.18 focus on withholding of removal and Convention Against Torture protections concerning the proposed country of removal. An individual ordered removed to one nation might require a new legal assessment if ICE later proposes transfer to another.

A final removal order does not resolve all questions about the country of removal. If the Central African Republic is identified as a destination, legal counsel may need to assess withholding and CAT issues specifically related to CAR.

Practical Steps for Individuals

While public court filings have not yet confirmed that removals to CAR are actively occurring, this agreement aligns with a period of increased focus on third-country enforcement strategies. Legal challenges in this area can develop rapidly, particularly when detainees receive short notice before a transfer. Any potential challenge may depend on the specific circuit court, the procedural stage of the case, and whether the individual has previously had an opportunity to contest removal to the newly designated country. Legal rules can differ by jurisdiction, and emergency stays often depend on the unique facts of each case.

Anyone currently in removal proceedings or subject to a final removal order should maintain copies of their Notice to Appear, immigration judge decisions, Board of Immigration Appeals filings, and any notices from ICE identifying a destination country. If the Central African Republic is named as a destination, it is advisable to consult with an attorney immediately to determine if new fear-based screening or motion practice is available. Official updates on immigration court procedures can be found on the Executive Office for Immigration Review (EOIR) website at justice.gov/eoir. Information on asylum and related protections is available from U.S. Citizenship and Immigration Services (USCIS) at uscis.gov. Individuals facing potential transfer to a third country typically require prompt legal review due to potentially short deadlines for seeking stays, filing motions to reopen, or requesting protection.