3rd country removal of migrants is an 'essential public safety tool,' DHS lawyer says

James Percival said the DHS has deported 25,000 people to third countries.

The removal of individuals illegally in the United States to a third country that's different from their country of origin is an "essential public safety tool," the Department of Homeland Security's general counsel said in a social media post Wednesday. 

James Percival, the DHS' top legal adviser, said in a post on X that the department has deported 25,000 people to third countries as part of the Trump administration's immigration crackdown.

In recent months, the administration has expanded the controversial practice after securing formal deals with 35 countries, including the Central African Republic, which the U.S. has classified as an extreme-risk destination for Americans due to armed conflict, violent crime and the threat of terrorism.

Last week a federal appeals court ruled that immigrants facing deportation to third countries must be given sufficient notice before being sent to nations where they have no ties.

"An individual's right to contest removal to a country based on a fear of persecution in that country means little if one does not receive prior notice of the intended removal destination and a meaningful opportunity to contest that destination," wrote Circuit Judge Seth Aframe.

Percival said there three reasons why the practice of third-country removals needs to continue: Every country needs to accept the person being deported and in some cases that won't happen; in some cases a person cannot remain in the U.S. but also can't go back to their home country; and there are sometimes "logistical problems" associated with removing an individual to their country of origin. 

"In each of these circumstances, a third country removal may be necessary," Perceval said. "Making matters even more complicated, aliens ordered removed may generally only be detained for six months due to a Supreme Court case called Zadvydas v. Davis. That means that DHS has only six months to work out all the logistics before DHS is forced to release the alien back into the community."

U.S. Immigration and Customs Enforcement (ICE) agents detain a man in Queens, New York, September 4, 2026.Shannon Stapleton/ReutersPerceval, in his post, also said that "Third country removal cases are disproportionately serious criminals" -- although ABC News has reported on instances where that has not been the case.

"The Trump administration is systematically and very cruelly sending people to third countries without prior notice, without due process, without any opportunity to object to what is happening to them," immigration attorney Meredyth Yoon told ABC News. "The administration is doing this in ways that are both extremely opaque and lacking transparency."

Perceval's social media post was accompanied by a GIF of pop star Taylor Swift cheering on the Kansas City Chiefs, over which he wrote, "How my wife looks at me when I tell her we have deported 25,000 illegal aliens to third nations."

ABC News' Laura Romero contributed to this report.