Immigration and Customs Enforcement removed more than 100 people to eight African countries over ten days in late August, CBS News reported. Three flights carried them to Burundi, Cameroon, the Central African Republic, Equatorial Guinea, Eswatini, Liberia, Rwanda and Sierra Leone. They held citizenship in Afghanistan, Cuba, Nicaragua, Iran, Nepal, Turkey and Venezuela. None went to their own country.
The flights test what a court order is worth. A judge can bar the government from returning a person home. These removals ask whether that also limits where else it may send them.
Third-country removal answers a problem the government names openly. Some countries will not take their own nationals back. Others take them slowly, and a final order sits unexecuted for years. The administration has signed removal agreements with more than 30 governments, CBS News reported. A Venezuelan father removed from Texas to West Africa on August 29 came out of the same system.
- Withholding of removal bars return home. It names no substitute country.
- Immigration judges can grant withholding while denying an asylum claim outright.
- The eight receiving governments have not published the terms they agreed to.
The Department of Homeland Security runs the flights. Immigration judges write the orders that constrain them. One man aboard was Khalil, 24, an Afghan who crossed the southern border in 2024. A judge granted him withholding of removal in August 2025. He landed in the Central African Republic. His attorney, Alma David, said the removals undercut refugee protection well beyond this case. Zachary Schmidt, an active-duty Marine colonel, said he believes Khalil would be killed in Afghanistan. The reach runs to Afghans who worked with American forces, to Cubans and Venezuelans whose governments will not take them, and to eight countries whose publics have not seen the agreements.
Disputedwhether a court order barring return home also constrains removal to a third country.
The FramingsAdministration framing presents the statute working as written — DHS said that when someone refuses return home in court, "we are required by law to find a safe and secure nation." Immigration-bar framing, voiced by David, presents a withholding order as a judicial finding of likely harm that a transfer spends without answering. Veterans framing, voiced by Schmidt, centers Afghans who served alongside American forces: the risk follows the man, not the destination. Enforcement-outcome framing presents unexecutable removal orders as the real failure, caused by governments that refuse repatriation. Receiving-state framing centers eight governments that accepted people with no tie to them on terms their own publics have not seen.
The RecordThe count, the destinations and the nationalities are in CBS News reporting. The administration's legal account is DHS's own statement. Khalil's August 2025 withholding grant is in the immigration-court decision his counsel describes; the government did not dispute it. No court has ruled on these three flights. Confidence in the counts and destinations: certain. Confidence in how courts will read the withholding statute: low.
What to watch: whether counsel files in federal district court seeking the return of anyone removed while holding a live withholding order; whether DHS publishes the terms of any of the eight agreements; whether the House Judiciary or Homeland Security committees notice an oversight hearing now that the House has returned.
Sources: CBS News, NPR, PBS NewsHour, Department of Homeland Security.
