‘So sudden, so jarring’: Immigration ruling streamlines deportations to countries asylum seekers barely know

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- A federal board ruling has paved the way for courts to more easily toss out asylum cases and instead deport applicants, not to their home country, but to a “third country” they barely know.
- The ruling has the potential to affect the cases of thousands of immigrants who entered the asylum process since 2019.
- The Department of Homeland Security is using its extra power inconsistently, moving to send some asylum seekers to third countries while making more traditional motions in other cases. One immigration attorney says it illustrates the “crazy arbitrariness of the system.”
Milwaukee immigration attorney Anthony Locke spent the first weekend in November wrapping his head around the latest ground-shaking rule change for asylum cases. His Department of Homeland Security (DHS) counterpart apparently did the same while pushing to deport one of Locke’s clients.
Locke represents a Nicaraguan asylum seeker arrested in a late September ICE operation in Manitowoc. That client was set to appear before an immigration court judge on Nov. 4 in a hearing Locke hoped would move the man closer to securing his right to remain in the U.S.
But five days earlier, the Board of Immigration Appeals — a powerful, if relatively obscure Department of Justice tribunal that sets rules for immigration courts — had paved the way for courts to more easily toss out asylum cases and instead deport applicants, not to their home country, but to a “third country” they barely know.
Just before the Nov. 4 hearing, the DHS attorney motioned to dismiss Locke’s client’s case and deport him to Honduras, through which he had only briefly passed on his trek north. Locke now has until early December to argue that his client could face “persecution or torture” in Honduras.
“Trying to demonstrate that they’re scared of a place they’ve had minimal contact with,” he said, is akin to proving a negative.
If the judge sides with DHS, the Nicaraguan man will be sent to Honduras without an opportunity to make his case for remaining in the U.S.
“I am, quite frankly, not too hopeful, and I’ve had to be quite honest with my client about that,” Locke said. “This is so sudden, so jarring, and it has such an immense impact.”
The full impact of the appeals board ruling remains to be seen, but it has the potential to affect the cases of thousands of immigrants who entered the asylum process since President Donald Trump’s first administration in 2019 began establishing “safe third country” agreements, starting with Guatemala, Honduras and El Salvador.
U.S. law for decades guaranteed anyone physically present in the U.S. the right to seek asylum, but the agreements allowed the U.S. to instead send asylum seekers to third countries to seek legal status there.
While Joe Biden suspended most third country agreements during his presidency, Trump, upon returning to office in January, revived them as a means to limit asylum applications and facilitate deportations. The list of countries willing to accept the deportees is still growing, though not all have signed formal “safe third country” agreements.
The Board of Immigration Appeals overhauled the process of sending an asylum seeker to a third country. Its ruling allows DHS to send asylum seekers to countries through which they did not pass en route to the U.S. It also requires immigration courts to consider whether asylum seekers can be sent to a third country before hearing their cases for remaining in the U.S., creating the proving-a-negative scenario Locke described.
The ruling may not impact those who filed for asylum before third country agreements were forged.
DHS did not respond to Wisconsin Watch’s request for comment.
Locke’s client entered the U.S. in 2022, requesting asylum on the grounds that his protests against Nicaragua’s ruling party made him a target for persecution. The man entered the country through a Biden-era “parole” program that allowed some immigrants from Cuba, Haiti, Nicaragua and Venezuela to live and work in the U.S. for two years, Locke said. Roughly a third of new arrivals to Wisconsin who entered the immigration court system since 2020 came from Nicaragua, though not all secured parole.
The Trump administration ended the parole program earlier this year, claiming that the roughly 500,000 immigrants who entered the country through the program had not been properly vetted and that participants limited opportunities for domestic workers.
Locke’s client landed in the immigration court system in September after his arrest in Manitowoc. He is currently in custody in the Dodge County jail — one of a growing number of local detention facilities in Wisconsin housing ICE detainees.
One of his fellow detainees, Diego Ugarte-Arenas, faces a similar predicament. The 31-year-old from Venezuela entered the U.S. in 2021 alongside his wife, Dailin Pacheco-Acosta. The couple filed for asylum upon reaching Wisconsin, citing their involvement in opposition to Venezuelan President Nicolas Maduro. Pacheco-Acosta found work as a nanny in Madison, and Ugarte-Arenas found a restaurant job.
ICE last month arrested the couple during a routine check-in at DHS’ field office in downtown Milwaukee, forcing them to argue their asylum case in the immigration court system. Ugarte-Arenas remains in Dodge County, while his wife sits in a county jail in northern Kentucky. Another recent Board of Immigration Appeals decision limits their ability to post bond and continue their case while reunited in Wisconsin.
The couple appeared in court for the first time on Nov. 12, both via video call. Though separated by hundreds of miles, the cinderblock walls behind them made their settings look almost identical.


As they waited for their case to reach the top of the queue, the couple watched the court field-test the new rule on third-country deportations as the DHS attorney motioned to send another asylum seeker to an unnamed third country. But when Judge Eva Saltzman called their case, the DHS attorney did not make the same motion.
“When you move this quickly and have this volume of cases, not every case gets treated the same,” said Ben Crouse, an attorney representing the couple. The inconsistency, Crouse said, reflects the “crazy arbitrariness of the system.”
After scheduling a follow-up hearing, Saltzman allowed the couple to speak to one another for the first time since their arrest.
“Everything will be OK, you hear me?” Ugarte-Arenas said through tears.
Saltzman moved on to the next case.

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‘So sudden, so jarring’: Immigration ruling streamlines deportations to countries asylum seekers barely know is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.























































