At Campos Law Firm, we closely monitor developments in U.S. immigration policy to protect our clients’ rights and future. A Reuters investigation published on October 5, 2026, documented 40 cases of migrants who had won protection in the U.S. after being persecuted for being LGBT and were nevertheless deported to third countries in Africa that criminalize same-sex relations or have documented abuses against LGBT people.
The report comes one week after the Supreme Court allowed these deportations to continue while their legality is litigated. Below, we explain what we know, why it happens, and what you can do.
What Did Reuters Document?
According to Reuters, the 40 people were sent to six countries: Sierra Leone, Cameroon, and Eswatini, which explicitly criminalize same-sex relations, and the Central African Republic, Equatorial Guinea, and the Democratic Republic of Congo, where the State Department has documented abuses against LGBT people. They came from across Africa, as well as Iraq, Jamaica, and Russia.
Reuters reports that 16 remain in the country they were sent to, some still detained, and another 16 were returned against their will to their home countries, the very places they had fled. Others are hiding in third locations. One of them is Abdou Latifou, a gay man from Togo: an immigration judge ruled it was not safe to send him home, but in June he was deported to Sierra Leone, then flown back to Togo, and he ended up hiding in Ivory Coast.
The Department of Homeland Security (DHS) said Immigration and Customs Enforcement (ICE) “does not enforce the law on the basis of sexual orientation” and that third-country removals are “an essential public safety tool,” Reuters reported.
Why Can You Be Sent to a Third Country If a Judge Protected You?
This is the legal distinction that matters most. Asylum grants immigration status and a path to a green card. By contrast, withholding of removal and protection under the Convention Against Torture (CAT) only bar the government from sending you to the specific country where you face danger. The removal order still exists, and the government can try to carry it out to another country.
According to Reuters, more than half of the 40 were ineligible for asylum because they did not apply for it in countries they passed through before entering the U.S., a Biden-era restriction that a federal court vacated in May. That is why they received a lesser form of protection. In February, U.S. District Judge Brian Murphy wrote that “no person could reasonably be expected to make detailed, prophylactic claims about every country on Earth.”
What Happens After a Third-Country Deportation?
Phone Chomsavanh’s case shows the story does not end on the plane. The Laotian citizen, who came to the U.S. at age 7, was deported in July 2025 to Eswatini, a country where he had no ties, and spent more than 14 months in a maximum-security prison, according to AP. He had been convicted of serious crimes in the U.S. but had already served his sentence. He was released on Sunday, October 4, and is now being sent to Laos.
“No notice, no hearing, no chance to object,” said his attorney, Tin Thanh Nguyen. According to AP, Eswatini was paid $5.1 million by the U.S. government to take deportees. Citing preliminary government data, Reuters reports that more than 40,000 people have been deported to countries other than their own during this administration, about 900 of them to Africa.
What Can You Do If You Have Withholding, CAT, or a Pending Case?
- Know your type of protection: confirm with an attorney whether you have asylum, withholding, or CAT. They are not the same, and the risk is different.
- Document risks beyond your home country: if you are LGBT or belong to another at-risk group, ask your attorney how to put on record the danger you would face in other countries.
- If you are told you will be transferred: say right away that you fear being sent to that country and ask to speak with your attorney. Deadlines can be very short.
- Prepare your family: make sure they have your Alien Registration Number (A-number), a copy of your order, and your attorney’s contact information.
In a country where every decision can change your future, having the right information is your best tool. You can also revisit our explainer on the First Circuit ruling that required notice and a real hearing, which is now on hold.
Protect Your Immigration Status with Campos Law Firm
Protection won in immigration court may not be enough if you do not understand its limits. Our immigration attorneys can review your case, explain what protects you and what does not, and build an honest strategy. From immigrants, for immigrants.
Do not leave your immigration status to chance. Call us today at +1 (844) 922-6767 to schedule a free, confidential consultation in English or Spanish. Campos Law Firm: Legal Solutions in All Areas of Law.
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