The Trump administration's controversial third-country deportation policy suffered a significant setback after a federal judge ordered the return of a Colombian woman who was sent to the Democratic Republic of Congo (DRC) despite the country's refusal to accept her. The policy, which involves deporting migrants to a third country where they have no ties, was challenged in court by 55-year-old Adriana Maria Quiroz Zapata.
Background of the Case
Quiroz Zapata entered the United States in August 2024, fleeing Colombia and her former partner, who was linked to the Colombian national police. She obtained a court order preventing her deportation back to Colombia due to the likelihood of persecution. However, the Trump administration sought to deport her to a third country, eventually selecting the DRC.
DRC's Refusal and Subsequent Deportation
In April, the DRC formally refused to accept Quiroz Zapata, citing an inability to guarantee the required medical assistance. The woman suffers from diabetes, hyperlipidemia, and hypothyroidism. Despite this refusal, she was placed on a removal flight on April 16 from the US to the DRC, where she remains.
Judge Richard J. Leon of the US District Court for DC issued a scathing order, stating, "The Government sent her to the DRC anyway," and noted that the deportation was "likely illegal." He added that Quiroz Zapata "is likely to succeed" in her argument that sending her to the DRC violates the Immigration and Nationality Act.
Court's Rationale
The judge emphasized the irreparable harm faced by Quiroz Zapata, writing, "There is no question that plaintiff meets the standard for irreparable harm. She has been sent to a country that refused to accept her because they cannot provide sufficient medical care. As a result, she faces a daily risk of medical complications, up to and including death."
The court ordered the administration to bring Quiroz Zapata back to the US as soon as possible and to provide a status update by 5 pm Friday on steps taken to facilitate her return.
This case highlights the legal and humanitarian challenges of the third-country deportation policy, which has faced criticism from immigrant rights advocates and legal experts.
