Withholding of Removal: Can the US Deport You to a Third Country?

If you are from Russia or another country and fear deportation, you may have heard that the US government sometimes sends people to a country other than their home country. This is not a rumor — it is a real legal mechanism, and understanding how it works could be critical to your case.

What the Attorney Says

Immigration attorney Ilya Fishkin (NY Bar, 20+ years of experience) explains that when a person receives a deportation order — known in immigration court as a withholding of removal situation — the government may be blocked from sending that person back to their home country. This typically happens when someone has a political or protection-based case: for example, a person from Russia who cannot be safely returned there.

"It's called a vyskhodnik," Fishkin explains, using the informal term immigrants often use for a removal order. "It means the government has a deportation order against you, but they simply cannot deport you to that specific country."

However — and this is the critical point — being protected from deportation to your home country does not mean you are safe from deportation altogether. The US government has the ability to remove a person to a third country instead. Fishkin notes that in some cases, people from Russia have been sent to Moldova, apparently through some kind of agreement or arrangement between governments. "Somehow, through some kind of agreement — I'm not entirely sure of the details — the person was taken to a third country and sent there," he says.

This means that even if you have a withholding of removal order that protects you from being sent back to Russia, you could potentially be deported to another country entirely — one you may have no ties to whatsoever.

What You Should Do

The attorney's account makes clear that this is a complex and evolving area of immigration law. If you or someone you know has a removal order — even one that includes protection from deportation to your home country — here are general steps to take:

• Consult an immigration attorney immediately. A withholding of removal order does not automatically protect you from all deportation. An attorney can review your specific order and advise you on what protections you actually have.
• Do not assume you are fully protected. If you have been told you cannot be deported to your home country, ask your attorney specifically whether you could be removed to a third country.
• Stay informed about your case status. Immigration situations can change. Keep in close contact with your legal representative and make sure you know the current status of any orders in your case.
• Document your ties and risks. If you have no connection to a potential third country and face risks there, this information may be relevant to your legal strategy. Discuss it with your attorney.

FAQ

Q: What is withholding of removal? A: Withholding of removal is a legal protection that prevents the US government from deporting someone to a specific country — usually because that person faces danger there. However, it does not necessarily stop deportation to a different, third country.

Q: Can the US really deport someone to a country they've never lived in? A: According to attorney Ilya Fishkin, yes — in some cases the government has sent people to third countries. He describes cases where individuals from Russia were sent to Moldova, apparently based on some form of inter-governmental arrangement, even though those individuals had protection from deportation to Russia specifically.

Q: If I have a withholding of removal order, am I safe from deportation? A: Not necessarily. A withholding order protects you from being sent to one specific country, but the US government may still be able to deport you elsewhere. This is why it is essential to speak with an immigration attorney who can evaluate the full scope of your order and your options.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.