10 Shocking Impacts of ICE's Immoral Strategy: Throwing Out Asylum Cases to Deport to Third Countries

QUICK ANSWER

Ice’s immoral strategy: throwing out asylum cases to deport to third countries is a troubling trend that impacts many seeking refuge.

Yes. ICE is increasingly asking immigration judges to “throw out” asylum cases so the government can deport people faster—sometimes to third countries they’ve never lived in. Legally, this is often done by pretermitting the asylum claim, meaning the judge never hears the case on the merits. If ICE files this type of motion, what you file and say in court—often within days—can determine whether you are deported and where you are sent.

FAST FACTS

Who is affected: Asylum seekers in removal proceedings with pending cases
Risk level: High
Timeline urgency: Immediate (often days, not weeks)
Attorney needed immediately: Yes
Core danger: Loss of asylum protections + exposure to third-country deportation

WHAT DOES IT MEAN WHEN ICE TRIES TO “THROW OUT” AN ASYLUM CASE?

When ICE asks a judge to “throw out” an asylum case, it is usually asking the court to pretermit the asylum application.

Pretermission means:

No merits hearing
No testimony
No credibility findings
No country-conditions analysis

ICE has increasingly relied on procedural shortcuts like this alongside other aggressive enforcement tactics, including arrests and detentions tied to case posture rather than merits. Herman Legal Group has documented this trend in detail in its analysis of
Why ICE Is Now Waiting at USCIS Interviews.

WHY ICE IS DOING THIS NOW

According to reporting by
CBS News and
Reuters,
ICE is under pressure to accelerate removals and reduce immigration court backlogs as part of a broader 2026 enforcement expansion.

Key drivers include:

Backlog-reduction mandates
Expanded detention funding
Increased reliance on post-order and third-country removals

Policy analysis from the American Immigration Councilexplains that once asylum protections are procedurally eliminated, ICE gains wide discretion not only over when a person is deported, but where.

HOW “THROWING OUT” AN ASYLUM CASE ENABLES THIRD-COUNTRY DEPORTATION

Once an asylum case is pretermitted:

Asylum-based bars to removal disappear
Fear claims tied to the asylum case may no longer block deportation
ICE can designate alternative countries of removal

Under third-country removal authority, DHS may deport someone to a country:

Where they are not a citizen
Where they have never lived
Where they may not speak the language
Where they have no family or legal support

Recent appellate developments summarized by PBS show that immigration courts and the BIA are increasingly permitting these removals under existing law.

POLICY AND HUMAN-RIGHTS CRITICISMS OF THIRD-COUNTRY REMOVAL

Third-country deportation has drawn sustained criticism from policy experts and human-rights organizations.

The United Nations Office of the High Commissioner for Human Rights warned that third-country removals without adequate safeguards risk violating international law and denying access to protection
(UN OHCHR statement).
Human Rights First documented cases in which people deported to third countries faced arbitrary detention, abuse, or legal limbo after removal
(Human Rights First report).
Amnesty International USA has warned that third-country deportations increase the risk of refoulement and undermine core asylum protections
(Amnesty USA analysis).
Legal scholars, including Professor Sarah Sherman-Stokes, have argued that third-country removals can conflict with U.S. statutory asylum protections and international non-refoulement obligations.

These concerns are amplified when asylum claims are never heard at all because they are pretermitted.

CONSEQUENCES: WHAT HAPPENS IF YOU DO NOTHING

If You Do Nothing

ICE’s motion is often granted
Your asylum case ends without a hearing
Removal planning begins immediately

Worst-Case Scenario

Sudden detention
Deportation to a third country
No opportunity to present fear evidence

Best-Case Scenario

Judge denies ICE’s motion
Case proceeds to a merits hearing
Procedural protections remain intact

Herman Legal Group has repeatedly warned how quickly enforcement can escalate once procedural protections are lost, including in
What to Do If ICE Comes to Your Door and
How to Prepare for an ICE Arrest.

Quick Advice

How to Respond When ICE Tries to Throw Out an Asylum Case

Object on the record
Request time to respond
File written opposition
Preserve fear claims, including third-country fear
Consult experienced immigration counsel

STRATEGIC PLAYBOOK: HOW IMMIGRANTS AND LAWYERS CAN OPPOSE ICE PRETERMISSION AND THIRD-COUNTRY REMOVAL

Strategy 1: Force ICE to Litigate the Merits

ICE often frames pretermission as routine procedure. It is not.

Key actions:

Object on the record
Demand a merits hearing
Argue that pretermission unlawfully bypasses asylum statutes
Preserve issues for appeal

Pretermission is discretionary — judges are not required to grant it.

Strategy 2: Raise Third-Country Fear Early and Explicitly

Judges will not consider fear of a third country unless it is raised.

Lawyers should:

Put third-country fear clearly on the record
Argue lack of notice and inability to prepare fear evidence
Cite due-process concerns raised by policy and human-rights bodies

Failure to raise this early is often treated as waiver.

Strategy 3: Due-Process and Notice Challenges

ICE motions frequently:

Fail to identify the proposed country of removal
Provide inadequate time to prepare
Prevent meaningful evidence gathering

These defects support:

Objections
Continuances
Written briefing
Appellate preservation

Strategy 4: Record-Building for Appeal and Federal Court

Even if the judge grants pretermission:

The administrative record is critical
Objections must be explicit
Fear claims must be documented

HLG’s broader guidance on Deportation Defense and Removal Proceedings emphasizes that many successful challenges begin with strong record-building at the immigration court level.

Strategy 5: Psychological and Family Harm Evidence

Abrupt case termination often affects families and children.

HLG has documented the mental-health consequences of sudden enforcement actions in
Mental Health Crisis for Children and Adults Due to ICE Raids,
which can support hardship arguments and due-process claims.

RED FLAGS AND COMMON MISTAKES

Agreeing to “throw out” language without clarification
Assuming dismissal equals safety
Failing to raise third-country fear
Missing briefing deadlines
Appearing without counsel
Posting case details publicly
Traveling after case termination

FREQUENTLY ASKED QUESTIONS:

ICE “THROWING OUT” ASYLUM CASES & THIRD-COUNTRY DEPORTATION

1. What does it mean when ICE tries to “throw out” an asylum case?

It means ICE is asking the immigration judge to end the asylum case without ever hearing the claim. This is often done through a legal mechanism called pretermission, which prevents the judge from evaluating fear, persecution, or credibility.

2. Is “throwing out” an asylum case the same as losing asylum?

No. Losing asylum means the judge heard your case and denied it. When a case is thrown out, the judge never considers the asylum claim at all, which can be more dangerous procedurally.

3. Why would ICE want my asylum case thrown out?

Because it allows ICE to deport you faster, with fewer legal barriers. A pending asylum case blocks removal; a thrown-out case often does not.

4. Can ICE ask to throw out my asylum case even if I filed it properly?

Yes. ICE can still file a motion arguing the court should not reach the merits, even if your asylum application was timely and complete.

5. What is “pretermission” in immigration court?

Pretermission means the court refuses to consider an application based on a threshold legal argument, rather than deciding the case after testimony and evidence.

6. Do judges have to grant ICE’s request to pretermit asylum?

No. Immigration judges have discretion. ICE often presents pretermission as routine, but judges are not required to grant it.

7. Can I object if ICE tries to throw out my asylum case?

Yes. You have the right to object on the record, request time to respond, and argue that your case should be heard on the merits.

8. What happens if I say nothing in court?

Silence is often treated as agreement. If you do not object, the judge may grant ICE’s motion without further analysis.

9. How fast can deportation happen after my asylum case is thrown out?

In some cases, very quickly. Once asylum is no longer pending, ICE can move directly into detention and removal planning.

10. Can ICE deport me to a country I’ve never lived in?

Yes. Under third-country removal authority, ICE may deport someone to a country other than their country of nationality.

11. What is a “third country” in immigration law?

A third country is a country that is not your home country, where you may have no citizenship, residence history, or family ties.

12. Will the judge automatically consider my fear of being deported to a third country?

No. You must raise fear of third-country removal explicitly, or the court may not consider it at all.

13. Can ICE choose a third country without telling me in advance?

In some cases, ICE provides little or no advance notice, which is why raising due-process objections early is critical.

14. Is third-country deportation legal?

The government argues it is permitted under existing law, but it is heavily criticized by policy experts, human-rights organizations, and legal scholars, and is being challenged in court.

15. What are the risks of third-country deportation?

Risks include detention abroad, lack of legal status, inability to access asylum systems, language barriers, and exposure to harm without protection.

16. Can I argue that third-country deportation violates my rights?

Yes. Lawyers often raise due-process arguments, lack of notice, inability to prepare fear claims, and risk of persecution or harm.

17. Does throwing out my asylum case affect my work permit?

Often yes. Asylum-based work authorization is typically tied to a pending asylum application.

18. Can I refile asylum if my case is thrown out?

Sometimes, but it becomes significantly harder and may be barred depending on the procedural posture and timing.

19. Can I appeal if the judge throws out my asylum case?

Often yes, but appeal deadlines are short, and missing them can permanently close options.

20. Will ICE detain me if my asylum case is thrown out?

Detention becomes much more likely once asylum protections are gone, especially in enforcement-heavy jurisdictions.

21. Does this affect families and children differently?

Yes. Families and children may face abrupt separation, detention, or deportation without a hearing, which raises additional legal and humanitarian concerns.

22. Should I agree to dismissal if ICE offers it as an “easy option”?

You should never agree without legal advice. What sounds harmless can eliminate critical protections.

23. Can ICE use this tactic against long-pending asylum cases?

Yes. Length of time pending does not necessarily protect a case from procedural termination.

24. What should I say in court if ICE files this motion?

You should clearly state that you oppose pretermission, request a merits hearing, and assert fear of removal, including fear related to any third country.

25. Is it dangerous to go to court without a lawyer in these cases?

Yes. These motions involve procedural and strategic issues that are difficult to navigate without counsel.

26. Does this strategy apply nationwide or only in certain courts?

It is appearing nationwide, but enforcement intensity varies by court and region.

27. Are Ohio immigration courts seeing this trend?

Yes. Cleveland and other Ohio-area courts are increasingly impacted by accelerated enforcement tactics.

28. Can social media posts or public statements hurt my case?

Yes. Public statements can be used to challenge credibility or intent.

29. What is the biggest mistake people make in these situations?

Failing to object early and failing to raise fear of third-country removal on the record.

30. When should I contact an immigration lawyer?

Immediately—before or as soon as ICE files a motion. Early intervention can preserve rights that are otherwise lost.

WHEN TO TALK TO A LAWYER

If ICE has filed—or may file—a motion to throw out your asylum case, time matters. Early legal intervention can preserve due-process protections and reduce the risk of sudden removal to a third country.

You can schedule a confidential consultation through
Herman Legal Group’s consultation page

Resource Directory: Third-Country Deportation, ICE “Throw-Out” Motions, and Immigration Court Survival Tools

Breaking reporting and explainers on ICE trying to “toss/throw out” asylum cases

What “third-country removal” is and why experts criticize it

Litigation, practice alerts, and “what to argue” resources on third-country removal

Immigration court rules, filing rules, motions practice, and appeals

These are the primary references journalists and lawyers cite when discussing how motions are filed and what the court requires.

If someone is detained: how to find them, confirm custody, and document the case

HLG internal “read this first” guides for families facing enforcement

Use these as your internal-link cluster at the end of the article (and throughout the body).

HLG internal links on Ohio enforcement and community response

HLG internal links on “enforcement traps” at USCIS interviews and vetting

These links help connect your asylum-court playbook to the broader HLG theme: procedural posture becoming an enforcement trigger.

Mental health and family-impact resources (useful for hardship evidence and public narrative)

Midwest and multi-state defense resources

Essential Midwest Deportation Defense Organizations and Legal Strategies

Get Help Now

Book a Consultation with Herman Legal Group

Success Stories

ICE Seeks to “Throw Out” Asylum Cases to Deport People to Third Countries Faster: What It Means, What to File, and What to Say in Immigration Court

Table of Contents