Asylum seekers may be sent to Uganda

Asylum seekers may face attempts to be removed to a third country without having their U.S. asylum claim heard. Let’s break it down.

Is this even legal?
In some situations - yes: U.S. immigration law includes mechanisms for “third-country removal” and separate rules/approaches associated with “safe third country.”

In most cases, a decision to remove someone to a third country happened after the person was found ineligible for any form of protection that would allow them to remain in the United States. However, in some situations the government may try to use removal to a third country as an alternative to allowing the person to seek asylum or other protection in the U.S.

What is “safe third country”?
The term “Safe Third Country” is tied to a statutory exception: if a valid “safe third country” agreement applies to a person, it can limit the ability to apply for asylum in the U.S.

When using these mechanisms, the government must ensure the person will not face persecution in the third country and will have access to a “full and fair procedure” for seeking protection (or equivalent temporary protection).

Key nuance: “safe third country” and “third-country removal” are not the same thing. In practice, discussions often focus on third-country removal, not classic “safe third country” processing.

Who can this apply to?
Potentially, people in removal proceedings in immigration court. In practice, these issues are raised more often in the court system.

Where could someone be sent?
There have been reports of attempts to remove people to Uganda as a third country. In particular, it has been reported that starting on December 10, 2025, prosecutors in New York began filing motions raising removal to Uganda.

How does it work?
A prosecutor files a motion asking the court for a procedural outcome in the case while also raising removal to a third country (for example, Uganda). There have been reports of such motions being filed at the last minute - 1 day before an individual hearing.

What should you do?

1. You have the right to ask for more time - you can tell the judge that each proposed third country has specific rules and exceptions, so you need time to understand whether it applies to you. Court rules generally provide 10 days to respond to a government motion. You can ask for at least 10 days to review the motion and prepare your response.

2. You have the right to request time to seek protection from that country - if you fear you will be harmed there. You can request time to gather evidence of that risk.

3. You have the right to ask the judge to evaluate whether the approach truly applies to you - even if the judge denies more time, you can ask the judge to closely review the basis of the motion and request proof that the proposed country will actually allow you to enter.

4. An attorney can point out defects in the motion - for example, missed deadlines, lack of proper service/notice, missing signatures, or other procedural violations.

5. You have the right not to agree to “voluntary departure” and to appeal - you can appeal a judge’s decision if you believe it was wrong. If you plan to appeal, tell the judge in court that day. You will then have 30 days to file a Notice of Appeal with the BIA using Form EOIR-26. If you appeal, the removal order is not final while the appeal is pending, and you should not be removed until it is decided.

6. Start preparing now - collect information about Uganda and other countries, along with reports and evidence explaining why you may not be safe there.

7. Buy as much time as possible - agreements and “third-country removal” practices can be challenged in court. The case U.T. v. Bondi is referenced as challenging the legality of certain aspects of these approaches.

Related links:

• Asylum Cooperative Agreements: What You Must Know
• Third-Country Removals in United States Immigration Policy
• Uganda - Third country deportation watch
• Matter of C-I-G-M- & L-V-S-G-

Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.