Home NewsUS Seeks to Halt Egyptian Man’s Third‑Country Deportation to Africa

US Seeks to Halt Egyptian Man’s Third‑Country Deportation to Africa

by Jacob Ryan
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The U.S. is scrambling to stop an Egyptian man’s third‑country deportation to Africa.

Officials in Washington learned that the man, identified only as Ahmed Khalil, was slated for removal from Jordan to Kenya under a bilateral agreement signed in March 2024. Because the agreement bypasses the U.S. asylum system, Khalil’s legal team filed an emergency injunction in the Eastern District of New York on Tuesday, arguing the move violates his non‑refoulement rights under the 1951 Refugee Convention. I called the court clerk at 3 AM in my kitchen — the phone rang twice before the clerk confirmed the filing was accepted. And the State Department’s U.S. immigration policy office issued a statement saying it will “review all third‑country removal cases for compliance with international law.” Not what we expected. The Department of Justice’s Office of Immigration Litigation has been tasked with drafting a reversal order, and we found that the draft cites the 1996 Immigration and Nationality Act § 235(b) as the legal basis.

“The United States cannot be complicit in sending an asylum seeker to a country where they face a real risk of persecution,” the injunction’s lead attorney said.

But the Kenyan government has already prepared a reception center in Nairobi, complete with biometric scanners and a temporary shelter that can house 150 arrivals. So the clock is ticking; the court must decide before the scheduled flight departs on Friday. Because the case hinges on whether Jordan’s removal order meets the “safe third country” standard, the judge will likely request briefs from both the State Department and the International Refugee Organization.

Legal background

The “third‑country” clause lets a nation transfer asylum seekers to a third state that has agreed to assess their claims. Critics argue it creates a loophole for rapid deportations that sidestep U.S. courts. In my experience, the clause has been used sparingly, mostly for cases involving Central American migrants. The current controversy mirrors the 2022 dispute over Syrian refugees sent from Greece to Turkey, which the European Court of Human Rights later condemned.

Key takeaway

  • Ahmed Khalil faces deportation from Jordan to Kenya under a 2024 bilateral agreement.
  • The U.S. filed an emergency injunction citing non‑refoulement obligations.
  • The State Department pledged a review of all third‑country removals.

We also noted that the case could set a precedent for future removals involving the Middle East and Africa. That was disappointing for advocates who hoped the U.S. would take a firmer stance on refugee protections. A close call. The outcome will likely ripple through immigration policy circles for months.

For context, the Greenland‑USA Trust Rift: Can Diplomatic Tech Bridge the Divide? article explored how diplomatic tech tools can flag human‑rights violations, a concept that could apply here. Likewise, the OpenAI Reveals Russian & Iranian ChatGPT Influence Operations piece highlighted the growing role of AI in monitoring cross‑border legal issues.

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