In July 2025, a lawsuit filed by the National Immigration Project on behalf of two migrant families revealed the United States Department of Homeland Security (DHS) deported three American citizens to Honduras. The deportees were between the ages of 2 and 7. They were removed along with their undocumented migrant parents after being detained by Immigration and Customs Enforcement (ICE) agents.
The federal judge who reviewed an additional lawsuit filed by one of the families mentioned the complaint strongly suggests DHS deported the children without “meaningful process.” When asked to comment on the lawsuit, White House “border czar” Tom Homan explained the deported mothers insisted on being removed with their children. However, the complaint alleges ICE agents forbade them from contacting an immigration lawyer such as a San Diego immigration attorney. One of the children was receiving cancer treatment and didn’t have access to medical care until landing in Honduras.
U.S. Citizens
ICE agents have arrested and detained dozens of U.S. citizens since President Donald Trump deployed his controversial “deportation force” in January 2025. All have been released except the three children in the lawsuit mentioned above, which most legal analysts expect will be decided in favor of the plaintiffs.
Although you won’t find a provision like “citizens cannot be deported” in the Constitution or U.S. Code, multiple clauses can be interpreted as such. The 14th Amendment grants citizenship and the right to remain in the country as being fundamental to persons born or naturalized in the U.S. Furthermore, the 5th Amendment prohibits depriving persons of liberty without due process, which the deported children didn’t receive.
Going deeper into the law, the preamble to the Immigration and Nationality Act explains that it only applies to noncitizens, thus making the deportation of American citizens impossible. The only exception is when naturalized citizens go through a denaturalization process, which must be ordered by a federal court through revocation of citizenship. In these situations, the defendants become inadmissible foreigners subject to removal.
Refugees and Other Vulnerable Foreigners
Some migrants admitted under special programs cannot be deported to the countries they left. When the State Department authorizes humanitarian programs for countries engulfed in armed conflict, for example, refugees shouldn’t be sent back unless their safety can be ascertained.
Foreigners with Temporary Protected Status (TPS) are also protected from deportation for as long as the program is active. The same applies to asylum seekers whose valid claims have been filed as well as victims of cross-border human trafficking. These protections from deportation, however, aren’t as strong as they are for citizens. When migrants in special programs are convicted of felony offenses, immigration fraud, or crimes of moral turpitude as defined by INA Section 212(a), they’re subject to removal to a third country. This should not be automatic or expedited. Migrants in special programs have the right to discuss their cases with immigration law firms and challenge deportation notices in federal court.
The U.S. has signed agreements with Ghana, Honduras, Rwanda, and other countries to accept foreigners who can’t be deported to their countries of origin. The second Trump administration holds the record for third-country transfers. Unfortunately, many of these removals were reportedly conducted without due process.
For more information on issues such as citizenship, naturalization, and family-based immigration, San Diego residents should reach out to the experienced immigration attorneys at KS Visa Law. Call us today to schedule an appointment.
