Philadelphia, PA asked in Constitutional Law, Immigration Law and Civil Rights for Pennsylvania

Q: Can Venezuelans be deported to El Salvador?

How can Venezuelans be deported to El Salvador to be put in jail, and does this violate multiple laws since they're not even being sent back to their own country?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Generally, countries deport non-citizens to their country of citizenship or permanent residence, not to third countries. Deporting Venezuelans to El Salvador instead of Venezuela would be highly unusual under normal immigration enforcement practices. This type of third-country deportation would likely raise serious legal concerns under both international refugee law and human rights standards.

The principle of non-refoulement, found in several international treaties including the 1951 Refugee Convention, prohibits returning refugees to territories where they face persecution or serious harm. Sending Venezuelans to El Salvador where they have no legal status could potentially violate this principle, especially if El Salvador would subsequently deport them or if they would face dangerous conditions there.

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