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"These summary expulsions violated the right to seek asylum and the right to a fair hearing and other due process protections prior to deportation," according to a report from Human Rights Watch.
Dozens of non-Costa Rican nationals who were deported to Costa Rica by the Trump administration in February say they did not receive an asylum screening interview before being expelled, according to a report released by Human Rights Watch on Thursday.
The report alleges that the U.S. government did not follow the "minimal, if deficient" protections around the right to seek asylum and the right not be returned to harm, and kept those expelled in "inhumane conditions" while they were detained in the United States.
The report explores one instance of the Trump administration expelling migrants to a country besides their country of origin, a tactic the administration has repeatedly reached for as part of its immigration crackdown.
In the report, Human Rights Watch calls on the U.S. government to stop expelling or transferring noncitizens to third countries.
In February, Costa Rica received two flights with 200 deportees, including 81 children, from the U.S. as part of an expulsion agreement, the details of which have not been disclosed, according to the report.
"I genuinely think the [U.S.] authorities treated us so poorly, held us in those horrendous, degrading conditions, to force us to sign those volunteer deportation papers as fast as possible and maybe also to tell others, so that people would be scared to seek asylum, to come to the U.S.," said one 33-year old woman from Russia who was deported to Costa Rica.
In some cases, U.S. officials separated families when carrying out the expulsions to Costa Rica. In one instance, U.S. Customs and Border Protection (CBP) sent an Iranian man and his daughter to Costa Rica but kept the girl's stepmother in the U.S., according to the report.
Human Rights Watch interviewed dozens of the migrants sent to Costa Rica and heard stories from those people that, "if true, indicate that people fled persecution based on factors such as ethnicity, religion, gender, family associations, and political opinion."
U.S. law guarantees the right to apply for asylum, and while many of those who spoke to Human Rights Watch appeared to have strong claims, only two out of 36 people interviewed by the group had a screening interview for asylum in the U.S. before being deported to Costa Rica. Almost all of the 36 people said U.S. officials ignored their repeated attempts to request asylum, per the report.
Some of the people whom Human Rights Watch spoke to had been in Mexico and made appointments to present themselves at a U.S. point of entry to seek asylum through an application developed by CBP, CBP One. When the Trump administration canceled all pending appointments through CBP One, some went to U.S. checkpoints to request asylum, while others crossed irregularly, such as by climbing over or through gaps in the border wall and then sought out or "waited for" U.S. border agents, according to the report.
Once apprehended, those who spoke to Human Rights Watch reported conditions such as freezing temperatures, little access to showers, and families being separated while being held at immigration processing centers.
"In every case documented by Human Rights Watch, DHS expelled people to Costa Rica without following the deportation processes set forth in U.S. law—not even the streamlined process known as 'expedited removal,'" according to the report, referencing the U.S. Department of Homeland Security. "Instead, acting under the purported authority of a presidential proclamation, DHS agents sent people to Costa Rica, a country of which they are not nationals and to which they had no intention of traveling."
"These summary expulsions violated the right to seek asylum and the right to a fair hearing and other due process protections prior to deportation, in violation of statutory and constitutional guarantees and international treaties ratified by the United States," the report states.
The people interviewed by Human Rights Watch reported that they were not given the necessary documents required to be issued during a deportation proceeding. They reported being taken to an airfield and given no explanation until they were about to board the plane to Costa Rica.
Human Rights Watch says those deported were then initially subject to arbitrary detention in Costa Rica, and in practice they were not allowed to freely leave the center where they were being held except under certain circumstances. The Costa Rican government says they were not "detained" and indicated instead that freedom of movement was limited for their own safety, according to the report.
In April, officials in Costa Rica told them they could obtain a humanitarian permit that would give them 90 days to apply for asylum in Costa Rica or leave the country.
"The risk of famine in Gaza is increasing with the deliberate withholding of humanitarian aid," said the head of the World Health Organization.
As Israeli leaders were split over a plan to allow a "minimal" amount of aid into Gaza on Monday, Palestinian and global civil society groups issued a call for an international humanitarian mission that would go much further in fighting the looming famine across the enclave.
With the World Food Program and the United Nations Relief and Works Agency for Palestine Refugees in the Near East having "exhausted their reserves," more than 750 international groups joined "Unified Call to Confront Famine" and ensure the blockade stopping more than 3,000 food aid trucks and 116,000 metric tons of food are allowed into the enclave.
"We are witnessing, in real time, the deliberate starvation of a civilian population as a method of warfare," said Human Rights Watch (HRW), which also joined the call, in a statement. "Over 2 million Palestinians in Gaza are living in famine."
The group echoed an address by Tedros Adhanom Ghebreyesus, director-general of the World Health Organization (WHO), at the World Health Assembly on Monday in Geneva.
"The risk of famine in Gaza is increasing with the deliberate withholding of humanitarian aid," said Tedros. "The WHO has said around a quarter of the 2.1 million population in Gaza are facing 'a catastrophic situation of hunger, acute malnutrition, starvation, illness, and death' due to the Israeli blockade."
With aid that is "ready and waiting to enter Gaza" entirely blockaded by Israel since March 2, just before the Israel Defense Forces (IDF) broke a temporary cease-fire, civil society groups said states should join a "Diplomatic Humanitarian Convoy to Gaza through the Rafah Crossing."
In the convoy, official diplomatic missions would accompany thousands of aid trucks into Gaza, coordinating with the United Nations and the government of Egypt.
"Inaction will lead to mass death by starvation, enable further grave illegalities, and undermine the international legal system."
Supporting groups noted that governments that are "complicit in the ongoing atrocities," such as the U.S., the top international IDF funder, and called on "individual diplomats, parliamentarians, and ministers from those countries to join the convoy in their personal capacities." They also called on international media outlets to join—"to bear witness, to document the famine, and to expose the blockade starving Gaza."
"This is a human imperative," said HRW. "A Diplomatic Humanitarian Convoy would mark a historic step to break the siege, end the starvation, and affirm the world's rejection of hunger as a weapon of war."
The call came a day after Israeli Prime Minister Benjamin Netanyahu said the government's "greatest friends in the world" had made clear that they "cannot accept images of hunger, mass hunger."
Images of Palestinians in Gaza suffering from a lack of food, medicine, water, and other aid have been widely available since long before the current blockade, but Netanyahu's comments suggested that allies like the U.S. government have applied pressure to allow aid into the enclave.
On his trip to the Middle East last week, U.S. President Donald Trump said the U.S. would have the looming famine in Gaza "taken care of."
The Integrated Food Security Phase Classification (IPC), a United Nations-backed food insecurity initiative, said last week that at least 244,000 people in Gaza are facing Phase 5-level hunger, defined as "extreme deprivation of food."
"Starvation, death, destitution, and extremely critical levels of acute malnutrition are or will likely be evident," said the IPC.
The entire enclave is in Phase 4, which is characterized by "large food consumption gaps... very high acute malnutrition and excess mortality."
Aid and medical workers are struggling to treat thousands of children who have been diagnosed with acute malnutrition.
"We currently are lacking nutrition rehabilitation supplies and equipment, including pharmaceuticals," said Richard Peeperkorn, WHO representative in the occupied Palestinian territories. "Because of the blockades, supplies are dwindling rapidly."
Nutritionist Rana Soboh toldThe Associated Press Monday that she treated a mother who had fainted while breastfeeding her newborn after having gone days without eating.
The next day Soboh met a mother of a malnourished 1-year-old boy who weighed just 11 pounds, having lived his entire life during Israel's bombardment of Gaza and the near-total blockade that began in October 2023 in retaliation for a Hamas-led attack.
"He hadn't grown any teeth," the AP reported. "He was too weak to cry. The mother was also malnourished, 'a skeleton, covered in skin.' When the mother asked for food, Soboh started crying uncontrollably."
A U.N. official said Monday that under Netanyahu's plan to provide "minimal" aid, 20 aid trucks carrying food was expected to enter Gaza; before Israel began its assault on Gaza, about 500 trucks entered the enclave per day.
Israeli National Security Minister Itamar Ben-Gvir has objected to the tiny amount of food that may soon enter Gaza, saying it will "fuel Hamas and give it oxygen."
Netanyahu said the plan would be a "bridge" to a new aid system in which a private foundation and U.S. security contractors would distribute humanitarian assistance. The U.N. has rejected the proposal, saying it is "at odds with the DNA of any principled humanitarian organization."
HRW said the call for all humanitarian aid to enter Gaza in diplomatic convoy was grounded in "international law, shared morality, the Genocide Convention, the International Court of Justice's provisional measures, [and] the U.N. Charter."
"Inaction," said the group, "will lead to mass death by starvation, enable further grave illegalities, and undermine the international legal system."
Also Thursday, Human Rights Watch released a report calling on Congress to repeal the wartime authority, the statute invoked by the U.S. President Donald Trump in March to deport over 130 Venezuelan nationals.
A federal judge ruled on Thursday that U.S. President Donald Trump has illegally invoked the Alien Enemies Act and barred further deportations under the statute, a centuries-old wartime authority used to justify the deportation of over 130 Venezuelan nationals in March to a megaprison in El Salvador.
"The court concludes that the president's invocation of the AEA through the proclamation exceeds the scope of the statute and, as a result, is unlawful," according to U.S. District Judge Fernando Rodriguez, Jr., a Trump appointee.
The judicial rebuke comes the same day that the group Human Rights Watch issued a report making the case that the Alien Enemies Act (AEA) is "entirely incompatible" with modern international law that constrains the United States with respect to human rights, and therefore should be repealed.
The report from Human Rights Watch, titled United States: Repeal the Alien Enemies Act, A Human Rights Argument, explains that the AEA was codified in 1798 and gives the president authority to detain and expel noncitizens who are nationals of a foreign country considered hostile.
The president can draw on these powers when there is a "declared war" between the U.S. and a foreign power, or when an "invasion or predatory incursion is perpetrated, attempted, or threatened" against the U.S. by a foreign nation.
When invoking the AEA, Trump accused the Venezuelan gang Tren de Aragua (TdA) of "perpetrating, attempting, and threatening an invasion or predatory incursion" in the U.S., and said that the men targeted for deportation under the AEA have ties to TdA—though available reporting also casts doubt on this assertion.
The judge in his ruling on Thursday said that the government's evidence that TdA's presence in the U.S. constitutes an "invasion" or "predatory incursion" as characterized by the AEA fell short.
The American Civil Liberties Union cheered the court's decision. ACLU attorney Lee Gelernt said in a statement on Thursday: "The court ruled the president can't unilaterally declare an invasion of the United States and invoke a wartime authority during peacetime."
While the ruling is likely also welcome to Human Rights Watch, which has already spoken out against the administration's use of AEA, in their latest report the group argues that the law should be outright repealed.
"Congress has an important role in challenging the Trump administration's use of this outdated law to supercharge its mass deportation machine," said Akshaya Kumar, crisis advocacy director at Human Rights Watch and lead author of the report, in a statement on Thursday, prior to the release of Thursday's court ruling.
Since 2020, Sen. Mazie Hirono (D-Hawaii) and Rep. Ilhan Omar (D-Minn.) have repeatedly introduced the "Neighbors Not Enemies Act," which would repeal the Alien Enemies Act. The duo reintroduced it again on January 22, days after U.S. President Donald Trump returned to the White House. The report recommends immediate debate and consideration of the Neighbors Not Enemies Act of 2025. With Republican majorities in both chambers, passage of the Neighbors Not Enemies Act is highly unlikely.
The report argues that the United States is not engaged in any war or armed conflict that is relevant to the administration's current use of the AEA, and that the law "was drafted, and has always been applied and interpreted, in a manner that is adversarial to modern-day international human rights law frameworks and the laws of war."
The U.S. is a part of multiple human rights treaties that compel the government to ensure respect for rights like due process, and protection from removal from the U.S. to countries where a person would likely face persecution or torture, according to the report.
For example, in 1994 the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) was ratified by the U.S. with the understanding the treaty "was not self-executing and required implementing legislation to be enforced by U.S. courts," according to a 2009 Congressional Research Service report.
The U.S. did enact statutes and regulations to prohibit the transfer of people to countries where they may be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998.
According to Human Rights Watch, CAT prohibits "the U.S. from expelling, returning, or extraditing any person to a state where there are 'substantial grounds' for believing that he would be in danger of being subject to torture.'"
In Thursday's court ruling, the judge noted the petitioners had invoked this protection under CAT as one of their legal arguments, but the court concluded that it does "not possess jurisdiction to consider petitioners' challenges" to Trump's AEA executive order based on CAT.