DEPORTEE DEAL - Jamaica offers to accept non-nationals being booted from US

Kingston and Washington are expected to begin talks on an agreement first pitched by a senior Jamaican government official that could see the island accepting up to 10,000 non-Jamaicans being deported from the United States.

A document from the United States Embassy in Kingston, seen by The Gleaner, outlines the operational framework for the proposed Third-Country Nationals (TCN) agreement, which has triggered controversy in several countries that have entered into similar arrangements with Washington.

The TCN deals came under local scrutiny last year when a Jamaica man, Orville Etoria, was deported from the United States to the African country of Eswatini (formerly Swaziland) in July with no ties to that nation. Following intense international scrutiny and diplomatic pushback, the Eswatini government released and repatriated him to Jamaica in late September 2025 and he was reunited with his family.

Under the proposed memorandum of understanding (MOU), the US would transfer up to 25 foreign nationals every two weeks to Jamaica for an unspecified period.

This is expected to be a case-by-case arrangement, the draft MOU said, in which the US may use its discretion to propose transfers and the Government may, in its discretion, consider accepting the proposal in whole or in part.

The arrangement would explicitly exclude unaccompanied minors, Jamaicans, and individuals convicted of serious criminal offences – “to the extent known to the US government” – except in cases involving violations of US immigration laws.

Prior to any transfer, each “proposed deportee’s biographical, medical and criminal documentation to the extent available and permitted by law” is to be provided to the Dr Andrew Holness-led Government.

Both countries intend that all actions taken under the MOU will be in accordance with respective obligations under the Convention Relating to Status of Refugees, also known as the 1951 Refugee Convention, the document said.

Further, the US wants to assure Jamaica that it would treat any deportee in a manner that is in accordance with its international legal obligations and would not be subjected to persecution on account of race, religion, nationality, membership in particular social group, or political opinion or torture. 

It said this should not occur in Jamaica or in any other country to which Jamaica may subsequently transfer them. 

Public messaging about the agreement would be coordinated by both countries.

Either country would be able to discontinue the arrangement at any time, but a 90-day written notice is required through diplomatic channels.

“Nothing in this MOU is intended to create any rights or obligations under the international or domestic law, including with respect to the disbursement or obligation of funds,” the proposed pact said.

It further outlined that TCNs with a final or expedited order of removal, and individuals who are medically authorised to travel by the US Department of Homeland Security, would be eligible for transfer to Jamaica.

TCNs not admitted by Jamaica would be transferred back to the US.

“The Government of the United States of America intends to propose to the Government of Jamaica to transfer to Jamaica up to 25 individuals every two weeks.

“If at any point, 10 or more individuals transferred by the Government of the United States of America remain in Jamaica for more than 30 days, the Government of the United States of America will pause proposing the transfer of additional individuals until fewer than 10 transferred from the United States under the MOU remain in Jamaica,” the document said.

It said the Jamaican Government may decide to exceed any figure at its discretion and, in such a case, would inform the US.

At the same time, the proposed MOU stated that the agreement does not financially commit either the US or Jamaican governments.

However, it said the US intends to review available foreign assistance funds to support the initiative and plans to pay a qualified international organisation for services it provides to individuals transferred under the MOU.

It document said that 72 hours prior to a removal, the US intends to send to the Jamaican Ministry of National Security and Peace a flight manifest of the individuals expected to be transferred. Jamaica is expected to provide a response within 36 hours of approved cases.

The deportees are expected to arrive via Norman Manley International Airport in Kingston and personnel from the US Department of Homeland Security are expected to accompany them.

The MOU’s purpose, the document said, stems from the need to prevent the abuse of lawful migration systems to deter illegally facilitated and unlawful cross-border migration and to counter the negative effects of unlawful migration.

The US, under its Immigration and Nationality Act, has leveraged bilateral deals, financial packages, and geopolitical pressure to secure agreements with more than 30 countries across Latin America, Africa, Europe, and Asia to accept non-citizens.

Signed agreements or active operational frameworks exist in several CARICOM countries, including Belize, Antigua and Barbuda, Dominica, St Kitts and Nevis, and St Lucia.

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