Expelled into the Unknown – South American Asylum Seekers Deported by the United States to the Democratic Republic of the Congo

Avocats Sans Frontières (ASF) strongly condemns the recent agreement between the Democratic Republic of the Congo (DRC) and the United States facilitating the transfer of asylum seekers detained in the United States to the DRC.

These individuals have gone through the U.S. immigration system and had their asylum claims rejected. However, they cannot be returned to their countries of origin because they face a real risk of persecution or serious harm. On 17 April 2026, a first group of 15 deportees, all from Latin America, arrived in Kinshasa.

Since 2025, the United States has entered into several similar agreements to transfer deported individuals to third countries with which they have no meaningful connection and where guarantees for the protection of fundamental rights and personal safety are inadequate. These practices reflect a broader trend, also observed within the European Union, of externalising migration policies—an approach that Avocats Sans Frontières has consistently condemned.

The agreement concluded with the Democratic Republic of the Congo represents an unacceptable form of commodification of migrants and asylum seekers, and a cynical attempt to pressure vulnerable individuals into accepting so-called “voluntary returns.”

Transfers to third countries enable the United States to circumvent the principle of non-refoulement, a cornerstone of international law enshrined in, among other instruments, the 1951 Refugee Convention, the Convention against Torture, and the International Covenant on Civil and Political Rights. This principle prohibits transferring individuals to countries where they face persecution, torture, inhuman or degrading treatment, or other serious violations of their fundamental rights.

By facilitating these transfers, the Democratic Republic of the Congo risks engaging its own international responsibility. This agreement cannot be presented as a humanitarian response; on the contrary, it contributes to a broader pattern of human rights violations.

Avocats Sans Frontières calls on the Congolese authorities to immediately suspend any further arrivals of migrants or asylum seekers deported by the United States and to terminate this agreement. ASF also urges the authorities to ensure, without delay, effective protection measures for the 15 individuals already present in the country, to clarify their legal status as a matter of urgency, and to refrain from any form of pressure aimed at compelling them to accept so-called “voluntary returns.”