60 Minutes Extended Interview: Homeland Security's James Percival on Third-Country Deportations
Oct 28, 2026
James Percival, DHS general counsel specializing in immigration and homeland security law, discusses the expansion of third-country deportations with investigative journalist Gianna Toboni. They examine Ghana’s role, non-refoulement disputes, deportation documents, detention limits, criminal removals, due process, and the tension between public safety and humanitarian concerns.
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From Occasional Cases To A System
- Percival distinguishes earlier third-country removals as occasional cases from the Trump administration’s systematic diplomatic effort.
- He argues Congress created a flow chart requiring officials to find another destination when the home country is unavailable.
How Notice And Assurances Work
- Notice primarily enables deportees to raise a fear claim before removal.
- Diplomatic assurances can change the procedure when the State Department finds a foreign government’s promise not to persecute or torture credible.
Deportees Cannot Choose Their Destination
- Deportees cannot select from a menu of destinations; officials send them wherever a government agrees to accept them.
- People can instead leave voluntarily for their home country, with a free flight and a $3,000 payment.