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ICE Deported Mexicans Who Had Won Protection Against Torture, Revoking It Without a Judge on 'Diplomatic Assurances'

The New York Times reported on August 7, 2026 that ICE deported a group of Mexican nationals who had won deferral of removal under the Convention Against Torture, an international treaty protection that bars sending someone to a country where they are likely to be tortured. According to the report, ICE Director David Venturella revoked those protections unilaterally, relying on diplomatic assurances that the State Department obtained from the Mexican government that the deportees would not be harmed.

Immigration experts flagged the move as unusual because torture-based protections are normally lifted only with an immigration judge's authorization, not by the agency on its own. The Department of Homeland Security defended the removals, describing the group as including alleged gang members and drug traffickers, “a child rapist and a murderer.”

The specific case sits on top of a documented policy shift. NBC News reported that a July 9, 2026 ICE memo signed by acting Director Todd Lyons allows officers to deport people to third countries even when there is a risk of persecution or torture, so long as the State Department deems a country's diplomatic assurances credible. The particular Mexican deportations were first reported by the Times, and outlets that carried the story credited it; the underlying policy is independently confirmed. The concern is a system in which a treaty protection against torture can be switched off by administrative fiat.


  • 01August 7, 2026: the New York Times reported ICE deported a group of Mexicans who had won deferral of removal under the Convention Against Torture
  • 02The protection bars deportation to a country where a person is likely to be tortured
  • 03ICE Director David Venturella reportedly revoked the protections unilaterally, relying on 'diplomatic assurances' the State Department obtained from Mexico
  • 04Experts said such protections are normally lifted only with an immigration judge's authorization, not by the agency alone
  • 05DHS defended the removals, describing the group as including alleged gang members, drug traffickers, 'a child rapist and a murderer'
  • 06A July 9, 2026 ICE memo by acting Director Todd Lyons allows deporting people to third countries at risk of torture if the State Department deems diplomatic assurances credible (NBC News)
  • 07The specific Mexican case was first reported by the New York Times; the underlying policy is independently confirmed

Verified across 3 sources