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Outsourcing Deportation: The Expansion of Third Country Removal
Outsourcing Deportation: The Expansion of Third Country Removal

Outsourcing Deportation: The Expansion of Third Country Removal

As of May 2026, the United States has agreements with at least 27 countries to accept deportees who are neither nationals nor citizens of those countries. Seen from one perspective, this emerging regime looks like a natural extension of efforts by the United States and other countries to externalize refugee obligations and offshore migrant policing. In practice, however, third country deportation is more sinister — more akin to an illegal, “black site” extraordinary rendition than a judicial removal proceeding.

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The Shakedown

The overt gangsterfication of US foreign policy, formalized through the so-called “Board of Peace,” marks the culmination of a dangerous transformation in the nature of American hegemony.

Law & Political Economy, or Legal Theory & Capitalism?

What is this thing called capitalism? What, if anything, is the use of legal theory in understanding capitalist society? Is anything gained, or anything lost, if we replace the phrase “Law and Political Economy” with “Legal Theory and Capitalism”? Answers to these questions (and more!) in a hot new double issue of Law & Contemporary Problems.

Muskism as Fordism

Coined by a German economist in 1926, Fordism came to describe the dominant political-economic order of the mid-twentieth century. Could “Muskism” play a similar role in the twenty-first? How should we understand its distinctive regime of accumulation, and what kind of social contract does it propose?

Recent

A Tale of Two Seas

For much of the past century, international lawyers have sought to drive a wedge between “economic” matters and the use of military force. Recent events in the Caribbean and the Strait of Hormuz suggest that wedge is no longer viable.

Weekly Roundup: May 23

Ntina Tzouvala and Zohra Ahmed on international law under Trump 2.0, Dylan Saba on the ganster-fication of US foreign policy, and Matthew Scherer on the dangers of an AI bubble. Plus, the first-ever ALPE elections, Nikolas Bowie’s congressional testimony on court packing, David Pozen and Daniel Hemel on the puzzling absence of university democracy, and. . .

Weekly Roundup: May 15

Sabeel Rahman on legislative supremacy, Joe Soss and Joshua Page on criminal-legal predation, and Justin Deystone on the return of critical legal theory. Plus, new jobs with Rutgers’ Housing Justice Clinic and NYU’s federal Indian Law Clinic, a CFP for junior work law scholars (broadly construed), a report on the nordic-US childcare gap, and. . .

Taking Legislative Primacy Seriously

As we work toward a durable democratic future, a commitment to legislative primacy can serve as an orienting north star. Reaching that goal, however, will require using both legislative and executive tools, especially while we are working with an imperfect, hobbled, and significantly co-opted legislature.