22 de May de 2025 Press Release

Costa Rica: New report exposes human rights violations against migrants expelled from the U.S. and warns: “This cannot happen again.”

• In a new report, CEJIL, AFSC, and SJM-CR denounce that Costa Rica’s agreement with the U.S. exposed migrants to a continuum of human rights violations that should have never occurred.
• They urge the State to refrain from signing agreements of this nature and guarantee access to international protection, as well as humanitarian assistance, work permits, and other measures that support the integration of these individuals into the country.

San José, May 8, 2025 – Human rights organizations denounce that the Costa Rican government participated in a series of human rights violations against migrants expelled by the U.S. government. By receiving these individuals—including children and adolescents—detaining them arbitrarily and illegally for more than 60 days, denying them adequate information, and failing to guarantee the principle of non-refoulement, the Costa Rican State violated their rights to health, physical and emotional integrity, and the right to pursue their life projects.

Additionally, the organizations argue that the measures taken by the Costa Rican State to end the detention—particularly the establishment of a temporary procedure for the regularization of migration status—are insufficient to remedy the harm committed against the migrants and to guarantee their access to rights and dignified, safe integration into the country.

These findings are documented in a report published today by the Center for Justice and International Law (CEJIL), the Jesuit Migrant Service Costa Rica (SJM-CR), and the American Friends Service Committee (AFSC), human rights organizations that conducted a monitoring visit on April 10 to the Temporary Attention Center for Migrants (CATEM-EMISUR) in Paso Canoas, on the border with Panama, where the individuals were being held, and that have provided legal assistance to several of these families during their stay in Costa Rica.

This visit was necessary as a consequence of the verbal agreement between the governments of the United States and Costa Rica, under which Costa Rica would serve as a reception and transit “bridge” for the collective expulsions of at least 200 people from the United States. At the time of the visit—the first time that civil society human rights organizations were allowed to enter CATEM to meet with deportees—94 individuals from Russia, Armenia, China, Nepal, India, the Republic of Congo, Yemen, Afghanistan, Uzbekistan, and other countries remained at the facility.

Findings: Dozens of people in limbo

The organizations provided information to 60 people and interviewed 24 regarding their removal from the United States, their arrival in Costa Rica, and their protection needs. Their findings include:

• Detention in the United States: Detainees reported conditions that may amount to cruel, inhuman, or degrading treatment—for example, being held in closed rooms without access to natural light. Many were expelled and separated from their families despite having applied for asylum, without receiving legal counsel or adequate information about their legal status.
• Arbitrary detention in Costa Rica: Upon arrival,individuals were immediately transferred to CATEM, where their documents were retained and they were not allowed to move freely without immigration police escort. As a result,they were arbitrarily and illegally detained for over 60 days.
• Lack of access to state services: Detainees did not have access to information in their own languages; they did not receive individualized assessments to address their international protection needs; nor did they receive comprehensive attention—such as psychological care—from Costa Rican state institutions.
• Violation of the non-refoulement principle: Although most individuals had needs related to seeking refuge, the report denounces that, through the  International Organization for Migration (IOM) Assisted Voluntary Return program of the— to wich the State delegated this responsibility—some individuals may have been returned to countries where their lives or safety were at risk, without an assessment ensuring compliance with the principle of non-refoulement.

The report concludes that, more than two months after their arrival, most of those who remain in the country are unable to return to their countries of origin due to the risk of persecution or threats. However, they are also not interested in requesting asylum in Costa Rica. As one individual stated: “It is very difficult for us here in Costa Rica because we don’t know the language, the culture, the laws, nor do we have friends or family here.”

On April 21, the Costa Rican government issued a resolution authorizing “the migratory normalization of foreign persons deported from the United States of America (…) through the establishment of a special procedure.” Since then, individuals have been allowed to leave CATEM freely, and many have left the country—although the government has not followed up on their cases. Those who remain, however, are in limbo, unsure of what to do or how to rebuild their lives, the organizations report.

Need for a broad, comprehensive, and effective response

The organizations assertthat Costa Rica should not have accepted any agreement that exposes migrants to human rights violations and urge the State to avoid suchpractices in the future. They also point out that, as host country, Costa Rica has specific obligations toward this population that it must fulfill in accordance with its international human rights obligations.

In this regard, they acknowledge the creation of the special procedure for migratory regularization, but affirm that this measure does not guarantee the rights of those who remain in the country. In light of this, they offer a series of recommendations to the Costa Rican State, including:

• Refrain from encouraging returns to countries where migrants’ lives are at risk and guarantee the principle of non-refoulement, the right to seek asylum, and other forms of international protection.
• Provide diplomatic support to facilitate access to international protection in third countries chosen by the migrants. 
• Extend the special regularization procedure for at least 12 months, renewable for an equal period, and ensure the necessary humanitarian support during this time, including accommodation, food, hygiene supplies, and psychological support in their native languages.
• Grant temporary work permits to those who opt for regularization, as well as inter-institutional support to facilitate their integration and enable them to support themselves.
• Implement specific protection measures for individuals in particularly vulnerable situations, including children and adolescents, pregnant women, survivors of violence, the elderly, persons with disabilities, and LGBTIQ+ individuals.
• Refrain from entering into any new verbal or written agreements with the United States or any other country that involve rights-violating practices, such as collective expulsions and arbitrary immigration detention.

The organizations call on the international community to offer protection to deported individuals who need it, and express their willingness to work with Costa Rican authorities in monitoring and implementation of these recommendations.

The full report can be accessed here.