Five men convicted of crimes in the United States were deported to Eswatini on July 16, 2025, as part of a “third-country” deportation policy aimed at removing individuals whose home countries refuse to accept them.
- Deportees: Five nationals from Vietnam, Jamaica, Laos, Cuba, and Yemen.
- Legal Ruling: A court ordered that detainees must be granted access to legal representation to ensure due process.
- Broader Scope: At least 19 individuals have been deported to Eswatini under this arrangement.
Tricia McLaughlin, assistant secretary at the US Department of Homeland Security, stated that the flight removed individuals who were “so uniquely barbaric that their home countries refused to take them back.”
The transfers are a component of the Trump administration’s strategy to outsource immigration enforcement to third-party nations.
Legal Scrutiny of the Third-Country Deportation Policy
A three-judge panel recently rejected arguments from Eswatini authorities that detainees had not specifically requested representation from human rights lawyer Sibusiso Nhlabatsi.
The court ruled that denying legal access undermined due process, stressing that representation is a fundamental safeguard in immigration detention cases involving third-country transfers.
Lawyers in both Eswatini and the United States have challenged the legality of the arrangement. This includes a reported $5.1 million deal between Washington and Mbabane.
Critics argue the agreement creates “legal grey zones” where detainees are held outside their home countries after serving sentences or facing removal orders in the U.S.
Expansion of U.S. Deportation Partnerships in Africa
Eswatini is one of several African nations linked to U.S. third-country migration arrangements. Other countries involved in cooperation frameworks or signed agreements include Rwanda, South Sudan, Ghana, Cameroon, Equatorial Guinea, and the Democratic Republic of Congo.
Analysts suggest African states are attractive partners for the U.S. due to security cooperation incentives, diplomatic leverage, and lower political resistance to hosting deportees.
However, the policy continues to face ethical and legal criticism, particularly regarding the conditions of detention and the ability of those deported to access justice.
Discover more from Archyworldys
Subscribe to get the latest posts sent to your email.
