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U.S. Deports Convicted Criminals to Eswatini Amid Controversial “Third Country” Policy

Inmates from five nations removed to Eswatini as U.S. bypasses standard repatriation routes.

King Mswati III, pictured in Mankayane in July,  By Jinty Jackson (AFP/File)President Donald Trump dances after speaking at a campaign rally last month. Photo / AP

In a move drawing global scrutiny, the United States has deported five foreign nationals convicted of serious crimes to the southern African nation of Eswatini, marking a high-profile implementation of the revived “third country” deportation policy under the Trump administration.


The deportees whose convictions include murder, child rape, aggravated assault, and gang-related offenses arrived in Eswatini after their countries of origin reportedly refused to accept them. The U.S. Department of Homeland Security (DHS) confirmed that the individuals hailed from Vietnam, Jamaica, Laos, Cuba, and Yemen.


According to DHS officials, the men were deemed too dangerous to remain in the U.S., but repeated attempts to repatriate them had failed. “These are individuals so uniquely barbaric that their home countries declined to take them back,” a senior DHS spokesperson said.


The decision to send them to Eswatini a small, landlocked kingdom in southern Africa has triggered backlash from human rights organizations and international law experts. Critics argue that Eswatini’s track record of alleged human rights abuses, including extrajudicial killings, torture, and systemic mistreatment in prisons, makes it an unsuitable destination.


A Controversial Policy Revived

This deportation marks one of the first major uses of the controversial “safe third country” doctrine since its reinstatement. The U.S. Supreme Court ruled in June 2025 to uphold the Trump administration’s interpretation of the policy, allowing DHS to send individuals to countries with which they have no legal or personal ties and often, without a hearing.


Advocacy groups have condemned the process, citing concerns over due process and safety. In many cases, deportees are given fewer than 24 hours' notice before removal and are not allowed to contest the deportation or appeal to an immigration judge. In this instance, some individuals were informed just six hours before boarding the flight.


“The United States is effectively outsourcing punishment while denying people the most basic legal protections,” said Erika Menendez, a human rights lawyer with the Center for Constitutional Justice. “Sending individuals to a country they’ve never set foot in, that cannot ensure their safety, is a clear violation of international law.”


Eswatini’s Role and Response

The Eswatini government has confirmed the arrival of the deportees and stated that they are being held in a correctional facility pending further coordination with the International Organization for Migration (IOM). Officials said the individuals are not being integrated into the general population and would eventually be repatriated to their respective countries if feasible.


Though Eswatini’s monarchy has not publicly commented on the agreement with the U.S., the move has raised questions about what diplomatic or financial incentives were provided. Details of the arrangement remain undisclosed, sparking further concern among civil society watchdogs.


Global and Legal Ramifications

This case follows previous third-country deportations to nations such as South Sudan, El Salvador, and Costa Rica. In each instance, the receiving country had little or no prior connection to the individuals being sent, prompting international backlash.


The United Nations has urged the U.S. to halt such removals, warning that the practice may breach international treaties that prohibit transferring individuals to countries where they may face torture, persecution, or inhumane treatment. A coalition of UN Special Rapporteurs recently issued a joint statement calling the policy “legally and morally indefensible.”


“The United States has obligations under international law, and violating the principle of non-refoulement the idea that you cannot send someone to a place where they’ll be harmed is a grave breach,” said UN legal adviser Dr. Mouna Youssef.


What’s Next?

As the U.S. continues to expand its third-country deportation efforts, legal challenges are mounting. Civil liberties groups are pushing for emergency injunctions, while Congress is debating legislation that would require judicial review of any such deportations.


Meanwhile, human rights observers in Eswatini have pledged to monitor the treatment of the five men and document any violations. “We cannot allow Eswatini to become a dumping ground for dangerous international diplomacy,” said Sibusiso Dlamini, director of the Eswatini Human Rights Coalition.


The deportation flight to Eswatini may be only the beginning of a broader strategy by the Trump administration to deal with “non-returnable” migrants but it is already sending ripples across the international legal and humanitarian landscape.

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