The United States recently deported five immigrants convicted of serious crimes to Eswatini, according to the U.S. Department of Homeland Security.
This action marks an extension of the Trump administration’s less publicized third-country deportation initiative.
The move follows the previous deportation of eight men to South Sudan, a process that gained urgency after the Supreme Court lifted various restrictions on the deportation of individuals to countries where they have no established ties.
Eswatini’s government has confirmed the arrival of the five individuals, who are identified as citizens from Vietnam, Jamaica, Cuba, Yemen, and Laos.
Homeland Security Assistant Secretary Tricia McLaughlin announced the deportations via a late-night post on X, asserting that these men are “convicted criminals” whose home countries “refused to take them back” due to the severity of their crimes, which include murder and child rape.
McLaughlin characterized them as “individuals so uniquely barbaric” and highlighted their previous behavior of “terrorizing American communities.”
She included mug shots and summaries of their criminal records in her posts, but the individuals’ names were not disclosed.
In a statement, the Eswatini government referred to these deportees as “prisoners” and “inmates.”
They are currently being held in isolated units in unnamed correctional facilities, though Eswatini authorities emphasized they are in a state of transit and would eventually be sent back to their native countries.
The Eswatini government indicated that it will work alongside the United States and the UN migration agency to facilitate the return of these individuals while ensuring that “due process and respect for human rights is followed.”
However, no timeline has been provided for their repatriation.
Importantly, four of the five countries involved historically exhibit resistance to accepting their citizens upon deportation from the U.S.
This ongoing issue has plagued the Department of Homeland Security even prior to the Trump administration, as numerous nations are reluctant to reaccept deportees with criminal backgrounds from the U.S.
Lawyer Trina Realmuto from the National Immigration Litigation Alliance is engaged in litigation against these third-country removals.
She criticized the lack of transparency concerning the arrangements made with Eswatini or other countries for the repatriation of these individuals.
Realmuto expressed concerns about the secrecy surrounding whether any agreements were made to guarantee humane treatment for those deported.
According to a memo from July 9 to U.S. Immigration and Customs Enforcement (ICE) personnel, there are specific guidelines determining how and when deportees are sent to third countries.
If the U.S. has credible assurances from a third country that deportees will not face torture, ICE can proceed with the deportation without further procedures.
Conversely, if such assurances are not available, ICE must provide notice to the individual being deported, usually within a tight timeframe of 24 hours or even as little as six hours.
The individual does not have the right to contest their deportation based on fears associated with being sent to a third country, which Realmuto described as challenging, especially for those lacking knowledge about the destination.
Eswatini, formerly known as Swaziland, is one of the last existing absolute monarchies.
With a population of approximately 1.2 million, it is nestled between South Africa and Mozambique, and King Mswati III has wielded authoritarian control since 1986.
Political parties are prohibited in the country, and pro-democracy factions have asserted that Mswati III has repressed dissent violently over the years.
Rising pro-democracy protests erupted in Eswatini in 2021, leading to numerous fatalities allegedly at the hands of security forces.
The authorities in Eswatini have faced severe criticism for alleged political assassinations and the imprisonment of activists advocating for democratic reforms.
Human rights advocates have expressed discontent over the U.S. decision to deport individuals to Eswatini given its dismal human rights track record.
Amy Fischer, the director of refugee and migrant rights at Amnesty International USA, pointed out that the U.S. State Department’s 2023 human rights report documented credible claims of unlawful killings by security forces, impunity for abuses, and harsh prison conditions in Eswatini.
Fischer remarked that returning anyone to Eswatini poses serious risks of human rights violations, asserting that “the cruelty is the point.”
Furthermore, the Trump administration aims to establish additional agreements with African nations for the repatriation of U.S. deportees.
During a prior meeting at the White House, leaders from several West African nations discussed the issue of migration and potency for accepting deportees from the U.S.
However, some nations, such as Nigeria, have resisted U.S. pressure to accept deportees originating from other countries.
Discussions are ongoing with Rwandan officials regarding potential agreements to host deportees from the U.S.
Last year, a proposal from the British government to deport rejected asylum seekers to Rwanda was deemed illegal by the U.K. Supreme Court.
In addition, the U.S. has conducted deportations involving hundreds of Venezuelans to Costa Rica, El Salvador, and Panama.
The eight men sent to South Sudan, who arrived earlier this month, had been held at a U.S. military base in Djibouti for weeks while the legality of their transfer to South Sudan was adjudicated.
The South Sudanese government has not clarified its agreement with the U.S. nor has it provided information about the current status of the deported individuals.
A notable civil society leader in South Sudan dismissed the notion that the country should serve as a “dumping ground for criminals.”
Analysts suggest that some African nations may be inclined to accept third-country deportees in exchange for more favorable terms with the U.S. regarding trade, foreign aid, and visa arrangements.
The Eswatini government has defended its arrangement with the U.S. as presenting no peril to national security, stating that the agreement is the product of extensive and robust high-level discussions with the U.S. government.
The deportations to both Eswatini and South Sudan underscore the complexities and controversies surrounding the U.S. immigration policy centered on the removal of individuals deemed unacceptable by American authorities.
Concerns over human rights and the treatment of deportees remain paramount in the dialogue about third-country deportation programs as the U.S. administration looks to navigate its immigration strategy effectively.
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