U.S. Deportation of Immigrants Resumes in Eswatini, Trump Administration's Secret Agreement Protests by Human Rights Groups
Key Takeaways
- Four migrants deported by the U.S. arrived in Eswatini, the third recent transfer under a secretive “third‑country” returns program.
- It has been reported that the Trump administration struck undisclosed return arrangements with at least seven African nations and spent at least $40 million moving roughly 300 migrants to countries other than their own, according to Senate Democratic staff.
- Eswatini says the four—one Tanzanian, one Sudanese, and two Somalis—will be repatriated to their home countries; no names or detention locations were disclosed.
- Human rights groups protest the lack of transparency and potential refoulement risks; U.S. law bars removal to persecution or torture, while ICE cites authority to remove to any country that will accept the person.
Latest transfers to Eswatini
Eswatini confirmed Thursday that four Africans deported by the United States—one from Tanzania, one from Sudan, and two from Somalia—landed in the kingdom and will be sent on to their countries of nationality. The arrivals mark the latest tranche in a controversial “third‑country” returns effort, under which people removed from the U.S. are first transferred to a third nation pending repatriation. Since July, at least 19 people have reportedly been routed to Eswatini in three groups. U.S. officials previously said the first five men sent in July were convicted criminals with final orders of removal.
How the policy works—and the legal backdrop
The transfers rely on U.S. removal authority under the Immigration and Nationality Act (INA), which allows Immigration and Customs Enforcement (ICE)—a unit of the Department of Homeland Security (DHS)—to execute final removal orders. Under INA §241(b)(2), ICE may remove a person not only to their country of nationality but, in certain circumstances, to another country that agrees to accept them. However, the U.S. must not violate non‑refoulement obligations: by statute (INA §241(b)(3)) and treaty (the Convention Against Torture), the government is barred from removing individuals to places where they are likely to face persecution or torture. It has been reported that the Trump administration concluded undisclosed arrangements with Eswatini, Ghana, Rwanda, Uganda, Cameroon, Equatorial Guinea, and South Sudan to accept third‑country transfers, with Senate Foreign Relations Committee Democratic staff estimating at least $40 million spent to move about 300 migrants to Africa and Central America.
Transparency and rights concerns
Eswatini—a small monarchy bordering South Africa with a record of suppressing pro‑democracy movements—has faced protests from local civic groups over the transfers. The government pledged to ensure “rights and dignity” during temporary stays, said one transferee has received travel documents to depart soon, and noted ongoing talks with other origin countries. Human rights organizations criticize the secrecy surrounding the U.S. arrangements and warn of due‑process gaps, limited access to counsel, and risks of chain refoulement if people are shuttled through multiple jurisdictions without meaningful fear screening.
What this means for people in the removal pipeline now
For noncitizens with final removal orders—especially those with criminal convictions—the government may pursue third‑country transfers if the home country delays or refuses travel documents and another government will accept them. Individuals can still assert protection claims based on fear of persecution or torture at any stage, and such claims must be considered before removal. Lawyers note that the third‑country routing can complicate communication with counsel and consular access, and may lengthen detention while onward repatriation is arranged. Those under ICE check‑ins should remain in close contact with counsel, keep address and phone information current with ICE, and be prepared to document any fear‑based claims promptly.
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