U.S. Deports Jamaicans and Other Migrants to African Kingdom of Eswatini Under Controversial Third-Country Policy

By Mary Campbell | Editorial credit: The World Traveller / Shutterstock.com

The U.S. Department of Homeland Security confirmed Tuesday that a “safe third country deportation flight” landed in Eswatini—formerly Swaziland—carrying five non-U.S. citizens convicted of violent crimes. According to DHS spokesperson Tricia McLaughlin, the individuals were “so uniquely barbaric” that their home countries—Vietnam, Jamaica, Cuba, Laos, and Yemen—refused to take them back.

The deportees reportedly stand convicted of severe offenses including murder, child rape, aggravated assault, robbery, and weapons violations. All five have been described by DHS as “terrorizing American communities” and thus were sent to Eswatini under a policy that expedites removal when repatriation is blocked.

Legal Backdrop: Supreme Court Opens Door

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The move follows a pivotal June Supreme Court ruling allowing the Biden-era (now Trump) administration to deport individuals to countries other than their own, even without prior court hearings. Previously, a federal judge in Massachusetts had required meaningful removal hearings—conditions now effectively overturned following the appeal.

According to a recent ICE memo, deportations to third countries may proceed swiftly if the receiving nation provides even minimal assurances of safety—or no notice is required at all in “exigent circumstances,” giving officials as little as six hours to execute removals.

Expansion Amid Secrecy and Criticism

This flight marks the second deportation to an African nation this month, coming shortly after eight detainees were sent to South Sudan. DHS officials claim Eswatini cooperated after “extended diplomatic discussions,” though Eswatini authorities have remained publicly silent. Civil society groups have raised alarm about the scant transparency around the process.

In a statement to the Associated Press, Ingiphile Dlamini of pro-democracy group SWALIMO emphasized Eswatini’s authoritarian track record and limited capacity to monitor detainees: “There has been a notable lack of official communication… What are the plans for the five men…and any potential risks to the local population?”

Human Rights Warnings

International rights groups warn that third-country deportations may breach global norms, including protections against non-refoulement—sending individuals to places where they might face harm. U.N. experts cautioned that sending migrants without strong assurances of safety could violate international human rights obligations.

Eswatini itself is not under a formal U.S. “do-not-travel” advisory, but reports of political repression, detainee abuse, and lack of due process have long shadowed its absolute monarchy under King Mswati III.

Global Precedent & Political Agenda

The U.S. now joins a small group of countries—like Australia and Israel—pursuing third-country deportations. The Trump administration has expressed interest in expanding agreements with other African nations, with Rwanda among those in early discussions.

Supporters argue the policy removes dangerous individuals from U.S. streets when home nations refuse to cooperate. Critics counter that it circumvents legal protections, shifts the burden to less capable countries, and exposes migrants to potential rights abuses.

What Happens Now

• The five deportees currently remain in isolation under Eswatini’s care pending coordination between U.S., UN, and Eswatini officials for “eventual repatriation” 
• Legal challenges in U.S. courts are ongoing as immigrant-rights groups seek injunctions or greater judicial oversight on third-country removals.
• Other nations—including Nigeria—have already rejected U.S. requests for similar arrangements.

As the U.S. intensifies deportations under Trump-era directives, the legality and ethics of dispatching migrants to nations where they lack nationality or ties remain hot-button issues—both domestically and abroad.