Eswatini Joins El Salvador and South Sudan for Importing Detainees
July 20, 2025—In undisclosed deals with third countries, the U.S. government is shipping noncitizens abroad to be locked up in detention centers. The latest shipment to the Kingdom of Eswatini included five people who had been previously convicted in U.S. courts of murder, child rape, robbery, and homicide, according to the Department of Homeland Security. DHS released photos of the detainees, along with their convictions, but not their names. DHS says the home countries of Vietnam, Laos, Jamaica, Cuba, and Yemen “refused to take them back.”
Notably, neither country disclosed details of the deal or revealed information about the financial agreement.
The shipment to Eswatini on July 15 is just the latest in a series of third-country deportations. It follows previous shipments to El Salvadore and South Sudan.
A Top Priority for the Trump Administration
The latest deportation is not an isolated incident but the beginning of a trend. On Thursday, the Justice Department listed deporting criminal aliens as its “highest priority.” U.S. Attorney General Pamela Bondi is asking California sheriffs to turn over information about noncitizen inmates, saying the Justice Department would issue subpoenas if the counties don’t share the information voluntarily.
“Removing criminal illegal aliens is this Administration’s highest priority,” Bondi said. “I look forward to cooperating with California’s county sheriffs to accomplish our shared duty of keeping Californians and all Americans safe and secure.”
International Convention Against Torture
The third-country deportations test the boundaries of law and decency. For example, under the United Nations Convention Against Torture (UNCAT), countries are obligated to prevent torture and other cruel, inhuman, or degrading treatment or punishment worldwide.
Testing the Boundaries of U.S. Law
Furthermore, U.S. constitutional laws ensure give rights to noncitizens, ensuring the government does not deprive them of life, liberty or property without due process of law.
Since President Trump took office, the U.S. Supreme Court has weighed in on several of his immigration-related actions, often siding with the administration.
On July 3, 2025, the Supreme Court temporarily lifted a lower court’s injunction against third-party deportations to South Sudan. The lower court had ruled that the government did not give individuals deported to third countries adequate notice or opportunity to raise concerns. Dissenting justices Sotomayor, Kagan, and Jackson expressed concern about due process and denial of basic human rights. They cited the Fifth Amendment, U.S. immigration law, federal regulations, and court precedent in their opinion.
“The United States may not deport noncitizens to a country where they are likely to be tortured or killed. International and domestic law guarantee that basic human right. In this case, the Government seeks to nullify it by deporting noncitizens to potentially dangerous countries without notice or the opportunity to assert a fear of torture.”
The Trump administration, meanwhile, argued that the government of South Sudan had given them assurances they would not subject the prisoners to torture. It’s not clear if the assurances were in writing.
Deportation to Eswatini
The U.S. government is carrying out the deportations in as little as six hours, according to the New York Times, without assurances that “the migrants will be safe.”
Prisons in Eswatini are known for inmate overcrowding, outdated infrastructure, and shortage of staff housing. Earlier this month, the UN Development Programme released an assessment report cited concerns about the Eswatini correctional facilities as well as lack of basic right, such as a right to a trial, for its detainees. The Matsapha Maximum Prison complex in particular is known for holding political pro-democracy prisoners. It’s also been criticized in the local press for assaults on inmates. A year ago, Amnesty International raised concerns with the prison for denying food to former parliamentarian Mduduzi Bacede Mabuza, expressing deep “concern that prison authorities are jeopardizing [his] health and well-being.”
‘Dumpsite’ for Security Threats
Meanwhile, people in Eswatini and the neighboring region of southern Africa are raising concerns about security.
“These criminals might escape because Eswatini is a third-world country with no proper security monitoring systems to ensure these criminals are kept in a safe or secure place so they don’t pose a danger to the public,” Swaziland News editor Zweli Dlamini, said in an interview with Newzroom Afrika.
Eswatini, formerly known as Swaziland, is a monarchy that since 1986 gives its king absolute power. It’s known for a high ratio of inequality and the lack of democratic rights. According to the Associated Press, the king has an estimated $200 to $500 million while half of the population of 1.2 million live on less than $4 a day. Meanwhile, a quarter of the adult population is HIV positive (previously reported by the USAID).
An opposition leader from the Swaziland Peoples Liberation Movement framed the deal as exploitation.
“The West is always disrespecting us as Africans and thinking we are their dumpsite,” said Lioness Sibande.
Read more about U.S. immigration policies, such as ICE Detentions Hit Record Levels as Deaths and Medical Failures Mount.
