CAPE TOWN, South Africa (AP) 鈥 The United States sent five immigrants it says were convicted of serious crimes to the African nation of Eswatini, the U.S. Department of Homeland Security said 鈥 an expansion of the Trump administration's largely secretive third-country deportation program.
The U.S. to another African country, South Sudan, after the Supreme Court lifted restrictions on sending people to countries where they have no ties. The South Sudanese government has declined to say where those men, also described as violent criminals, are after it took custody of them nearly two weeks ago.
In a late-night post on X Tuesday, Homeland Security Assistant Secretary Tricia McLaughlin said five men 鈥 citizens of Vietnam, Jamaica, Cuba, Yemen and Laos 鈥 had been deported to Eswatini. She said they were all convicted criminals and 鈥渋ndividuals so uniquely barbaric that their home countries refused to take them back.鈥
The men 鈥渉ave been terrorizing American communities" but were now "off of American soil,鈥 McLaughlin added.
McLaughlin said they had been convicted of crimes including murder and child rape and one was a "confirmed" gang member. Her social media posts included mug shots of the men and what she said were their criminal records and sentences. They were not named.
The Eswatini government said Wednesday the men, which it referred to as "prisoners" and 鈥渋nmates,鈥 were being held in isolated units in unnamed correctional facilities in Eswatini but were considered to be in transit and would ultimately be sent back to their home countries.
In a series of posts on X, the Eswatini government said it would collaborate with the United States and the U.N. migration agency to facilitate their return home and ensure 鈥渄ue process and respect for human rights is followed" as part of their repatriation. The government gave no timeframe for that to happen.
Four of the five countries where the men are from have historically been resistant to taking back some citizens when they鈥檙e deported from the United States. That issue has been a reccurring problem for Homeland Security even before the Trump administration. Some countries refuse to take back any of their citizens, while others won't accept people who have committed crimes in the United States.
Third-country removals raise concerns
Trina Realmuto is a lawyer with the 春色直播 Immigration Litigation Alliance and one of the lawyers litigating a key case challenging the Department of Homeland Security鈥檚 efforts to remove people to third countries without notice or giving them the opportunity to raise concerns over persecution or torture. Third countries are ones not specifically listed on the final order of removal issued by an immigration judge and usually not the country a deportee is from.
Realmuto said part of the administration鈥檚 goal with flights like the one to Eswatini is to send a message that people could be punished by being sent to 鈥渇ar-flung countries.鈥
鈥淚t鈥檚 disturbing that we don鈥檛 know what the exchange was to get Eswatini to accept these individuals. We don鈥檛 know if there were diplomatic assurances and, if so, what they said. We don鈥檛 know if these individuals were given notice,鈥 Realmuto said. 鈥淚t鈥檚 all done in secrecy.鈥
A July 9 memo to U.S. Immigration and Customs Enforcement staff lays out the agency鈥檚 policy governing when and how ICE can send someone with a final order of removal to a 鈥渢hird country.鈥
If the United States has received assurances that the State Department deems credible from the third country that people the U.S. sends there won鈥檛 be tortured, ICE can send them without any further procedures.
If the U.S. hasn鈥檛 received those assurances, ICE can still send the person there but first has to notify them, in a language the person understands, telling them where they鈥檙e going. Time between notice and deportation is generally 24 hours, but can be as little as six hours.
ICE doesn鈥檛 have to ask if they fear being sent there. If the person raises concerns on their own, they鈥檙e interviewed by an asylum officer and must show it鈥檚 more likely than not they鈥檒l be persecuted or tortured there.
鈥淚t鈥檚 an impossible standard to meet, especially if the person is not knowledgeable about the country,鈥 Realmuto said.
Eswatini is an absolute monarchy
Eswatini, previously called Swaziland, is a country of about 1.2 million people between South Africa and Mozambique. It is one of the world鈥檚 last remaining absolute monarchies and the last in Africa. has ruled by decree since 1986. Political parties are effectively banned and pro-democracy groups have said for years that Mswati III has , sometimes violently.
Pro-democracy , when dozens were killed, allegedly by security forces. Eswatini authorities have been accused of conducting and imprisoning others.
As with South Sudan, rights groups criticized the Trump administration's choice to send the deportees to Eswatini, given its record.
Amy Fischer, Amnesty International USA鈥檚 director of refugee and migrant rights, said the U.S. State Department's own 2023 human rights report found credible accounts of unlawful or arbitrary killings by security forces in Eswatini, impunity for abuses, and harsh prison conditions.
鈥淎s a result, anyone returned to this country is at risk of serious human rights violations,鈥 she said. 鈥淭he cruelty is the point.鈥
US is seeking more deals
The Trump administration has said it is seeking to take deportees from the United States. Leaders from some of the five West African nations who met last week with President at the White House said the issue of migration and their countries possibly taking deportees from the U.S. was discussed.
Some nations have pushed back. , which wasn't part of that White House summit, said it has rejected pressure from the U.S. to take deportees who are citizens of other countries.
Rwanda鈥檚 foreign minister told The Associated Press last month that about a potential agreement to host deported migrants. A British government plan announced in 2022 to deport rejected asylum-seekers to Rwanda was ruled illegal by the U.K. Supreme Court last year.
The U.S. also has sent and others to Costa Rica, and Panama.
鈥楴ot a dumping ground鈥
The eight men deported by the U.S. to war-torn South Sudan, where they arrived early this month, previously spent weeks at a U.S. military base in nearby Djibouti, located on the northeast border of Ethiopia, as the case over the legality of sending them there played out.
The South Sudanese government has not released details of its agreement with the U.S. to take deportees, nor has it said what will happen to the men. A prominent civil society leader there said South Sudan was "not a dumping ground for criminals.鈥
Analysts say some African nations might be willing to take third-country deportees in return for more favorable terms from the U.S. in negotiations over tariffs, foreign aid and investment, and restrictions on travel visas.
The Eswatini government said its arrangement with the U.S. posed no security threat to the people of Eswatini. 鈥淭his exercise is the result of months of robust high-level engagements between the U.S. government and Eswatini,鈥 it said.
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Gumede reported from Johannesburg. Santana reported from Washington. More AP news on the Trump administration: .
