Eswatini: U.S. Deports Convicted Criminals to Eswatini, Sparks Outcry

On July 15, 2025, under orders from U.S. Immigration and Customs Enforcement (ICE), five foreign nationals who had committed crimes such as murder, aggravated assault, and child rape were deported to Eswatini. All five had been denied readmission by their countries of origin. The United States, unable to repatriate them directly, invoked agreements under its third-country deportation framework and reached a confidential arrangement with Eswatini.

According to a U.S. Homeland Security statement, these deportees were classified as “criminal illegal aliens.” While their names were withheld due to privacy laws, their crimes were described in detail.

the group is being held at the Matsapha Correctional Institution, a high-security facility notorious for overcrowding and limited access to legal counsel. The government claimed that the deportees were in “protective solitary custody” and were “not a threat to society.”

Diplomatic Secrecy and Lack of Oversight

Eswatini’s selection as a destination has baffled many observers. It has no prior record of accepting third-country deportees and has little infrastructure for processing international criminal cases. The secrecy surrounding the deal is even more disturbing. No formal treaty was presented to Parliament, and Eswatini’s Ministry of Foreign Affairs has refused to disclose the nature of the agreement.

Analysts believe that the deal may have been struck in exchange for increased U.S. foreign aid, particularly in security and health development programs. One diplomat, speaking anonymously, commented, “Eswatini is trying to curry favor with Washington, and this is a dangerous game.”

Human Rights and Legal Concerns

1. Violation of Non-Refoulement
   International law prohibits states from sending individuals to countries where they face the risk of torture or inhumane treatment. Eswatini’s prisons have been repeatedly cited by organizations such as Human Rights Watch and Amnesty International for poor conditions, abuse of detainees, and political suppression.
2. Absence of Due Process
   Legal scholars argue that the deportees have been denied any meaningful access to challenge their forced relocation. “The U.S. has effectively exported its problem,” said one U.S.-based immigration lawyer. “And Eswatini has blindly accepted it without any regard for justice.”
3. Impact on Local Legal Systems
   Eswatini’s courts are ill-equipped to manage foreign criminal cases without diplomatic or legal frameworks. Local civil society groups argue that this creates a parallel, unaccountable justice system within national borders.

Eswatini’s Domestic Response: Silence and Outrage

public response has ranged from confusion to outrage. Pro-democracy activists, including the Swaziland Human Rights Lawyers’ Forum, have demanded transparency and accountability.

“This is a betrayal of national sovereignty,” said Thabiso Mkhwanazi, a lawyer based in Mbabane. “The government has no mandate to accept convicted murderers from other continents.”

The Eswatini Law Society issued a statement condemning the government’s silence, arguing that such decisions should require parliamentary debate and legal oversight.

Meanwhile, prison officials are expressing unease. A leaked memo from the Matsapha prison warden warns of the challenges in integrating foreign inmates with violent backgrounds into the correctional system.

U.S. Policy: Third-Country Deportation and Its Consequences

The United States has long used third-country agreements for refugee processing or asylum deferrals. Under the Trump administration’s second term, the scope expanded to include criminal deportations. Countries like Guatemala, Honduras, and now Eswatini have been involved.

Supporters of the policy argue that it relieves pressure on the U.S. immigration system and protects public safety. Critics warn that it undermines international law and shifts responsibility to weaker states with poor human rights records.

The American Civil Liberties Union (ACLU) has filed petitions challenging the constitutionality of these deportations. “We are witnessing the creation of a shadow deportation regime,” said ACLU attorney Maria Torres.

Potential Fallout for Eswatini

Eswatini may face several consequences from this agreement:

• Reputational Damage: The country’s human rights record is already under scrutiny. This deal may deepen its isolation from the global community.
• Increased Security Risk: Housing violent criminals from abroad can create unrest within the prison system and potential security threats in the event of an escape or release.
• Loss of Public Trust: Citizens are demanding transparency. Failure to respond could further weaken already fragile democratic institutions.

International Reaction

The United Nations Office of the High Commissioner for Human Rights (OHCHR) expressed “serious concern” over the reports, calling for an independent inquiry into the circumstances surrounding the deportation.

African civil society groups are also taking note. The Southern Africa Litigation Centre (SALC) has called for a legal challenge and is urging the African Commission on Human and Peoples’ Rights to investigate.

Countries such as South Africa and Botswana have issued statements distancing themselves from similar practices, insisting on strict adherence to international conventions.

What Happens Next?

The fate of the five deportees remains unclear. While the government claims they are in “temporary transit,” it has not indicated when—or if—they will be sent to their original countries. International pressure is mounting, and Eswatini may soon be forced to release a detailed account of the agreement with the U.S.

For now, the deportation saga is a cautionary tale about the dangers of opaque diplomacy and the outsourcing of justice. As legal experts, rights advocates, and ordinary citizens demand answers, Eswatini must choose between transparency or continued complicity.

Proposed Image Description:
A photo of Matsapha Correctional Institution with heavy iron bars and security towers, symbolizing isolation and incarceration. Overlay caption: “Justice or Diplomacy? Eswatini Under Pressure”.

The Office of the UN High Commissioner for Human Rights has previously raised concerns: UN OHCHR – Eswatini

Table of Contents

1. Introduction: U.S. Deportation Sparks Outrage
2. The Five Convicts and Their Crimes
3. Why Eswatini? Diplomatic Puzzle
4. Human Rights Concerns in Eswatini
5. Legal Criticism of Third-Country Deportation
6. Reactions Inside Eswatini
7. Implications for the U.S. Immigration Policy
8. Future Risks for Eswatini
9. Global Reactions and Calls for Accountability
10. What’s Next? The Path Forward

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source: allafrica.com