In July 2025, the United States began the first major shift in its immigration policy when five non-citizen detainees convicted of crimes in the United States were deported to a southern African country, Eswatini, which has not been previously engaged in the process of international deportations. They had been labeled as part of the deportees by the Department of Homeland Security (DHS) as dangerous individuals whose countries of birth had declined to accept them back. Their crimes that led to their deportation to a third country where they had no previous affiliation to ranged from child rape, homicide, aggravated assault and burglary.
Eswatini, a monarchy ruled by King Mswati III and inhabited by a population of about 1.2 million, welcomed the deportees in a bilateral agreement that is said to have taken months to negotiate between two countries. The migrants were confined in solitary detention in the Matsapha Correctional Complex located near Mbabane which was already under-resourced and over-crowded. This action is preceded by the deportations to South Sudan in July and is an indicator of further trend of outsourcing the US enforcement of immigration to areas with few diplomatic strengths to interfere with these operations.
Legal and Political Foundations for Third-Country Deportations
Supreme Court Endorsement of Expanded Deportation Powers
The US Supreme Court’s 2025 decision upholding the legality of deporting migrants to countries where they lack citizenship, familial ties, or legal status removed a key judicial barrier. DHS has even gone a step ahead to strengthen the deportation alliances with smaller states citing national security to anchor such transfers. Trump administration officials have justified the program on grounds of national security claiming that the deportees were criminal illegal aliens that threaten and jeopardise American society.
There are, nevertheless, concerns raised by human rights and legal experts that without due process afforded to the deportees, particularly those with intricate asylum cases, may fall outside of international laws such as the 1951 Refugee Convention. The deportations confuse conventional definitions of states responsibilities when the country of origin is an impossibility to go back.
Unpacking US Justifications and Sovereignty Concerns
The translation of the issue of third-country deportations into the language of national security can be considered consistent with the developments of Trump-era immigration discourses moving the focus toward aggressive deterrence. Yet opponents claim that these solutions are diversions of responsibility since the burden of enforcement is burdened onto foreign governments. As it was in the case of Eswatini, these decisions can indicate uneven power distributions instead of international collaboration.
The fact that Eswatini, with no previous experience with this kind of population, still agreed to take the deportees shows that the issue of sovereignty in the face of global migration pressure are not so black-and-white. Having a restricted ability to verify or assist those people who committed crimes abroad, the nation starts to raise more and more internal and diplomatic concerns with its position in US immigration policy.
Regional and Humanitarian Concerns in Eswatini and Beyond
Domestic Challenges and Public Backlash
Eswatini’s already fragile infrastructure has been strained by this decision. The prisons are faced by shortages in manpower, dense Inmate sentences and limited medical services. Civil society and opposition organizations have accused the government of absorbing people considered dangerous with no distinct plans of monitoring them or to incorporate them back in the future. Opponents worry that such deportations increase current social tensions and wealth disparities especially in urban areas around the capital.
The government has provided little public release regarding the conditions of the negotiation or the future projections of the results. Only that the deportees are isolated, and it has been discussed with the International Organization for Migration (IOM) to eventually repatriate them to their countries to which none has yet agreed to receive them.
Human Rights and Legal Frameworks in Question
The lack of due process and transparency has been spoken out by the advocacy groups both in South Africa and in other countries. According to legal experts, forced deportation of people to a third country that has a poorly developed juridical system and inadequate detention facilities can be against the principle of non-refoulement. This principle forbids the sending back of people to the environments where they encounter threats to their safety or dignity.
Eswatini’s own human rights record—marked by restrictions on free speech and political dissent—has prompted questions about whether it can provide humane and lawful conditions for the deportees. Having an unformalized asylum and refugee system, the country does not have any institutional advantages to deal with this sort of a complicated case.
Geopolitical and Diplomatic Dimensions
Implications for Southern African Regional Dynamics
The spread of the deportation policy to Southern Africa throws a new curve in the balls of local governance. The country is one of the major players in the world in diplomatic engagements, South Africa has not dared to openly support the practice yet it is also suspicious of what it means. Experts observe that even though South Africa has a strong system of immigration, it also has its own issues when balancing between enforcement and humanitarian commitments and therefore it is unlikely to grant such requests by the US as well.
The contribution could be a result of the little diplomatic flexibility in Eswatini. It is a small state that relies on foreign aid and trade so at its time it may have had little choice but to reject the US proposal. Such a setup conjures more general questions regarding coercion and the integrity of international relations as bigger forces seek to figure out unilateral enforcement options.
Domestic Political Ramifications in Eswatini
The deportation has subjected Eswatini’s autocratic government structure to greater scrutiny internally. The opponents claim the choice in keeping the deportees in shelter has raised concerns relating to the overall transparency of the state decision-making mechanisms. According to activists, this is not done in consultation with the civil society, which has been characterized by overall democratic deficits in politics.
Critics also warn that the policy could create precedents whereby Eswatini becomes a repository for unwanted individuals from more powerful states, further complicating its already tense domestic politics. With public services strained and economic growth slow, the risk of civil unrest tied to such controversial agreements cannot be overlooked.
This person has spoken on the topic: Oriana Tshabalala, a South African migration analyst, recently observed that
“the US’s move to deport criminals to Eswatini challenges regional norms, raises questions about ethical enforcement, and pressures Southern African countries to navigate difficult political terrain between global powers and local stability.”
The Future Trajectory and Broader Implications
The US deportations to Eswatini mark a significant evolution in the mechanics and geography of third-country expulsion practices. No longer confined to Central America or the Caribbean, the policy now reaches into African regions with limited capacity to support it. The sustainability of such arrangements is deeply tied to their legality, public support, and regional stability.
As more deportations are scheduled to take place under the broadened program—including expected transfers to Palau and Costa Rica—international legal experts and advocacy networks are intensifying scrutiny of US deportation strategy. Questions persist about whether security arguments justify relocation to countries with no meaningful connections to the deportees or systems to manage them responsibly.
The coming months will test the resilience of bilateral and regional institutions tasked with responding to these evolving practices. Civil society coalitions, human rights defenders, and international legal bodies will play a central role in demanding oversight and accountability.
This new phase in US migration policy compels urgent reflection on how states balance security priorities with human dignity and regional cooperation. The expansion into Eswatini and other third countries illustrates the complexity of modern migration governance—where decisions made in one capital ripple across borders, jurisdictions, and human lives.
