Trump Administration Sparks Controversy by Deporting Violent Criminals to Eswatini

The Trump administration announced on Tuesday that it has deported a group of men convicted of violent crimes to the small African kingdom of Eswatini. This move represents the latest effort to expand deportations to remote countries unrelated to the deportees' countries of origin.

Department of Homeland Security spokeswoman Tricia McLaughlin stated that the deportees hailed from Cuba, Jamaica, Laos, Vietnam, and Yemen, and had been convicted of serious crimes in the United States. McLaughlin added that their criminal records included offenses such as murder, manslaughter, and child rape.

McLaughlin described these deportees as “so brutal that their countries of origin refused to take them back.”

The fate of these men sent to Eswatini remains unclear. Eswatini, formally known as the Kingdom of Eswatini, is a landlocked country in Southern Africa, slightly larger than the US state of Connecticut, with a population of approximately 1.2 million, and ruled by a king.

Historically, the United States has sought to deport undocumented immigrants to third countries in cases where it faces difficulties or impossibilities in returning them to their countries of origin, such as countries that impose restrictions on deportation or outright refuse it.

In early May, US media reported that the United States had requested Eswatini, as well as other countries in Africa, Asia, and Europe, to receive deportees who are not its citizens. These negotiations are part of a larger, actively pursued effort by the Trump administration to persuade as many countries as possible to accept deportees from other countries, including criminals.

Previously, the Trump administration had reached agreements to deport accused Venezuelan gang members to El Salvador; to deport migrants from Africa and Asia to Costa Rica and Panama; and to deport eight criminals from Asian and Latin American countries to conflict-ridden South Sudan.

Trump administration officials have also persuaded countries such as Honduras and Kosovo to accept deportees from other countries, although these agreements have not been fully implemented. US officials have also contacted countries such as Moldova, Libya, and Rwanda seeking similar agreements.

This practice is controversial. Critics point out that some of the third countries that the Trump administration seeks to cooperate with (such as South Sudan) are not safe; and the deportation of Venezuelans to El Salvador has raised legal and humanitarian concerns, as many deportees, even those without clear criminal records, are held in notorious large prisons, isolated from the outside world.

Previously, the US Supreme Court ruled in late June to allow the Trump administration to resume its policy of deporting immigrants to countries other than their countries of origin, without giving immigrants an opportunity to demonstrate the dangers they may face. This ruling provided a legal basis for the government's mass deportation policy.

A memo from the US Immigration and Customs Enforcement (ICE) shows that immigration officials can wait at least 24 hours before executing a deportation order after informing an immigrant that they will be deported to a so-called “third country.”

However, in “emergency situations,” ICE can deport immigrants with only 6 hours’ notice, provided they are given the opportunity to speak with a lawyer. The memo also indicates that immigrants can be sent to these countries “without further procedure” as long as the receiving country pledges not to persecute or torture them.

Analysis and Assessment:

It's important to note that this practice raises questions about the United States' commitments to human rights and international law. Deporting individuals to unsafe countries or countries lacking the capacity to protect them can expose them to the risk of torture and ill-treatment. Furthermore, the selection of countries that refuse to receive their own citizens raises questions about the true motive behind this policy.

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