The Kingdom of Eswatini has received its fourth group of third-country nationals (TCNs) deported from the United States, bringing the total number of individuals transferred under a secretive bilateral agreement to at least 30. Acting Government Spokesperson Thabile Mdluli confirmed the arrival of 11 migrants in a statement issued Thursday, asserting that the transfers align with the country’s international commitments and humanitarian values.
The Mechanics of the U.S.–Eswatini Migration Agreement
The arrangement, which remains unpublished by both the U.S. and Eswatini governments, reportedly involves a Memorandum of Understanding (MoU) to accept up to 160 individuals. According to documents obtained via a Freedom of Information Act request and cited by Amnesty International, the agreement includes a provision for US$5.1 million in funding intended to bolster Eswatini’s border and migration management capabilities.
The policy targets migrants who have criminal convictions in the United States but cannot be returned to their home nations because their home countries refuse to accept them. Since the program began in July 2025, deportees have arrived in four distinct waves. The first group consisted of five men from Vietnam, Jamaica, Laos, Cuba, and Yemen. Subsequent flights included individuals from Cambodia, Chad, Cuba, Ethiopia, Haiti, the Philippines, Vietnam, Somalia, Tanzania, and Sudan.
The Matsapha Correctional Complex, a maximum-security prison located near the Eswatini international airport, has been identified by rights groups as a site where men transferred under previous flights have reportedly been held upon arrival.
Legal Challenges and Human Rights Concerns
International human rights organizations have consistently criticized the program, citing concerns over the lack of transparency and the treatment of detainees. Vongai Chikwanda, Deputy Regional Director for East and Southern Africa at Amnesty International, has labeled the transfers “unlawful.” According to reports from rights advocates, detainees in Eswatini have been denied face-to-face meetings with local legal counsel and lack confidential access to their U.S.-based representatives.
Legal pressure is mounting on multiple fronts:
- Domestic Litigation: A legal challenge brought by Eswatini-based activists to overturn the agreement is currently pending before the courts.
- International Complaints: In December 2025, a coalition of lawyers and human rights groups filed a formal complaint with the African Commission on Human and Peoples’ Rights regarding the prolonged detention of three individuals.
- U.S. Judicial Scrutiny: In February 2026, the U.S. District Court for the District of Massachusetts ruled that the broader third-country removal policy was unlawful. The court found that the Department of Homeland Security failed to provide migrants with meaningful notice or a genuine opportunity to seek protection from torture or persecution.
Future Trends and Diplomatic Positioning
Eswatini continues to position itself as a partner to Washington despite the legal and humanitarian backlash. Government officials have previously pointed to the successful repatriation of one Jamaican national from the first group in September 2025 as evidence that the program can facilitate eventual returns to migrants’ countries of origin.
However, the lack of transparency regarding the status of the remaining 30 individuals remains a point of contention. As the U.S. Supreme Court stayed a lower court injunction pending a full hearing on the merits in the case of D.V.D. v. Department of Homeland Security, the future of the Eswatini agreement may hinge on the outcome of these high-level judicial proceedings.
Frequently Asked Questions
- How many migrants have been sent to Eswatini?
- As of the most recent arrival in 2026, at least 30 individuals have been transferred to the Kingdom under the bilateral agreement.
- Why are these migrants being sent to Eswatini?
- The program targets migrants with criminal records in the U.S. whose home countries refuse to accept them. Eswatini agreed to receive them as part of a deal to strengthen its own border management.
- Is the agreement public?
- No. Neither the United States nor Eswatini has released the text of the Memorandum of Understanding to the public.
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