Lawyers for five men deported by the US to Eswatini, formerly Swaziland, said they are being denied proper access to their clients, who they said are being imprisoned illegally.
The men from Vietnam, Jamaica, Laos, Yemen and Cuba have criminal convictions, but had all served their sentences and been released in the US, their lawyers said. The US deported them to the small southern african country without warning in July, claiming they were “depraved monsters”.
The US has sent migrants to several third countries, as Donald Trump’s management ramps up deportations. Eight men were sent to South Sudan in July,Rwanda accepted seven migrants last week and Uganda has agreed to take in asylum seekers. The US also deported 252 Venezuelans, first sending them to a notorious prison in El Salvador for four months.
The lawyers said they have been unable to have private conversations with their clients, who are allowed one short video call a week in the presence of prison staff. A local lawyer representing the five men has been prevented from visiting them in the maximum security Matsapha correctional center.
Orville Etoria’s relatives said his being sent to Eswatini ‘makes no sense’.Photograph: Courtesy of Margaret McKen
The Eswatini lawyer filed a case demanding access to the men, but a hearing scheduled for Monday was postponed when the judge did not show up, said Alma David, who is representing the Yemeni and Cuban men.
When the men, who had all been in the US since they were children, were first deported, US assistant homeland security secretary Tricia McLaughlin claimed they were “so uniquely barbaric that their home countries refused to take them back.”
In response, Jamaica’s foreign mi## US Deportations to eswatini Face Scrutiny as Concerns Grow Over Mental Health and Human rights
The United States continues to deport individuals with criminal records to Eswatini (formerly Swaziland), sparking legal challenges and raising concerns about the welfare of those sent to the African nation. Recent reports highlight the psychological distress experienced by deportees and questions the legality of the deportation agreements. This practice is drawing criticism from legal representatives and human rights organizations who argue the US is effectively outsourcing it’s detention obligations and violating the rights of immigrants and refugees.### Deportations and Legal Challenges
The US has been deporting individuals, many with lengthy stays in the US, to Eswatini under agreements that allow for the acceptance of non-citizen criminals. A recent case in Eswatini saw a group of NGOs challenge the constitutionality of the country’s acceptance of these deportees. The legal challenge, postponed last month, argues that the Eswatini parliament was not consulted regarding the agreements and that the deportations violate the human rights of those being sent to the country.
Tin Thanh Nguyen, representing some of the deportees, reports that two recent cases involve men aged 34 and 45, released to Eswatini in 2015 and 2023 respectively. Nguyen notes that the family of the more recent deportee has reported he is exhibiting signs of depression.
### Concerns Over Outsourcing Detention and Human Rights
Critics argue the US is utilizing these agreements to circumvent its own detention obligations. Nguyen stated, “The United States is outsourcing their detention … to purge the United States of immigrants and refugees and to make a spectacle of deportations.” This sentiment reflects a broader concern that the US is shifting obligation for individuals it has previously held,and potentially avoiding the costs and scrutiny associated with long-term detention within its own borders.
The lack of transparency surrounding these agreements and the potential impact on the deportees’ well-being are central to the criticism. Deportees often face challenges integrating into a country where they have no familial or social ties, and may not speak the local language or understand the culture.
### Government Response and Lack of Transparency
The Eswatini government spokesperson indicated they would not comment on the ongoing legal proceedings. Similarly,both Immigration and Customs Enforcement (ICE) and the department of Homeland Security (DHS) did not respond to requests for comment regarding the situation. This lack of response raises further questions about the US government’s willingness to address concerns surrounding the deportations.
### Key Takeaways
* The US is deporting individuals with criminal records to Eswatini under existing agreements.
* These deportations are facing legal challenges in Eswatini, questioning their constitutionality and impact on human rights.
* Concerns are growing about the mental health and well-being of deportees, especially regarding integration and potential for depression.
* Both the US and Eswatini governments have been largely unresponsive to requests for comment.
### Looking Ahead
The legal challenges in Eswatini and the continued scrutiny from human rights organizations suggest this issue will remain in the spotlight. The outcome of the court case could considerably impact the future of US-Eswatini deportation agreements and potentially lead to increased pressure on the US to address the concerns surrounding its deportation practices. Further inquiry and transparency from both governments are needed to ensure the fair and humane treatment of individuals affected by these policies.