Trump’s Third-Country Deportations: Using Africa as a “Legal Black Hole

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The United States is using visa restrictions and financial incentives to pressure African nations into accepting deportees from third countries, according to former State Department officials and legal advocates. This strategy, reported by AFP, involves “cash sweeteners” and the threat of visa bans to compel countries like Eswatini, Rwanda, and Ghana to take individuals who are not their own nationals.

How is the U.S. securing third-country deportation deals?

The Trump administration utilizes a “carrot and stick” approach to secure agreements. According to former State Department officials cited by AFP, the U.S. wields the threat of visa bans and restrictions on African countries to “strongarm” them into accepting migrants. Conversely, the U.S. offers millions of dollars in aid to those who comply.

How is the U.S. securing third-country deportation deals?

Specific financial agreements reported by Human Rights Watch include:

  • Eswatini: Agreed to take 160 deportees in exchange for $5.1 million (4.4 million euros).
  • Rwanda: Reportedly sealed a $7.5-million aid deal for 250 people.

Former officials state that the best way for a country to move off a U.S. visa restriction list is to agree to take third-country deportees or asylum seekers. For example, after Ghana began accepting West African deportees, Washington reversed its visa restrictions and lifted a 15 percent tariff on its cocoa and agricultural exports, according to the reporting.

What happens to deportees in these “legal black holes”?

Lawyers describe the situation for these deportees as a “legal black hole,” where individuals are held without charge in countries where they have no ties. U.S.-based lawyer Tin Thanh Nguyen told AFP that the process resembles “modern-day human trafficking, through official channels.”

What happens to deportees in these "legal black holes"?

Case studies from the reporting highlight severe conditions:

  • Eswatini: Pheap Rom, 43, and Roberto Mosquera were held in a high-security prison in the nation ruled by King Mswati III. Rom reported being allowed outdoors for only 15 minutes a day.
  • Ghana and Togo: Some deportees were held at a remote military base in Ghana before being dumped without documents in neighboring Togo.
  • Equatorial Guinea: A 23-year-old man identified as Khalid, who had been granted protection from deportation by a U.S. judge, was deported to Equatorial Guinea in January. He remains stuck after being turned away by his home country due to a lack of travel documents.

Why are people with “torture protections” being deported?

The administration is targeting individuals who hold protections under the Convention Against Torture (CAT) or “withholding of removal.” While these protections legally bar the U.S. from sending a person back to their country of origin, the government argues they can still be sent to a third country.

Trump expands deportations to African countries under third-country agreements

Immigration and Customs Enforcement (ICE) views these individuals as "low hanging fruit" because it is logistically easier to deport them to a third country than to navigate the legal hurdles of a direct return. Lawyer Meredyth Yoon noted that many clients believed they had "won" their cases, only to be deported to third countries in the middle of the night, often without knowing their destination until they were on the plane.

Which countries have resisted these agreements?

Not all African nations have complied with U.S. demands. Burkina Faso, ruled by a junta, has refused to accept people expelled by the U.S. Foreign Affairs Minister Karamoko Jean-Marie Traore questioned if the U.S. was using “blackmail” after Washington abruptly stopped processing visas in Ouagadougou in October. Consequently, Burkina Faso was hit with a travel ban.

Which countries have resisted these agreements?

Similarly, a former Nigerian government official told AFP that Abuja rebuffed U.S. overtures to take in Venezuelans last year, which resulted in subsequent visa restrictions.

Summary of Third-Country Deportation Impact

Country Reported Deal/Outcome Source of Information
Eswatini $5.1 million for 160 deportees Human Rights Watch / AFP
Rwanda $7.5 million for 250 deportees Human Rights Watch / AFP
Ghana Visa restrictions lifted; cocoa tariffs removed Former State Dept. Officials / AFP
Burkina Faso Refused deal; faced travel ban Foreign Affairs Minister Traore

The State Department told AFP that implementing these immigration policies remains a “top priority” to end illegal mass immigration and bolster border security. However, legal advocates warn that this creates a system of “chain refoulement,” where the U.S. uses third countries to eventually push migrants back to the dangerous homelands the U.S. was legally barred from using.

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