Lead

Nineteen migrants deported from the United States are being held in a prison in Eswatini, as lawyers in the southern African kingdom challenge the legality of a deal that brought them there. The agreement, part of a broader US effort to send third-country nationals to African nations, has drawn criticism over detention conditions and human rights concerns, according to multiple reports.

Coverage Comparison

Reporting by Al Jazeera and RFI highlights the legal challenge and the conditions faced by detainees, while AllAfrica also focuses on protests outside the prison and the financial arrangements between the US and Eswatini. All three outlets note that Eswatini was among the first African nations to volunteer to accept deportees, and that the deal includes payment of $5.1 million from the US, as reported by Reuters.

Key Claims

Under the agreement, Eswatini agreed to host up to 160 deportees in exchange for $5.1 million, according to a leaked copy of the deal seen by Reuters, as reported by multiple outlets. So far, 19 migrants have been detained in a prison south of the capital Mbabane; two have been released and repatriated, according to reports.

Detainees and their relatives have described poor conditions, including overcrowding. Pheap Rom, a Cambodian national released from the facility, told Reuters that the prison was crowded, with four people to a small cell. He said he panicked when he realized he was being sent to an African country rather than another US Immigration and Customs Enforcement facility. The partner of another detainee, 64-year-old Felix Perez, said most of their communications have been limited, according to Reuters.

Two lawyers in Eswatini are challenging the legality of the deal in local courts, arguing it violates the country's constitution, as reported by Al Jazeera and RFI. Protests took place outside the prison in July 2025, according to AllAfrica and RFI.

In a separate but related legal action, an international coalition of lawyers has filed a complaint with the African Commission on Human and Peoples' Rights against Equatorial Guinea over a similar 'third-country' agreement with the US. The complaint, filed on behalf of 14 deportees, alleges that some are held under conditions 'amounting to arbitrary and indefinite detention,' and that six were forcibly repatriated to Equatorial Guinea despite fears of persecution or torture, according to Al Jazeera.

The US State Department's own report cites 'credible reports' of 'torture or cruel, inhuman, or degrading treatment or punishment' in Equatorial Guinea, as noted by Al Jazeera. The complaint was brought by groups including Asian Americans Advancing Justice, the Global Strategic Litigation Council, EG Justice, the Institute for Human Rights and Development in Africa, and the Pan African Lawyers Union.

A US State Department spokesperson said the US remains committed to ending illegal and mass immigration and bolstering border security, according to reports from Al Jazeera and AllAfrica.

Perspectives

Supporters of the US policy, as represented by the State Department, emphasize the need to enforce immigration laws and secure borders. The US has reached similar agreements with several African nations, including Cameroon, Ghana, Rwanda, and Sierra Leone, reflecting a broader strategy to send deportees to third countries.

Critics, including human rights groups and lawyers in Eswatini, argue the deals transfer migrants to countries with poor human rights records and inadequate conditions. They point to the detainees' testimonies of overcrowding and lack of proper care, and to the legal challenges now underway.

Eswatini's government has not publicly commented on the legal challenge, but the country's decision to accept the deal may be linked to its economic situation: a third of the population lives below the World Bank poverty line, and the US was its largest donor in 2024, primarily funding HIV/AIDS programs.

Corrections or Updates

This article draws on reporting from Al Jazeera, AllAfrica, RFI, and Reuters as of May 2026. The situation is developing; further court rulings and government responses may alter the picture.