The United States has begun deporting foreign nationals convicted of crimes to African countries, including Eswatini and South Sudan, raising serious legal and humanitarian concerns. Twelve individuals from nations such as Mexico, Yemen, and Myanmar were recently deported, despite not being citizens of the African countries receiving them.

This approach, known as third-country deportation, involves sending migrants to nations that are not their country of origin. While legal under international law in specific circumstances, experts warn that such deportations may violate the principle of non-refoulement — a legal doctrine that forbids returning individuals to countries where they may face harm.

Legal experts and human rights groups argue that the deportations may be unlawful for two primary reasons: the individuals were not given a fair chance to challenge their deportation in court, and the receiving countries have questionable human rights records.

South Sudan, in particular, has been flagged by the US State Department as unsafe due to ongoing conflict, political instability, and poor detention conditions. Some deportees are reportedly being held in a detention center in the capital, Juba, but their status remains unclear.

A deportation flight earlier this year was rerouted to Djibouti after a US judge ruled that migrants must be allowed to legally contest removal to third countries. However, the US Supreme Court later permitted the deportations to continue without confirming the safety of the destination countries.

UN officials stress that legal proceedings in such cases often start too late, leaving migrants without timely access to legal support. Critics fear this could set a precedent for accelerated removals without adequate legal safeguards.

As the US administration continues to explore third-country deportations to Africa, pressure is mounting from international bodies and rights organizations to ensure that basic human rights and legal protections are upheld.