Immigration expert Professor Loren Landau of Wits University says it is too early for South Africa to be concerned about potential fallout, after the US the Department of Homeland Security confirmed that a deportation flight carrying immigrants from multiple countries landed in Eswatini.

Last month, the US Supreme Court cleared the way for the Donald Trump administration to resume deporting migrants to countries other than their own, without allowing them to present evidence of possible harm they could face. 

The ruling was a significant victory for the administration’s aggressive immigration agenda.

The Department of Homeland Security (DHS) resumed third-country deportation flights on Tuesday, sending five immigrant detainees -each from a different country – to Eswatini. 

The men, originally from Vietnam, Laos, Jamaica, Cuba, and Yemen, reportedly have criminal records, including convictions for murder and sexual assault, according to a social media post by DHS spokesperson Tricia McLaughlin.

“Today, DHS conducted a third-country deportation flight to Eswatini. These criminal illegal aliens are so uniquely barbaric that their home countries refused to take them back,” the DHS said in the post. 

“Under the leadership of the secretary of homeland security (Kristi Noem) and President Donald Trump, we are removing these convicted criminals from our soil so they can never hurt another American victim.”

Speaking to IOL News, Landau questioned the legality and ethical implications of such deportations.

“Typically, deportations can only occur with the agreement of a person’s country of citizenship,” Landau said. 

“In this case, these are removals akin to the deals Denmark has struck with Rwanda. Effectively, the US (and other countries) are creating publicly funded detention facilities in other countries.”

He drew a comparison to how Western nations export waste to Africa.

“Much like the US and Europe pay African countries to process our material waste – computers, clothes…they are effectively paying African states to process what Americans see as their human detritus.”

Eswatini, which borders South Africa, has long struggled with porous borders. 

Asked if South Africa should be concerned about potential consequences, Landau said, “The numbers of people likely to be sent to Eswatini will be relatively small. It is also unclear whether they will be held in detention or allowed to move freely.”

“At this point, it is too early to know what the consequences will be for South Africa. The bigger concern is how this affects regional diplomacy and cooperation.”

While the deportees in this instance are not refugees or asylum seekers, Landau warned that the practice sets a dangerous precedent.

“My understanding is that these are not refugees or asylum seekers, but undocumented migrants,” he said. 

“Nonetheless, it does set a dangerous precedent for the rule of law, human rights, and basic human dignity.”

He added that this trend contributes to a troubling global dynamic.

“It also helps to reinforce a global color line, in which the US (and others pursuing similar actions) seek to create a white future for themselves. This is a fruitless effort, but one that sends a clear message that the wealthy West is not for them.”

Landau also questioned the long-term logistics and accountability.

“Who takes responsibility for these deportees once they arrive, especially if they have committed serious crimes?” he asked. 

“Presumably, the US will be paying the countries to do this. However, there is likely to be little supervision, and conditions for detainees and prisoners across Africa rarely meet global – or even national – human rights standards.”

According to reports, the resumption of third-country deportations comes as US Immigration and Customs Enforcement (ICE) issued new guidance allowing deportations to non-native countries under certain conditions, in as little as six hours. 

In some cases, immigrants may be sent without guarantees they won’t be persecuted or tortured.

The guidance states that while ICE must serve a notice of removal in a language the immigrant understands, officers are not required to ask if the person fears being sent to the designated country. If the individual expresses fear, they are to be screened for protection within 24 hours. 

However, ICE may still attempt to send them to another country – even one they have expressed fear of.

simon.majadibodu@iol.co.za

IOL

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