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U.S. Deports Convicted Migrants to Eswatini Under New Third-Country Policy

The flight transported five convicted violent offenders after the high court lifted procedural limits, enabling removal with just hours’ notice under new ICE guidelines.

FILE - The seal of U.S. Department of Homeland Security is seen before the news conference with Acting director of U.S. Immigration and Customs Enforcement (ICE) Todd Lyons at ICE Headquarters, in Washington, on May 21, 2025. (AP Photo/Jose Luis Magana, File)
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Overview

  • In late June, the Supreme Court cleared the way for third-country deportations by lifting a lower-court injunction that had required pre-removal hearings.
  • The July 9 ICE memo directs officers to serve at least 24 hours’ notice—or six hours in exigent circumstances—and allows immediate removal when diplomatic assurances are deemed credible.
  • On July 15, DHS deported five migrants convicted of violent crimes from Vietnam, Jamaica, Laos, Cuba and Yemen to Eswatini under the expedited policy.
  • The policy applies to migrants with final removal orders who face persecution at home or whose origin countries refuse to accept their return.
  • Advocates warn the expedited removals erode due process and may breach the international non-refoulement obligation by restricting meaningful judicial review.