US deports immigrants from Jamaica, Cuba and other countries to the African kingdom of Eswatini

CAPE TOWN, South Africa (AP) — The United States sent five immigrants it says were convicted of serious crimes to the African nation of Eswatini, the U.S. Department of Homeland Security said — an expansion of the Trump administration's largely secretive third-country deportation program.

The U.S. has already deported eight men to another African country, South Sudan, after the Supreme Court lifted restrictions on sending people to countries where they have no ties. The South Sudanese government has declined to say where those men, also described as violent criminals, are after it took custody of them nearly two weeks ago.

In a late-night post on X Tuesday, Homeland Security Assistant Secretary Tricia McLaughlin said five men — citizens of Vietnam, Jamaica, Cuba, Yemen and Laos — had been deported to Eswatini. She said they were all convicted criminals and “individuals so uniquely barbaric that their home countries refused to take them back.”

The men “have been terrorizing American communities" but were now "off of American soil,” McLaughlin added.

McLaughlin said they had been convicted of crimes including murder and child rape and one was a "confirmed" gang member. Her social media posts included mug shots of the men and what she said were their criminal records and sentences. They were not named.

The Eswatini government said Wednesday the men, which it referred to as "prisoners" and “inmates,” were being held in isolated units in unnamed correctional facilities in Eswatini but were considered to be in transit and would ultimately be sent back to their home countries.

In a series of posts on X, the Eswatini government said it would collaborate with the United States and the U.N. migration agency to facilitate their return home and ensure “due process and respect for human rights is followed" as part of their repatriation. The government gave no timeframe for that to happen.

Four of the five countries where the men are from have historically been resistant to taking back some citizens when they’re deported from the United States. That issue has been a reccurring problem for Homeland Security even before the Trump administration. Some countries refuse to take back any of their citizens, while others won't accept people who have committed crimes in the United States.

Trina Realmuto is a lawyer with the National Immigration Litigation Alliance and one of the lawyers litigating a key case challenging the Department of Homeland Security’s efforts to remove people to third countries without notice or giving them the opportunity to raise concerns over persecution or torture. Third countries are ones not specifically listed on the final order of removal issued by an immigration judge and usually not the country a deportee is from.

Realmuto said part of the administration’s goal with flights like the one to Eswatini is to send a message that people could be punished by being sent to “far-flung countries.”

“It’s disturbing that we don’t know what the exchange was to get Eswatini to accept these individuals. We don’t know if there were diplomatic assurances and, if so, what they said. We don’t know if these individuals were given notice,” Realmuto said. “It’s all done in secrecy.”

A July 9 memo to U.S. Immigration and Customs Enforcement staff lays out the agency’s policy governing when and how ICE can send someone with a final order of removal to a “third country.”

If the United States has received assurances that the State Department deems credible from the third country that people the U.S. sends there won’t be tortured, ICE can send them without any further procedures.

If the U.S. hasn’t received those assurances, ICE can still send the person there but first has to notify them, in a language the person understands, telling them where they’re going. Time between notice and deportation is generally 24 hours, but can be as little as six hours.

ICE doesn’t have to ask if they fear being sent there. If the person raises concerns on their own, they’re interviewed by an asylum officer and must show it’s more likely than not they’ll be persecuted or tortured there.

“It’s an impossible standard to meet, especially if the person is not knowledgeable about the country,” Realmuto said.

Eswatini, previously called Swaziland, is a country of about 1.2 million people between South Africa and Mozambique. It is one of the world’s last remaining absolute monarchies and the last in Africa. King Mswati III has ruled by decree since 1986. Political parties are effectively banned and pro-democracy groups have said for years that Mswati III has crushed political dissent, sometimes violently.

Pro-democracy protests erupted in Eswatini in 2021, when dozens were killed, allegedly by security forces. Eswatini authorities have been accused of conducting political assassinations of pro-democracy activists and imprisoning others.

As with South Sudan, rights groups criticized the Trump administration's choice to send the deportees to Eswatini, given its record.

Amy Fischer, Amnesty International USA’s director of refugee and migrant rights, said the U.S. State Department's own 2023 human rights report found credible accounts of unlawful or arbitrary killings by security forces in Eswatini, impunity for abuses, and harsh prison conditions.

“As a result, anyone returned to this country is at risk of serious human rights violations,” she said. “The cruelty is the point.”

The Trump administration has said it is seeking more deals with African nations to take deportees from the United States. Leaders from some of the five West African nations who met last week with President Donald Trump at the White House said the issue of migration and their countries possibly taking deportees from the U.S. was discussed.

Some nations have pushed back. Nigeria, which wasn't part of that White House summit, said it has rejected pressure from the U.S. to take deportees who are citizens of other countries.

Rwanda’s foreign minister told The Associated Press last month that talks were underway with the U.S. about a potential agreement to host deported migrants. A British government plan announced in 2022 to deport rejected asylum-seekers to Rwanda was ruled illegal by the U.K. Supreme Court last year.

The U.S. also has sent hundreds of Venezuelans and others to Costa Rica, El Salvador and Panama.

The eight men deported by the U.S. to war-torn South Sudan, where they arrived early this month, previously spent weeks at a U.S. military base in nearby Djibouti, located on the northeast border of Ethiopia, as the case over the legality of sending them there played out.

The South Sudanese government has not released details of its agreement with the U.S. to take deportees, nor has it said what will happen to the men. A prominent civil society leader there said South Sudan was "not a dumping ground for criminals.”

Analysts say some African nations might be willing to take third-country deportees in return for more favorable terms from the U.S. in negotiations over tariffs, foreign aid and investment, and restrictions on travel visas.

The Eswatini government said its arrangement with the U.S. posed no security threat to the people of Eswatini. “This exercise is the result of months of robust high-level engagements between the U.S. government and Eswatini,” it said.

FILE - Eswatini's King Mswati III addresses the Climate Action Summit in the United Nations General Assembly at U.N. headquarters, Sept. 23, 2019. (AP Photo/Jason DeCrow, File)

FILE - The Department of Homeland Security logo is seen during a news conference in Washington, Feb. 25, 2015. (AP Photo/Pablo Martinez Monsivais, File)

FILE - King Mswati III of Eswatini arrives for the swearing-in ceremony of Cyril Ramaphosa at Loftus Versfeld stadium in Pretoria, South Africa, on May 25, 2019. (AP Photo/Jerome Delay, File)

FILE - Eswatini's King Mswati III addresses the Climate Action Summit in the United Nations General Assembly at U.N. headquarters, Sept. 23, 2019. (AP Photo/Jason DeCrow, File)

FILE - The Department of Homeland Security logo is seen during a news conference in Washington, Feb. 25, 2015. (AP Photo/Pablo Martinez Monsivais, File)

FAIRFAX, Va. (AP) — A Virginia man who had a relationship with a Brazilian au pair is going to trial Monday in what prosecutors say was an elaborate double-murder scheme to frame another man in the stabbing of his wife.

Brendan Banfield is charged with aggravated murder in the February 2023 killings of Christine Banfield and Joseph Ryan at the Banfields' home in northern Virginia. He has pleaded not guilty in the case.

Banfield and Juliana Peres Magalhães, the family’s au pair, were with the wife and Ryan on the morning the victims were killed in the primary bedroom of the Banfield home, court records say. Authorities have said on that day, Banfield and Magalhães told officials they saw Ryan, a stranger, stabbing the wife after he entered the house. Then they each shot the intruder, Banfield and Magalhães said at the time.

Prosecutors have painted a different picture, arguing that Brendan Banfield and Magalhães lured Ryan to the house and staged it to look like he and the au pair shot a predator in defense. Officials have said Banfield and Magalhães had a romantic affair beginning the year before the killings.

Both the au pair and husband were arrested between 2023 and 2024 and initially handed murder charges in the case. In 2024, Magalhães pleaded guilty to a downgraded manslaughter charge after giving a statement to officials confirming parts of their theory.

In that statement, Magalhães said she and Brendan Banfield created an account in his wife’s name on a social media platform for people interested in sexual fetishes. There, Ryan connected with the account in Christine Banfield’s name, and the users made plans to meet on the morning of Feb. 24, 2023, for a sexual encounter that would involve a knife, authorities said based on the statement from Magalhães.

Prosecutor Eric Clingan said last year that the au pair's statement helped the state solidify its theory ahead of trial.

“With 12 different homicide detectives, there were 24 different theories,” Clingan said. “Now, one theory.”

Not all officials investigating the case have believed Banfield and Magalhães catfished Ryan.

Brendan Miller, a former digital forensic examiner with the Fairfax County Police Department, testified last year that he analyzed dozens of devices and concluded Christine Banfield had connected with Ryan herself through the social networking platform.

An evidence analysis team at the University of Alabama peer-reviewed and affirmed Miller’s digital forensic findings, according to evidence submitted to the court.

Miller was transferred out of the department’s digital forensics unit in late 2024, though a former Fairfax County commander testified the reassignment was not punitive or disciplinary.

John Carroll, Banfield's attorney, argued that Millers' transfer was directly tethered to the case. He also said in court that Fairfax County police reassigned the case’s lead detective after that man had pushed back on the top brass’ catfishing theory.

“It is a theory in search of facts rather than a series of facts supporting a theory,” Carroll said.

Banfield, whose daughter was at the house on the morning of the killings, is also charged with child abuse and felony child cruelty in connection with the case. He will also face those charges during the aggravated murder trial.

FILE - This image provided by the Fairfax County Police Department and taken on Oct. 13, 2023, was submitted as evidence in the murder case against Brendan Banfield shows a framed photo of Banfield and Juliana Peres Magalhães on his bedside table in Herndon, Va. (Fairfax County Police Department via AP, File)