African govts should terminate agreements, refuse new US deportees—Human Rights Watch

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The Human Rights Watch (HRW) has urged African governments to refuse to enter into agreements to accept third-country deportees from US and to terminate those that are already in effect under President Donald Trump's immigration crackdown. 

The nonprofit watchdog group headquartered in New York City, has also urged countries that are party to such agreements to disclose their terms and allow access to independent monitors.

"Refrain from detaining any deportees absent a clear legal basis and ensure that no deportee is returned to their home country if there is credible evidence that they would face the risk of persecution, enforced disappearance, torture, or other serious harm".

The deportation of migrants to countries which are not their own is part of US President Donald Trump's campaign promise to expel millions of undocumented migrants from the United States.

His administration has defended so-called third-country deportations as necessary, since the home nations of some of those targeted for removal sometimes refuse to accept them.

However, HRW says the US' recent expulsions of third-country nationals to Eswatini, Ghana, Rwanda and South Sudan have exposed several hundred people to a risk of arbitrary detention, ill-treatment and refoulement.

"The opaque deals that facilitate these transfers, at least some of which include US financial assistance, are part of a US policy approach that violates international human rights law and is designed to instrumentalise human suffering as a deterrent to migration," a HRW statement released on September 23, 2025, reads.

“These agreements make African governments partners in the Trump administration’s horrifying violations of immigrants’ human rights,” Africa advocacy director at HRW Allan Ngari says. 

“The African governments implementing these deals risk violating international law, including the prohibitions against refoulement and arbitrary detention.”

In August 2025, a Rwandan government spokesperson, Yolande Makolo, reportedly said that the country had agreed to accept up to 250 deportees, a much larger number than has been reported for Eswatini or South Sudan, under an agreement, which Human Rights Watch has seen, that includes roughly $7.5 million in US financial support.

The statement says Rwanda’s past role in similar arrangements with Israel, its now-abandoned negotiations for a comparable deal with the UK raise serious doubts about whether it will provide effective protection for the affected people.

Eswatini

The statement says HRW has viewed the written agreement between the United States and Eswatini, under which the US will provide $5.1 million to “build [Eswatini’s] border and migration management capacity” and Eswatini will accept up to 160 deportees from the US. So far, Eswatini has received at least five people from Cuba, Jamaica, Laos, Vietnam, and Yemen and is reportedly holding them in the Matsapha Correctional Complex under harsh conditions. An Eswatini official told Human Rights Watch that the country is preparing to receive another 150 people. Lawyers and civil society groups have challenged the legality of detaining these people.

South Sudan

South Sudan’s Ministry of Foreign Affairs and International Cooperation confirmed on September 4 that it was holding seven foreign nationals deported from the United States in July, while an eighth person, a South Sudanese national, was released to his family. A government spokesperson said that their status is still under consideration. On September 6, the authorities formally announced the repatriation of one Mexican national to Mexico, but did not clarify where the remaining six men are being held and under what conditions, nor did it explain the legal basis for holding them.

The South Sudanese authorities’ statements underscore the lack of transparency and due process protections surrounding these transfers, Human Rights Watch said.

Uganda

In Uganda, the foreign affairs ministry confirmed in a statement that a temporary bilateral co-operation agreement has been reached with US. Under its terms, Uganda will receive third-country deportees from us, but “individuals with criminal records and unaccompanied minors will not be accepted” and preference will be given to individuals of African origin.

Ghana

Ghanaian president John Mahama confirmed that his government has agreed to accept third-party nationals who were being removed from US. This agreement is limited to West African nationals. So far, five citizens of Nigeria and The Gambia have been expelled to Ghana under the contract. Before their expulsion, US immigration judges had granted all of them fear-based immigration relief, either withholding their removal under the US Immigration and Naturality Act or deferring their removal under the Convention against Torture.

“As the African Commission on Human and Peoples’ Rights special rapporteur on refugees has said, these agreements cannot override governments’ human rights obligations,” Ngari said. “The African Union should reiterate that deportations that do not afford people an opportunity to seek protection from persecution or torture are unlawful, abusive and unacceptable.”