Eswatini Releases Cambodian Man Deported Under US Third-Country Programme
A Cambodian man deported by the United States to the African kingdom of Eswatini under a controversial Trump-era immigration policy has been released from detention and is now being repatriated to Cambodia, his lawyer confirmed on Wednesday. Pheap Rom, 43, spent five months held at the Matsapha Correctional Complex, a maximum-security prison near Mbabane, before his release this week.
Journey from US Detention to African Prison
Mr Rom was deported to Eswatini in October as part of the Donald Trump administration's third-country deportation programme, which has sent approximately 300 migrants to nations with which they have no ties. He arrived on 6 October aboard a private jet with nine other shackled deportees, greeted by 20 to 30 masked military personnel carrying machine guns. "None of the detainees knew where they were going," according to accounts from the scene.
After serving a 15-year prison sentence in the US for attempted murder, released in late 2024, Mr Rom lost his legal status during removal proceedings. His family had originally moved to the US as refugees when he was a child and later became lawful permanent residents. Despite having never lived in Cambodia, he expressed excitement about finally being free.
Harsh Conditions at Matsapha Correctional Centre
During his detention, Mr Rom described impoverished conditions at the maximum-security facility. Inmates received one roll of toilet paper and a bar of soap weekly, with meals often lacking meat. Breakfast consisted of porridge or bread with tea, while lunch and dinner typically featured a scoop of rice with vegetable broth or beans. Protein sources like chicken were rare, forcing inmates to purchase boiled eggs or meat platters from the commissary.
The initial months were particularly difficult, with inmates awakened at 7:30 AM, allowed just 15 minutes outdoors daily, and confined to their cells by 5:30 PM. Phone use was restricted to once weekly for 10-15 minutes, with guards monitoring and logging conversations. "If families were asleep, working or didn't have WhatsApp, they were unable to call again for another week," Mr Rom explained during a phone interview while still detained last week.
Conditions improved during the final three months, with increased outdoor time and access to internet and cellphones for international calls to family, friends, and attorneys.
Controversial Third-Country Deportation Programme
The US has struck deals with at least seven African nations, including Eswatini, to accept deportees under the third-country programme. According to a US State Department release, America paid Eswatini $5.1 million to accept up to 160 deportees, who can be held for up to a year despite the government describing them as being in "transit" on their way home.
A Senate Foreign Relations Committee report estimated the cost of deporting one person to Eswatini at approximately $413,000. Lawyers have consistently criticized the programme as unlawful, arguing it bypasses US immigration laws and denies deportees fundamental rights, including the ability to challenge detention in court.
Mr Rom's US-based lawyer, Tin Thanh Nguyen, stated that his client's five-month detention in Eswatini was unlawful since he faced no criminal charges in the African country. "Rom's release proves what we have argued from the beginning. These third-country deportations are unnecessary and unlawful," Mr Nguyen declared.
Legal Challenges and Political Scrutiny
The deportation programme has faced multiple legal challenges both in the US and recipient countries. In February, a US federal judge ruled the policy unlawful for failing to provide migrants notice of their destination or opportunity to challenge deportations, though an appeals court lifted that order this month. The US Supreme Court previously allowed the Trump administration to proceed with third-country deportations.
In Eswatini, one of the world's last absolute monarchies ruled by King Mswati III, two legal challenges are underway. A lawyer representing deportees at Matsapha prison has sued the government after being denied access to clients, while local advocacy groups challenge the legality of holding foreign nationals for months without charge.
The Trump administration's selection of African partners has drawn particular scrutiny, including nations with repressive governments and questionable human rights records like Eswatini, South Sudan, and Equatorial Guinea. Democrats have questioned a $7.5 million payment to Equatorial Guinea, where the US has sent more than two dozen deportees.
Path Forward for Remaining Detainees
Mr Rom is the second deportee repatriated from Eswatini, following a Jamaican man flown home in September. After his release, he took a commercial flight to Johannesburg, South Africa, to begin his journey to Cambodia. The US has sent 19 migrants from various countries to Eswatini in three batches since July.
"I hope that my repatriation sets a path for their repatriation, because these guys are still human beings, fathers, sons, uncles and they deserve due process," Mr Rom said regarding the remaining detainees.
While the US State Department and Department of Homeland Security defend third-country deportations as necessary for quickly removing people illegally in the country—many convicted of serious crimes who completed US sentences—legal battles over the programme's legitimacy continue to unfold across multiple jurisdictions.
