Cambodian man deported by the US to Eswatini is being repatriated, his lawyer says

A Cambodian man who was deported by the United States to Eswatini under the controversial third-country deportation program has been released after five months in a maximum-security prison, his lawyer announced Wednesday.

Pheap Rom, who had completed a 15-year sentence in the U.S. for attempted murder before his deportation in October, was freed from Matsapha Correctional Center and is now being repatriated to Cambodia. His journey home began with a commercial flight to Johannesburg, South Africa, according to his U.S.-based attorney, Tin Thanh Nguyen.

“Rom’s release proves what we have argued from the beginning. These third-country deportations are unnecessary and unlawful,” Nguyen said in a statement. He emphasized that Rom was illegally held at the Eswatini prison for five months despite facing no criminal charges in the African nation.

Rom is among 19 migrants sent to Eswatini in three separate groups since July 2023 under the Trump administration’s controversial deportation policy. He is only the second to be repatriated, following a Jamaican man who was flown home last September.

The third-country deportation program has become a cornerstone of President Trump’s stringent immigration enforcement strategy. Under this initiative, the U.S. has deported approximately 300 migrants to countries with which they have no connection. The administration has established agreements with at least seven African nations to accept these deportees.

According to documents released by the U.S. State Department, Eswatini received $5.1 million to take up to 160 deportees. While the Eswatini government has characterized these migrants as being “in transit” on their way to their home countries, the agreement allows them to be detained in Eswatini for up to a year.

The State Department and Department of Homeland Security have defended the practice as an effective means to swiftly remove individuals who are in the United States illegally. Many of those sent to Eswatini had been convicted of serious crimes and had completed their sentences in American prisons.

Critics and legal experts, however, argue that the program circumvents U.S. immigration laws and denies deportees their rights. The policy has triggered multiple legal challenges both in the United States and in recipient countries.

Last year, the U.S. Supreme Court allowed the administration to continue with third-country deportations. However, last month, a federal judge ruled the policy unlawful because it failed to notify migrants of their destination or provide them an opportunity to challenge their deportation. An appeals court subsequently lifted that order earlier this month.

In Eswatini, the deportations have prompted two legal challenges. A local attorney representing deportees at Matsapha prison claims he has been denied access to his clients and has sued the government. Separately, advocacy groups have contested the legality of Eswatini holding foreign nationals in prison for months without criminal charges.

The Trump administration’s selection of partner countries has drawn scrutiny from human rights organizations and U.S. lawmakers. Many of the chosen nations, including Eswatini, South Sudan, and Equatorial Guinea, have been criticized for repressive governance and poor human rights records.

Eswatini, formerly known as Swaziland, is one of the world’s last absolute monarchies. King Mswati III has been repeatedly accused of violently suppressing pro-democracy movements in the southern African nation.

Equatorial Guinea, which has received more than two dozen deportees from the U.S., has been governed by the same president since 1979 and is widely regarded as having one of the most corrupt governments globally. Democratic lawmakers have questioned the Trump administration over a $7.5 million payment made to the Equatorial Guinea government as part of the deportation arrangement.

As Rom begins his journey back to Cambodia after his five-month detention, his case highlights the ongoing tension between the administration’s immigration enforcement goals and concerns about the legal and humanitarian implications of third-country deportations.