Full Breakdown
U.S. Third-Country Deportations: Laotian Man Freed After Year-Long Detention in Eswatini
By Drooid · · How we work
Core Event – Release of Phone Chomsavanh
Phone Chomsavanh, a Laotian citizen, was released from the Matsapha Correctional Complex in Eswatini on 4 October after more than 14 months of confinement. His U.S.–based lawyer, Tin Thanh Nguyen, confirmed that Chomsavanh departed Eswatini via Johannesburg en route to Laos. The release occurred without an announced court order or public statement from Eswatini officials.
Background & Context
The Trump administration launched a “third-country” removal program in 2025 to expedite deportations of individuals with final removal orders when their home governments were unwilling to accept them. Under a memorandum signed on 14 May 2025, the United States paid Eswatini $5.1 million to host deportees, allowing the kingdom to accept up to 160 third-country nationals. The program has been carried out with limited transparency, and the United States has defended it as a rapid solution to immigration enforcement challenges.
Data & Statistics
- ? 500 immigrants have been deported from the United States to African nations since the program began (Human Rights First, Refugees International).
- ? 30 deportees have been sent to Eswatini, while the country has received $5.1 million for participation.
- In July 2025, Chomsavanh and four others were transferred to Eswatini; all had completed their U.S. sentences before the flight.
Official Statements & Responses
- Assistant Secretary for Homeland Security Tricia McLaughlin called the transferred individuals “criminal illegal aliens” and defended the policy as a means to remove people whose home countries would not promptly accept them.
- The U.S. Supreme Court issued a temporary order allowing the program to continue while it considers the case, with arguments scheduled for December.
- An Eswatini government spokesperson did not immediately comment on Chomsavanh’s release.
- Amnesty International welcomed a 2026 Eswatini Supreme Court ruling that upheld a High Court order granting lawyers access to deportees, but warned that access alone does not resolve concerns about indefinite detention.
Criticism & Opposition
Human Rights First, Refugees International, and Amnesty International have condemned the program for denying due process. Nguyen said: “He had already served his time. Instead they put him on a plane without telling him where it was headed and left him in a prison in a country he had never heard of.” The organizations argue that deportees are placed in countries with no legal ties, often without notice, hearing, or the ability to object, violating basic procedural rights.
Conflicting Reports & Gaps
- Number of deportees to Eswatini: Some sources cite “around 30” individuals, while the memorandum permits up to 160, creating uncertainty about actual transfers.
- Legal basis for detention: No public record links Chomsavanh’s release to a specific court order, and the precise statutory authority allowing indefinite confinement after sentence completion remains unclear.
Timeline
- 14 May 2025 – Memorandum signed; $5.1 million payment formalized.
- July 2025 – Chomsavanh and four others deported to Eswatini.
- 4 October – Chomsavanh left Eswatini for Laos via Johannesburg.
What’s Next
Chomsavanh’s onward deportation to Laos is pending, and his case highlights broader questions about the third-country program’s legality and humanitarian impact. U.S. courts will hear arguments on the program’s constitutionality in December, while advocacy groups continue to press for greater transparency and procedural safeguards for deportees held abroad.