U.S.–Africa Deportation Deals Balancing Strategic Diplomacy and International Law

By Ndiho Media
The Trump administration’s agreements with Rwanda, South Sudan, and Eswatini to accept deportees labeled as dangerous criminals have drawn both praise and criticism. Supporters see them as a diplomatic breakthrough that strengthens U.S.–Africa ties, while critics warn they raise serious legal and ethical questions under international law.
Joseph Szlavik, Partner at Scribe Strategies & Advisors and a key figure in behind-the-scenes negotiations with these African governments, says the arrangements are rooted in long-standing policy.
“This isn’t the first time the United States has deported people to a third host country. There are preexisting treaties and policies—like the ‘Safe Third Nation’ agreements we have with Canada and Mexico. President Trump is not setting a new precedent here,” Szlavik told Ndiho Media.
Szlavik explains his program as fixing a logistical issue: some countries of origin will not repatriate citizens, especially at moments of strained diplomatic relations, like with Cuba or Venezuela. He specifies that those being rescreened are “hardened criminals—people convicted of murder, rape, and other serious crimes” and not ordinary migrants.
For Szlavik, they also provide an ample diplomatic opportunity.
“Under President Trump, embassies are quickening their response to U.S. queries. It demonstrates Africa rising as an international partner and taking part in solution-oriented approaches beyond aid,” he said.
However, David O. Monda, who is a journalist as well as a professor at City University of New York – Guttman Community College, does not concur. In his argument, he asserts that arrangements risk violating U.S. constitutional protections, together with the non-refoulement rule at international law, where individuals cannot be transferred to states where they will not enjoy their rights or safety.
“All three countries are small, landlocked, and poor, with unstable political systems and human rights concerns,” Monda said. “It’s an elephant and ant situation—an asymmetrical power dynamic where the U.S. holds all the leverage.”
Monda challenges the morality of dispatching people who have not been to Africa to countries where they do not have connections.
“It creates the perception that Africa is becoming a dumping ground for America’s rejects,” he noted, adding that larger African countries like Kenya and Nigeria have rejected similar proposals.
Though Szlavik points out that the Supreme Court upheld the legality of the program and African governments’ willingness to cooperate, Monda warns against circumventing due process.

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