The Trump administration negotiated a secretive deal with the government of Equatorial Guinea — one of the world's most repressive regimes — paying $7.5 million to accept deportees from the United States. Twenty-nine people from nine different countries were sent on two flights, the first on November 24, 2025 and the second on January 22, 2026. None of the deportees were citizens of Equatorial Guinea.
\nThe deportees came from Ethiopia, Eritrea, Mauritania, Angola, Congo, Chad, Georgia, Ghana, and Nigeria. Many had fled persecution and violence in their home countries and sought asylum in the United States. Instead of processing their claims, the administration sent them to a country that Freedom House rates 5 out of 100 on its Freedom in the World index — among the lowest scores on Earth, comparable to North Korea and Eritrea.
\nThe US State Department's own human rights report on Equatorial Guinea documents \"credible reports of torture or cruel, inhuman, or degrading treatment or punishment; arbitrary arrest or detention; transnational repression against individuals in another country; serious restrictions on freedom of expression and media freedom, including censorship; trafficking in persons, including forced labor.\"
\nEquatorial Guinea has been ruled by the Obiang family since 1979, making it one of the world's longest-running dictatorships. The country has no asylum system whatsoever. Once deported there, the 29 individuals face an impossible choice: indefinite detention without access to legal counsel, or forced deportation to the very countries they originally fled.
\nAt least one of the 29 deportees was sent to Equatorial Guinea despite having a court order preventing their removal from the United States. This represents a direct defiance of judicial authority and a violation of the individual's due process rights.
\nOn February 25, 2026, the US District Court for the District of Massachusetts declared the Department of Homeland Security's third-country removal policy unlawful and set it aside. However, this ruling came too late for the 29 people already stranded in Equatorial Guinea, who remain there with no path to asylum, resettlement, or return to the United States.
\nThe Equatorial Guinea deal is part of a wider pattern. According to the Senate Foreign Relations Committee minority report published in February 2026, the administration has spent at least $40 million deporting roughly 300 migrants to third countries — countries the deportees have no connection to and did not come from. These secret deals have been negotiated with some of the world's most authoritarian governments, bypassing normal diplomatic transparency and congressional oversight.
\nSenator Jeanne Shaheen described Equatorial Guinea as \"one of the most corrupt governments in the world\" and questioned the $7.5 million payment tied to the deportations.
\nThe deportation of people to a country with well-documented torture and arbitrary detention implicates several foundational protections under international law.
\nThe Convention Against Torture, which the United States has ratified, contains an absolute prohibition on refoulement — the return of any person to a state \"where there are substantial grounds for believing that he would be in danger of being subjected to torture.\" Given the US State Department's own documentation of torture in Equatorial Guinea, and the country's 5/100 Freedom House rating, the substantial grounds threshold is clearly met. The CAT's non-refoulement obligation is non-derogable — it applies regardless of the individual's immigration status, criminal history, or national security considerations.
\nThe 1951 Refugee Convention's Article 33 similarly prohibits the expulsion or return of refugees to territories where their \"life or freedom would be threatened.\" Many of the 29 deportees had fled persecution in their home countries; sending them to a country with no asylum system, where they face potential forced return to those same countries, constitutes chain refoulement.
\nThe ICCPR's Article 13 requires that aliens lawfully in a state's territory may only be expelled \"in pursuance of a decision reached in accordance with law\" and must \"be allowed to submit reasons against expulsion.\" The secretive nature of the deportation deal, the middle-of-the-night operations, and the defiance of at least one court order suggest these procedural protections were not observed.
\nThe deportation of at least one person in defiance of a court order is a violation of due process under both US constitutional law and ICCPR Article 9. When a court has issued an order preventing removal, executing that removal anyway represents a fundamental breakdown in the rule of law.
\nThis incident receives a severe severity classification because:
\nThe following international law provisions are implicated:
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