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The government of Eswatini is facing mounting legal scrutiny after a coalition of human rights lawyers and non-governmental organizations (NGOs) initiated legal proceedings challenging its decision to accept five foreign nationals deported from the United States.
The lawsuit alleges that the arrangement between Eswatini and the administration of U.S. President Donald Trump violates the nation’s constitution. According to the petitioners, the deal, reportedly made without parliamentary approval, breaches due process and undermines legislative oversight.
The deportees, originating from Vietnam, Jamaica, Laos, Yemen, and Cuba, were transferred to Eswatini in July under claims from Washington that they are “dangerous criminals.” They are currently detained at the Matsapha Maximum Security Correctional Centre, a facility reported to be operating at nearly double its capacity, approximately 190% overcrowded.
Human rights advocates have raised serious concerns about the lack of transparency surrounding their detention. Reports suggest that the detainees are being held in solitary confinement, and there has been no public confirmation of legal or humanitarian access to them.
Eswatini’s leadership has defended the decision, framing the arrangement as a product of strong diplomatic relations with Washington. King Mswati III, the country’s monarch, previously stated that the deportees pose no threat to the nation and that their temporary detention aligns with a plan to eventually repatriate them to their countries of origin.
However, critics argue that the deal was made in secrecy and undermines both public accountability and Eswatini’s sovereignty.
The case, initially scheduled for a High Court hearing last Friday, has been postponed to 25 September after the government reportedly failed to file its response papers in time. The Attorney General has dismissed the case as “baseless” and described the legal action as a “frivolous application.”
This controversy arises against the backdrop of a broader U.S. immigration policy under President Trump, which aims to significantly expand deportations, including sending migrants and offenders to third countries when repatriation to their home nations is not immediately possible.
Human rights groups warn that such policies may lead to violations of international human rights standards, particularly when recipient countries lack adequate infrastructure or transparent legal processes to handle such transfers.