Eswatini is facing a legal challenge after secretly agreeing to take in deportees from the United States under a little-known arrangement linked to former President Donald Trump’s “third-country deportation” policy. In July, five men from Vietnam, Jamaica, Laos, Cuba, and Yemen were deported to Eswatini instead of their home countries, sparking outrage from human rights lawyers and civic groups.
The deportees have been held in solitary confinement since their arrival. Lawyers argue that they have already completed their criminal sentences in the U.S. and should not be imprisoned further. They also claim the men have been denied access to family and legal counsel.
The Eswatini Litigation Centre, supported by the Southern Africa Litigation Centre, has taken the matter to the High Court. Their case argues that the government’s deal with the U.S. is unconstitutional because it was never presented to parliament or made public. Critics say it violates both human rights and the country’s own constitutional requirements for international agreements.
The case was due to be heard on August 22 but has been postponed to September 25 after the government failed to file a defense. Attorney General Sifiso Khumalo has dismissed the lawsuit as frivolous, insisting the agreement poses no threat to national security and claiming it was made to strengthen diplomatic relations with the U.S.
The controversy has put Eswatini’s governance under the spotlight and raised concerns that African nations could be used as dumping grounds for foreign immigration policies. For many, the case is now a test of whether constitutional rights and accountability will be respected in the kingdom.