A coalition of human rights lawyers and activists has taken the Eswatini government to court, challenging what they describe as an unconstitutional secret agreement with former U.S. President Donald Trump’s administration to accept deportees from third countries.
The case, which was scheduled for a hearing at the High Court of Eswatini on Friday, August 22, 2025, was postponed to September 25 after the government failed to submit its response papers, according to the lead applicant who spoke to Reuters outside the court.
Attorney General Sifiso Khumalo dismissed the lawsuit, telling Reuters via text message, “It’s a frivolous legal application.”
In July, the United States deported five individuals — from Vietnam, Jamaica, Laos, Cuba, and Yemen — to Eswatini. All had been convicted of criminal offenses. Authorities in Eswatini confirmed that the deportees are being held in solitary confinement until arrangements are made for their repatriation.
The applicants, led by the Eswatini Litigation Centre, argue that the deal violated constitutional procedures because it was never presented to parliament for approval and its terms remain undisclosed. They further contend that the lack of transparency leaves them unable to confirm the welfare and conditions of the deportees, who remain inaccessible to independent observers.
“We want the executive to be held accountable, we want transparency dealing with matters of state importance, (and) respect for the rights of all individuals who are in Eswatini regardless of who they may be,” said lead applicant and lawyer Mzwandile Masuku.
Eswatini, an absolute monarchy under King Mswati III, has defended the arrangement, stating that the deportees pose no security threat and insisting the agreement was based solely on its diplomatic ties with Washington.
The International Organization for Migration (IOM) confirmed receiving a request from Eswatini to provide “post-arrival assistance” for the deportees but did not specify whether it would accept the request or what form the assistance might take. “We are discussing with Government of Eswatini, their request,” a U.N. agency spokesperson said on Thursday.
The controversy comes against the backdrop of Mr. Trump’s broader immigration agenda, which sought to deport millions of undocumented immigrants and expand third-country removal agreements as part of his crackdown on illegal migration.
