Eswatini Court Affirms Legal Rights for Trump Deportees

On April 10, 2026, a court in Eswatini ruled that the first five migrants deported by the Trump administration to the African nation have the right to legal representation. This decision came after the detainees were denied access to a lawyer upon their transfer from the United States to Matsapha Correctional Complex in July 2025. The court dismissed the government's argument that the detainees had not explicitly requested the human rights lawyer Sibusiso Nhlabatsi, stating, "There can be no real harm in granting the Respondent access to the detainees." This ruling could set a precedent for the other deportees, as the case was initially filed on behalf of these five individuals.

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The deportees are part of a controversial agreement between the U.S. and Eswatini, which involves the transfer of third-country migrants as part of a broader immigration crackdown. At least 19 migrants from various regions, including Africa, Asia, and the Americas, have been sent to Eswatini under this arrangement. Critics have raised concerns about the legality of the $5.1 million deal, arguing that it results in the unlawful detention of individuals who have already served their sentences in the U.S.

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Amnesty International has expressed serious concerns regarding the ongoing human rights violations associated with these deportations. Vongai Chikwanda, Deputy Regional Director for East and Southern Africa, noted that while the Supreme Court's ruling is a step towards ensuring access to legal counsel, it does not address the broader issues of arbitrary detention and the lack of legal processes for the deportees. Tigere Chagutah, Amnesty International’s Regional Director, emphasized the need for Eswatini to implement the court's order effectively and to disclose the legal basis for the continued detention of these individuals.

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Activists and legal experts have criticized the secretive nature of the agreement between the U.S. and Eswatini, arguing that it is unconstitutional and violates international law. The lack of transparency surrounding the deportations has led to protests and legal challenges within Eswatini, highlighting the growing discontent over the treatment of these migrants.

The Straits Times

While the Eswatini court ruling grants legal access to the first five deportees, it remains unclear how this will affect the status of the additional deportees who have been sent to Eswatini since July 2025. Reports indicate that more deportations are planned, raising concerns about the potential for further human rights violations.

Amnesty International

• “Tigere Chagutah, Amnesty International’s Regional Director, ESARO “Access to legal counsel is essential, but it cannot by itself redress the continuing arbitrary detention.” — Tigere Chagutah, Amnesty International’s Regional Director

Amnesty International

• “There can be no real harm in granting the Respondent access to the detainees,” — Eswatini High Court Judges

The Straits Times

This ruling marks a significant moment in the ongoing debate over the treatment of deportees and the responsibilities of nations involved in such agreements.

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