Eswatini Supreme Court Grants US Deportees Access to Counsel

The Supreme Court of Eswatini ruled on Thursday that migrants deported from the United States to the kingdom must be granted access to legal representation. The decision specifically allows four men from Cuba, Yemen, Laos, and Vietnam—who have been held for nine months at the Matsapha Correctional Complex maximum-security prison—to meet with local lawyer Sibusiso Magnificent Nhlabatsi. The court rejected the Eswatini government's claim that the detainees had not formally requested counsel.

These individuals were transferred under a third-country deportation program established by the Donald Trump administration, which pays receiving nations to accept migrants who cannot be returned to their home countries. The U.S. State Department reported a $5.1 million payment to Eswatini for these services. While the U.S. government describes the men as convicted of serious crimes, legal representatives argue the detentions are illegal because the men face no charges within Eswatini.

Government officials in Eswatini maintained they ensured conditions respected human dignity, while a spokesperson for the U.S. Department of Homeland Security defended the program as a lawful means to execute the largest deportation operation in history. Legal experts suggest this ruling could set a precedent for at least 19 other individuals transferred under a confidential 2025 bilateral agreement, potentially leading to further challenges regarding the legality of the secret deportation arrangement.