Eswatini: Five Detained Deportees Denied Legal Access

Earlier this year, the U.S. President advanced a mass deportation campaign targeting millions of immigrants and people seeking safety. The U.S. government is obligated under international law to ensure that its immigration policies do not commit or increase the risk of human rights violations. While the U.S. has the authority to regulate immigration, it must do so within the framework of its international human rights obligations.

Despite multiple attempts by the five men’s lawyers, the authorities have repeatedly denied them access to their clients. On 25 July, counsel was denied access and told it would only be granted after installation of communication devices and creation of a “pre-approved list” via relatives. Scheduled consultations on 5 August did not occur; on 12 August, access was again blocked, with officials claiming the men had refused to meet. Later that day, family calls confirmed the men had not been informed counsel was present. They have had no visitors, including consular representatives or attorneys, and have not been told the length of detention. Local counsel filed an urgent habeas corpus application seeking their production before the High Court and/or immediate confidential access; the matter was set to be heard  on 1 August 2025. Eswatini’s Constitution protects due process and access to counsel, including Section 21 (fair hearing and legal representation) and Section 16(6) (reasonable access and confidentiality with one’s legal representative), and places correctional administration under lawful authority (Section 190).

A parallel case in the region, in South Sudan, concerning two arbitrarily detained US deportees of Cuban and Myanmar origin (who Amnesty International is also campaigning for) documents a similar pattern of secrecy around detainee whereabouts and denial of unmonitored legal access following removals linked to the U.S. campaign.