The exterior of the Terrorist Confinement Center as Homeland Security Secretary Kristi Noem arrives, in Tecoluca, El Salvador, March 26, 2025. Alex Brandon/AP hide caption
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Alex Brandon/AP
WASHINGTON — The government of El Salvador has acknowledged to United Nations investigators that the Trump administration maintains control of the Venezuelan men who were deported from the U.S. to a notorious Salvadoran prison, contradicting public statements by officials in both countries.
Politics
U.S. deports hundreds of Venezuelans to El Salvador, despite court order
The revelation was contained in court filings Monday by lawyers for more than 100 migrants who are seeking to challenge their deportations to El Salvador’s mega-prison known as the Terrorism Confinement Center, or CECOT.
The case is among several challenging President Donald Trump’s immigration crackdown.
“In this context, the jurisdiction and legal responsibility for these persons lie exclusively with the competent foreign authorities,” Salvadoran officials wrote in response to queries from the unit of the U.N. Office of the High Commissioner for Human Rights. The U.N. group has been looking into the fate of the men who were sent to El Salvador from the United States in mid-March, even after a U.S. judge had ordered the planes that were carrying them to be turned around.
The Trump administration has argued that it is powerless to return the men, noting that they are beyond the reach of U.S. courts and no longer have access to due process rights or other U.S. constitutional guarantees.
But lawyers for the migrants said the U.N. report shows otherwise.
“El Salvador has confirmed what we and everyone else understood: it is the United States that controls what happens to the Venezuelans languishing at CECOT. Remarkably the U.S. government didn’t provide this information to us or the court,” American Civil Liberties Union lawyer Lee Gelernt said in an email.
Code Switch
Why Trump is sending Venezuelans to El Salvador
Skye Perryman, CEO and president of Democracy Forward, said the documents show “that the administration has not been honest with the court or the American people.” The ACLU and Democracy Forward are both representing the migrants.
A Justice Department spokesperson declined to comment. White House and Homeland Security Department officials did not immediately respond to requests for comment.
The administration in March agreed to pay $6 million for El Salvador to house 300 migrants. The deal sparked immediate controversy when Trump invoked an 18th century wartime law, the Alien Enemies Act, to quickly remove men it has accused of being members of the Venezuelan gang Tren de Aragua.
In a related case, the administration mistakenly sent Kilmar Abrego Garcia to the same prison, despite a judge’s order prohibiting the Maryland man from being sent to El Salvador.
Immigration
Kilmar Abrego Garcia, wrongly deported to El Salvador, is back in the U.S. to face smuggling charges
The administration initially resisted court orders to bring him back to the U.S., saying he was no longer in American custody. Eventually, Abrego Garcia was returned to the U.S., where he now faces criminal charges of human smuggling while legal battles continue.
Last month, a coalition of immigrant rights groups sued to invalidate the prison deal with El Salvador, arguing that the arrangement to move migrant detainees outside the reach of U.S. courts violates the Constitution.
