Relatives of Venezuelan migrants deported from the U.S. to a maximum security prison in El Salvador attend a vigil in front of El Salvador embassy in Caracas, Venezuela on April 2, 2025. (Photo: Juan Barreto / AFP via Getty Images)
“The cruelty of the U.S. and Salvadoran governments has put these people outside the protection of the law and caused immense pain to their families,” said one human rights advocate.
Human Rights Watch on Friday accused the governments of the United States and El Salvador of “a grave violation of international human rights law” over the deportation more than 230 Venezuelan nationals by the Trump administration to a megaprison in El Salvador last month.
The actions taken against the deportees constitute both enforced disappearances and arbitrary detention, according to a statement from the group released Friday.
The governments of the United States and El Salvador have subjected more than 200 Venezuelan nationals to enforced disappearances and arbitrary detention.
“The cruelty of the U.S. and Salvadoran governments has put these people outside the protection of the law and caused immense pain to their families,” said Juanita Goebertus, Americas director at Human Rights Watch.
The group said that since their removal, the Venezuelans “have been held incommunicado” and that the United States and Salvadoran officials have not released a list of the people who were removed, though CBS News last month published a list of names the outlet obtained.
The administration invoked the Alien Enemies Act, a rarely used law that gives the president broad authority to detain or deport non-citizens during times of war, to justify dozens of the deportations—triggering a fierce legal battle.
The Trump administration invoked the Alien Enemies Act in response to an alleged “invasion” by “Tren de Aragua,” a Venezuelan gang, but the government has produced scant evidence that the people removed had ties to Tren de Aragua. One hundred and one of the deportees were removed under regular immigration procedures.
According to Human Rights Watch, the Salvadoran government has failed to offer a legal basis for detaining the Venezuelan deportees and has not indicated when or whether they will be released.
“It appears that their detention is wholly arbitrary and potentially indefinite; a grave violation of El Salvador’s human rights obligations,” the group said.
Enforced disappearance, according to Human Rights Watch, is when officials deprive someone of their liberty and then conceal the fate or whereabouts of the disappeared person. The violation is “especially serious” because it means they are outside the protection of the law.
The group is calling on U.S. authorities to publicly identify the Venezuelans who were removed to El Salvador and is urging the Salvadoran government to “confirm their current whereabouts, disclose whether there is any legal basis for their detention, and allow them contact with the outside world.”
The statement from Human Rights Watch also detailed the struggle that family members of the deported individuals have faced getting information about them.
The group has interviewed 40 relatives of people “apparently” removed to El Salvador, and all of them told Human Rights Watch that U.S. immigration authorities initially informed their relatives, who were in U.S. immigration detention, that they would be sent to Venezuela. They were not told they would be sent to El Salvador.
“Nobody should be forced to piece together bits of information from the media or to read into the authorities’ silence to find out where their relatives are being held,” Goebertus said. “Salvadoran authorities should urgently disclose the names and locations of all detainees transferred from the US, and allow them to contact their families.”
In addition to the Venezuelans who were deported in March, the Trump administration also deported a smaller number of Salvadoran nationals. U.S. Immigration and Customs Enforcement has admitted that one of the men sent to El Salvador was deported in “error.” On Thursday, the Supreme Court instructed the Trump administration to take steps to retrieve the man it had wrongly deported.
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More than 250 people arrive in San Salvador, El Salvador by plane after being detained and deported by the Trump administration, without officials verifying that they were members of violent gangs as they claimed, on March 16, 2025. (Photo: El Salvador Presidency/Handout/Anadolu via Getty Images)
“If Trump can disappear Abrego Garcia, he can disappear you,” warned one advocate. “This is why due process matters. Without it, America slides into dictatorship.”
“This is the precedent Trump needs to send you to a concentration camp,” said one advocate for due process rights as President Donald Trump’s administration claimed it had made an “administrative error” in sending a Maryland father to a prison in his home country of El Salvador—leaving the federal government with no way of bringing him back to his children and wife, a U.S. citizen.
In a court filing in the U.S. District Court for the District of Maryland, an acting field office director of Immigration and Customs Enforcement (ICE), Robert L. Cerna, told Judge Paula Xinis that the removal of Kilmar Abrego Garcia on March 15 “was in error.” Abrego Garcia was one of hundreds of people rounded up by the Trump administration and sent to a “Terrorism Confinement Center” in El Salvador, with the White House invoking the Alien Enemies Act for the first time since World War II and claiming many were members of gangs including MS-13 and Tren de Aragua.
Cerna’s filing reveals the result of a mass expulsion operation in which hundreds of people were afforded no due process rights in violation of the U.S. Constitution: At least one person with legal protected status in the United States who was not convicted of a crime is now imprisoned in a country where a U.S. federal court had previously found he could face persecution and torture.
As Joshua Eakle of Project Liberal warned, Abrego Garcia’s detention and the administration’s claim that it can do nothing to help him also creates precedent for Trump to do the same to anyone else it sees fit to target.
“This is how it starts. You must pay attention,” said Eakle. “If Trump can disappear Abrego Garcia, he can disappear you. If Trump can strip his rights with no accountability, he can do it to anyone. This is why due process matters. Without it, America slides into dictatorship.”
As the news spread of Abrego Garcia’s mistaken expulsion, Vice President JD Vance “smeared him as a ‘convicted gang member,’” claiming to cite the court filing from Monday, and accused podcast host Jon Favreau of having sympathy for “gang members getting deported while ignoring citizens they victimize.”
Cerna’s filing states that Abrego Garcia was denied bond in 2019 because “the evidence show[ed] that he is a verified member of [Mara Salvatrucha] (‘MS-13’)]” and therefore posed a danger to the community.” As Kyle Cheney wrote at Politico, the accusation was “sharply contested” by Abrego Garcia and “credited to information gleaned from a confidential informant.”
The 2019 court filing regarding the bond denial notes that Abrego Garcia “has no criminal conviction” and that the government erroneously stated at the time that Abrego Garcia was “detained in connection to a murder investigation.”
Further, noted Cheney, the court at the time found that Abrego Garcia was likely a member of MS-13, but that he had a credible fear of persecution in his home country of El Salvador and should not be deported there—or expelled via an operation like Trump’s mass expulsion campaign, in which those sent overseas have not been afforded due process.
Vance’s claim that Abrego Garcia is a “convicted gang member” was “a lie,” said Krystal Ball of the online news show “Breaking Points.”
“But JD’s comment reveals his deportation was not really a ‘mistake,’” she said. “They put whoever they could round up on those planes without regard for guilt, innocence, immigration status, or court orders. If this man can be permanently disappeared into a foreign dungeon, anyone can.”
Aaron Reichlin-Melnick of the American Immigration Council said it was “shocking that the vice president of the United States would so callously, and so falsely, accuse someone of being a convicted gang member. It’s especially bad when his own administration just admitted to illegally deporting that person due to ‘administrative error.’”
Trump’s Justice Department is now urging Xinis to reject a petition filed by Abrego Garcia’s attorneys to secure his return to the U.S., saying that since the Maryland resident is now in custody in his home country, the administration and the court system can’t force El Salvador to return him.
Trump's lawyers are arguing that because they've dumped this guy in a Salvadoran prison, he can't file a habeas corpus petition, because he's no longer in American custody. They're arguing that once you get to sent to El Salvador, no court can order the govt to bring you back. pic.twitter.com/HswVa2Sr47
“People should go to prison over this,” said Paul Blest, a reporter for More Perfect Union.
Antonio De Loera-Brust, communications director for United Farm Workers, suggested the Trump administration is now refusing to push for Abrego Garcia or other potentially innocent people who have been expelled from the U.S. “because then they will be able to speak for themselves and the full extent of this atrocity will become clear.”
This is a scandal. The admin is hoping it’ll go away once the media moves on. But what happens if an innocent Venezuelans gets out, finds a camera, and starts telling us exactly what goes on in Bukele’s prison? Trump and Bukele will do whatever they can to not let that happen.
— Antonio De Loera 🇺🇸🇲🇽 (@AntonioDeLoeraB) April 1, 2025
Shannon Watts, founder of the gun violence prevention group Moms Demand Action, called on the Democratic Party to ensure the administration can’t ignore the demand for Abrego Garcia’s release.
“I don’t care what the polls say about immigration, this is a legal assault on the Constitution and humanity,” said Watts. “Democratic leaders must publicly pressure the Trump administration to rescue Kilmar Abrego Garcia.”
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On X, the US Embassy in El Salvador explained that during her visit, “Secretary Noem will address cooperation between the two countries in the fight against illegal migration, reinforcing joint efforts to strengthen border security and ensure a safer region.”
Noem strengthens US-El Salvador alliance on mass deportations
In a clear gesture of support for the Bukele administration, Noem met with the Salvadoran President to strengthen the crackdown on immigration that the Trump administration has initiated since he took office on January 20, 2025. According to the US Embassy in El Salvador, the meeting formalized “bilateral cooperation on security and migration. During the meeting, Secretary Noem thanked the President for El Salvador’s commitment to the fight against illegal migration.”
For his part, El Salvador’s Secretary of Security, Gustavo Villatoro explained that during Noem’s visit, “We toured CECOT, the largest maximum-security prison in the Americas. In addition, we signed a Memorandum of Cooperation to update the Security Alliance for Fugitive Enforcement (SAFE) between our countries. With this agreement, we will have a more streamlined exchange of information and criminal records on fugitives, so that these criminals are not inadvertently released or remain unnoticed in the communities. This will undoubtedly be an enriching experience to share our security achievements and strengthen our strategies to combat transnational organized crime and terrorism.”
Noem’s prison video sparks controversy over US policy and human rights
One of the most controversial moments of the visit was disseminated by Secretary Noem herself, who recorded a video inside the CECOT mega-prison, in front of a cell holding dozens of shirtless inmates posing in silence.
“I want to thank El Salvador and their President for the partnership with the US to bring the terrorists here, and to incarcerate them and to have consequences for the violence they have perpetuated in our communities.” But most seriously, she warned in a threatening tone, that if anyone dared to enter the United States illegally, “this is one of the consequences you can face… [CECOT] is one of the facilities that we will use if you commit crimes against the American people”.
Despite Noem repeating that the detained men are “terrorists” and “criminals”, none of the 238 migrants who were irregularly deported from the US to El Salvador were granted a trial – a constitutional right – meaning they have not been proven guilty of anything. In fact, family members of many of those deported have shared that their relatives’ only crime was being a poor migrant with tattoos.
The agreement to receive deported migrants and lock them up was signed between the President of El Salvador, Nayib Bukele, and the Secretary of State, Marco Rubio.
Venezuela continues to demand the immediate and safe return of its citizens from El Salvador, and has received several deportation flights this past week.
Trump doubles down on deportations and detainment
For now, Trump shows no signs of abandoning his immigration policy, including the deportation of migrants to El Salvador. Despite the objections of several human rights organizations and the Venezuelan government, Trump has ordered a blackout on information regarding deportation operations to the Central American country. Everything related to the flights of Venezuelans to El Salvador has been declared a “State Secret” by the US president.
Meanwhile, hundreds of Venezuelan families, along with the Maduro government, continue to demand the release and repatriation of their compatriots to Venezuela.
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Venezuelans rally against deportations. Photo: Francisco Trias
The Venezuelan government has promised that it will “fight until it frees all its compatriots” who have been imprisoned and deported without evidence thanks to an 18th-century US law.
Thousands of Venezuelans rallied in Caracas on Tuesday, March 18, to protest the deportation of Venezuelan migrants from the United States to a high security prison in El Salvador. Family members of the deported migrants addressed Venezuelan officials and fellow citizens to demand the immediate return of their loved ones, with many insisting that their relatives are not criminals or members of the infamous Tren de Aragua as Donald Trump claims.
The mobilization occurred days after the deportation of over 200 migrants to El Salvador in one of the most controversial acts by the administration of Donald Trump during his two months in office. In January, shortly after Trump’s swearing in, Salvadoran President Nayib Bukele had offered up his country’s prisons to take in deported migrants or even the US’ national incarcerated population. It appears that this discussion advanced, and El Salvador, like several other countries in the region, will now provide detention centers for deported migrants, with no clarity of the criteria for who gets sent, how long they stay there, and under what jurisdiction they are. According to the US government, the Venezuelan migrants deported on Saturday all belong to the criminal group called Tren de Aragua (Aragua Train).
The Trump administration has yet to show evidence to back up its accusation.
“It is a massive violation of human rights,” says the Venezuelan government.
For its part, the Venezuelan government has condemned the US-Salvadoran decision as a violation of human rights. Jorge Rodríguez, president of Venezuela’s National Assembly, said in a press conference, “How do the Dantesque images we saw [of the deported Venezuelan migrants] differ from those of the Warsaw ghetto? How does Mr. Bukele’s barbarity when he said that he had bought slave labor differ from the memory of forced labor in the concentration camps of Auschwitz?”
In this sense, the Venezuelan government informed the families of the detainees that it would do everything possible to repatriate the migrants that were deported and now are being indefinitely held in a high security prison in El Salvador with no due process.
In addition, the Secretary of the Interior, Diosdado Cabello questioned the Trump administration’s assertion that the Venezuelans who were deported were part of the “Tren de Aragua” criminal gang. In this regard, Cabello said, “It is a lie that those [deported] to El Salvador are from the Tren de Aragua.”
Maduro accuses Bukele of exercising fascist tactics against Venezuelan migrants
For his part, Venezuelan President Nicolás Maduro publicly rebuked Bukele for the treatment Venezuelans have received in El Salvador, and accused his government of fascist practices: “Are you going to protect this cruelty, this injustice, without [the detainees having] the right to any [judicial process], of creating concentration camps and putting noble working migrants in jails without a [due] trial, without having committed crimes in El Salvador, without having any sentence issued by a court in El Salvador? Is this legal, is this fair, Nayib Bukele?”
In addition, Maduro denounced the treatment suffered by the Venezuelan deportees: “They put them in handcuffs by hands and legs without telling them where they were going, and when they arrived in El Salvador, they made them get off the plane beating them with sticks and clubs; they humiliated them, threw them on the floor, shaved their hair. Is that called justice? Is that called international law? Is that called human rights? That is called fascism, Nazism, and Venezuela is ready and willing to denounce this massive violation of human rights against the hard-working and noble migrants in the United States!”
Migration is not a crime, sanctioning a people is. Photo: Francisco Trias
An 18th-century law to imprison migrants
According to the US Executive, its decision is based on an 18th-century law (1789) called the “Alien Enemies Act,” which states that the President of the nation has the power to order the detention and expulsion of foreign citizens from countries with which the United States is at war.
The bicentennial law was passed during the administration of John Adams, during a potential war with France, to prevent espionage and sabotage by foreigners in the United States. This law was applied again in 1812 during the war between the United States and the United Kingdom, and during the two world wars, during which US authorities imprisoned tens of thousands of foreigners in concentration camps for several years.
The law permits the imprisonment and deportation of foreign nationals without proper defense or normal judicial process, expediting the process under the pretext of national security.
Trump claimed that the law could be applied today because the Tren de Aragua is “perpetrating, attempting, and threatening a predatory invasion or incursion against US territory.” However, a judge in the District of Columbia named James Boasberg stated that there was no legal justification for enforcing the law, and asked that it be stayed. However, in another unprecedented move, Trump ignored the judge and did not reverse the action, allowing for the deportation of hundreds of Venezuelans to Salvadoran territory.
ALBA Movimientos rejects the deportation and imprisonment of Venezuelan migrants
In a statement, the Social Movements of ALBA, a platform of social movements in Latin America and the Caribbean, condemned Trump and Bukele’s decision as a violation of international law and human rights, and called it a kidnapping of migrants.
“This constitutes a barbaric action, demonstrative of the fascist, racist and defiant character of the basic human rights conventions, by the government of Donald Trump, who invoking a law of 1798 (three centuries ago) attributes to himself the power to kidnap, deport and imprison people only for being Venezuelans and the presumption of belonging to the ‘Tren de Aragua’, without any evidence and the right to defense,” states the communiqué.
“One of the most serious consequences of the application of this law is the criminalization of migration and in particular of Venezuelan migration, giving rise to the possibility that any Venezuelan migrant over the age of 14 could be qualified as an ‘invader’, ‘enemy of the US’ or ‘terrorist’ member of the so-called ‘Tren de Aragua’ and immediately could be deprived of his freedom, confiscating his goods, bank accounts and any kind of belongings.”
Finally, the communiqué demands the unity of the peoples of the world to stop this type of action that could have dangerous consequences for world peace, while supporting the actions of Maduro’s government in its crusade to repatriate the detained migrants:
“These dangerous expressions of neo-fascism that the global right wing under Trump’s leadership are wanting to naturalize and intensify, besieging countries, generating migration, promoting armed groups and then using those same groups to justify policies of criminalization against migrants and to top it off there are countries that commodify this imprisonment.”
“We therefore call for an international campaign to repudiate and denounce this dangerous escalation of criminalization of migration and the Venezuelan people. We accompany and support the actions of the Venezuelan Government before international organizations to rescue the kidnapped Venezuelan citizens and to take the necessary actions within the framework of public international law to prevent this neo-Nazi policy from continuing or spreading.”
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