Key Takeaways
• At least 238 migrants, mainly Venezuelans, deported to El Salvador and imprisoned at CECOT since March 2025.
• Immigration judges dismissed at least 14 cases recently, blocking returns even with pending asylum claims.
• Trump administration uses 1798 Alien Enemies Act and US-El Salvador deal for expedited deportations.
Immigration Judges Dismiss Cases of Men Deported to El Salvador’s CECOT Prison
Immigration judges across the United States 🇺🇸 have started dismissing the asylum and immigration cases of men deported to El Salvador 🇸🇻 and held in the country’s CECOT mega-prison. This wave of dismissals has grown in the past week, with at least 14 Venezuelan migrants’ cases thrown out, according to legal filings and advocates. The dismissals are part of a larger policy shift under the Trump administration, which is using rarely-invoked laws and international agreements to speed up deportations and block any chance for return—even in cases where courts have ordered individuals brought back.
This article explains what is happening, why it matters, and how it affects migrants, their families, and the broader immigration system. It also looks at the legal and political battles underway, the conditions inside CECOT, and what might happen next.
What’s Happening: The New Wave of Case Dismissals
In recent weeks, immigration judges have dismissed the cases of at least 14 men who were deported to El Salvador 🇸🇻 and are now locked up at CECOT, a massive prison known for its harsh conditions. These men, mostly Venezuelan migrants, were removed from the United States 🇺🇸 under a policy that claims they pose national security threats, often without clear evidence.
Once deported, these individuals lose their legal standing in the U.S. immigration system. Their cases are closed, making it almost impossible for them to challenge their removal or seek a return—even if they were deported by mistake or had ongoing asylum claims.
Key facts:
– At least 238 migrants, mostly Venezuelans, have been deported to El Salvador and imprisoned at CECOT since March 2025.
– Of these, at least 14 have had their U.S. immigration cases dismissed in the past several weeks.
– Many had entered the U.S. legally, through parole, ports of entry, refugee resettlement, or valid visas.
The Case of Kilmar Abrego Garcia
One of the most high-profile cases is that of Kilmar Abrego Garcia, a Venezuelan man who remains imprisoned at CECOT despite a U.S. court order for his return. His case has become a symbol of the current policy’s harshness and the legal confusion surrounding these deportations.
A U.S. District Judge, Paula Xinis, ordered that Abrego Garcia be brought back to the United States 🇺🇸, calling the administration’s actions “shocking the conscience” and “without any lawful authority.” However, the Trump administration has refused to comply, arguing that once someone is in Salvadoran custody, U.S. courts have no power to order their return.
President Trump has publicly stated that he could secure Abrego Garcia’s return but refuses to do so, claiming—without providing evidence—that Abrego Garcia is a gang member.
How the Deportation and Dismissal Process Works
The current process for these deportations and case dismissals follows several steps:
- Identification and Detention: Migrants, including those with pending asylum claims or legal status, are detained by U.S. Immigration and Customs Enforcement (ICE) or Border Patrol.
- Expedited Removal: Under the Alien Enemies Act of 1798, individuals are quickly deported, often with little or no chance to contest the removal.
- Transfer to El Salvador: Deported individuals are flown to El Salvador 🇸🇻 under a formal agreement between the two countries.
- Imprisonment at CECOT: Upon arrival, deportees are taken straight to the CECOT mega-prison, where they are held indefinitely without trial or sentencing.
- Case Dismissal in U.S. Courts: Immigration judges dismiss any pending cases, usually citing lack of jurisdiction or the person’s absence from the United States 🇺🇸.
- Legal Appeals and Advocacy: Lawyers and advocacy groups try to appeal the dismissals and challenge the legality of the deportations, but with little success so far.
The Legal Basis: Alien Enemies Act and U.S.-El Salvador Agreement
The Trump administration has used the Alien Enemies Act of 1798 to justify these fast-track deportations. This law, which dates back to the 18th century, allows the president to detain or deport nationals of enemy states during times of war. Its use in 2025 is the first since World War II. The administration claims that Venezuela is sponsoring criminal groups, such as Tren de Aragua, that threaten U.S. national security.
In addition, a formal agreement between the United States 🇺🇸 and El Salvador 🇸🇻 allows for the indefinite imprisonment of deportees at CECOT. The U.S. government reportedly pays El Salvador $6 million to house these individuals. This agreement covers not only those accused of crimes, but also people with no criminal records or charges in either country.
Conditions at CECOT: Indefinite Detention and Abuse
CECOT, built by Salvadoran President Nayib Bukele, is one of the largest prisons in the world. It currently holds about 14,000 inmates, with room for up to 40,000. Reports from human rights groups and lawyers describe the conditions as extremely harsh:
- Deportees are held incommunicado—they have no contact with family or legal counsel.
- There are reports of psychological and physical abuse.
- Many have no criminal records or charges, despite claims by U.S. officials that they are gang members.
- Families and lawyers often do not know the fate or whereabouts of their loved ones.
- No access to legal process or trial—deportees are held indefinitely, with no clear path to release.
According to analysis by VisaVerge.com, these conditions may amount to enforced disappearances under international law, raising serious human rights concerns.
Stakeholders Respond: Government, Courts, and Advocates
Trump Administration
President Trump and Homeland Security Secretary Kristi Noem defend the deportations as necessary for national security. They claim, often without evidence, that those sent to CECOT are gang members or pose threats to the United States 🇺🇸. Secretary Noem has said that migrants sent to CECOT should remain there “for the rest of their lives” and has praised U.S.-El Salvador cooperation to expand prison capacity.
U.S. Courts
Some U.S. judges have pushed back. Judge Paula Xinis, for example, ordered the return of Kilmar Abrego Garcia and sharply criticized the administration’s actions. However, the administration argues that once someone is out of the country and in Salvadoran custody, U.S. courts have no power to intervene.
Advocacy Groups
Organizations like the Immigrant Defenders Law Center and Together and Free have condemned the dismissals. They argue that the government is trying to erase deportees from the legal system and block any chance for return. Lindsay Toczylowski of the Immigrant Defenders Law Center says that dozens of such cases have been tracked, and that the dismissals are designed to make these individuals “disappear” from the U.S. legal process.
U.S. Senators
A group of 25 senators, including Chris Van Hollen, Jack Reed, and Sheldon Whitehouse, have demanded that the administration comply with court orders and return wrongfully deported individuals. So far, the administration has resisted these calls.
Policy Implications: What Dismissals Mean for Migrants
The dismissal of immigration cases by immigration judges has serious consequences:
- Deportees lose any legal standing to challenge their removal or seek return to the United States 🇺🇸, even if their deportation was a mistake or their asylum claim was still pending.
- They are held incommunicado at CECOT, with no access to family or legal help.
- Many have no criminal records, contradicting claims of gang affiliation.
- The U.S. government has not published full lists of deportees, leaving families and lawyers in the dark.
For migrants and their families, this means a sudden and total loss of rights, with no clear way to challenge their detention or seek help.
Legal and Human Rights Concerns
Legal experts say that using the Alien Enemies Act in this way is unprecedented and raises serious constitutional and human rights questions. The law was designed for times of declared war, not for general immigration enforcement. Human rights organizations warn that the indefinite, incommunicado detention of deportees at CECOT may violate international law and could be seen as enforced disappearances.
Advocates and attorneys describe the dismissals as a deliberate strategy to erase deportees from the U.S. legal system and prevent any possibility of return or redress.
Background: How Did We Get Here?
The current situation is the result of several policy changes and agreements:
- The Alien Enemies Act of 1798: Rarely used in modern times, it allows the president to detain or deport nationals of enemy states during war. Its use in 2025 is based on claims that Venezuela is sponsoring criminal activity against the United States 🇺🇸.
- CECOT Mega-Prison: Built by El Salvador 🇸🇻 to house tens of thousands of inmates, CECOT has drawn international criticism for its harsh conditions and mass incarceration.
- U.S.-El Salvador Agreement: The United States 🇺🇸 pays El Salvador 🇸🇻 to house deportees, including those with no criminal convictions, as part of a broader crackdown on migration and alleged gang activity.
The Numbers: Who Is Affected?
Here’s a summary of the key facts:
- At least 238 migrants, mostly Venezuelans, have been deported to El Salvador 🇸🇻 and imprisoned at CECOT since March 2025.
- At least 14 have had their U.S. immigration cases dismissed in recent weeks.
- Of 90 cases with clear entry documentation, 50 individuals entered the United States 🇺🇸 through legal channels.
- CECOT currently houses about 14,000 inmates, with a capacity for 40,000.
- The U.S. pays El Salvador $6 million to house these deportees.
What Happens Next? Appeals, Oversight, and International Scrutiny
Legal Appeals
Advocacy groups are preparing appeals to challenge the dismissals and the legality of the deportations. However, the chances of success are uncertain, given the administration’s position that U.S. courts have no power once someone is in Salvadoran custody.
Congressional Oversight
U.S. senators are demanding accountability and compliance with court orders, but the administration continues to resist efforts to return deportees.
International Scrutiny
Human rights organizations are calling for investigations into the treatment of deportees and the legality of their detention in El Salvador 🇸🇻. The situation is drawing increasing attention from international bodies concerned with human rights and due process.
More Dismissals Likely
Immigration courts may continue to dismiss cases, making it even harder for deportees to seek any form of relief or return.
What Can Affected Families and Advocates Do?
If you or someone you know is affected by these policies, here are some steps to consider:
- Contact advocacy organizations like the Immigrant Defenders Law Center (www.immdef.org) or Together and Free (www.togetherandfree.org) for legal support and information.
- Reach out to your elected representatives to demand oversight and action.
- Monitor official government resources for updates, such as the U.S. Department of Homeland Security.
- Document all communications and legal filings related to the case.
- Seek help from human rights organizations like Cristosal (www.cristosal.org) for support and advocacy in El Salvador 🇸🇻.
Practical Takeaways
- If a loved one is detained or deported, act quickly to contact legal help and advocacy groups.
- Keep records of all documents, communications, and court orders.
- Be aware that once someone is deported to El Salvador 🇸🇻 and held at CECOT, it may be very difficult to communicate or secure their return.
- Stay informed about policy changes and legal developments through trusted sources.
Conclusion
The mass dismissal of immigration cases for men deported to El Salvador 🇸🇻 and imprisoned at CECOT marks a major shift in U.S. immigration enforcement. The policy has deep legal, humanitarian, and political consequences. While the Trump administration defends its actions as necessary for national security, legal experts, human rights groups, and members of Congress warn that these dismissals strip migrants of their rights and may violate both U.S. and international law.
The fate of those deported remains uncertain. Legal battles continue, and international attention is growing. For now, the dismissals by immigration judges mean that hundreds of men—many with no criminal records—are trapped in a foreign prison, cut off from their families and any hope of return.
For more information on immigration court procedures and your rights, visit the official U.S. Department of Justice immigration court page.
Learn Today
Immigration Judges → Officials who hear and decide cases involving immigration status and asylum claims in US courts.
Alien Enemies Act → 1798 US law allowing deportation of nationals from enemy states during wartime, rarely used today.
CECOT → A massive prison in El Salvador where deported migrants are held indefinitely without trial or sentencing.
Expedited Removal → Fast-track deportation process that limits migrants’ ability to appeal or challenge their removal.
Asylum Claim → A request by a migrant seeking protection from persecution or danger in their home country.
This Article in a Nutshell
Immigration judges dismiss cases of deported men held in El Salvador’s harsh CECOT prison. The Trump administration’s use of an 18th-century law fast-tracks removals, denying legal recourse. Hundreds face indefinite detention without trial, separated from families, amid growing legal, human rights, and political concerns in the US immigration system.
— By VisaVerge.com
