Key Takeaways
• El Salvador denies legal authority over 250+ migrants held in CECOT megaprison since March 2025.
• U.S. deported migrants using Alien Enemies Act, paying $6 million to El Salvador for prison custody.
• UN and human rights groups report harsh conditions and raise concerns about detainees’ legal limbo.
El Salvador Denies Legal Authority Over Migrants Held in CECOT Megaprison, Contradicting Trump Administration
Who, What, When, Where, Why, and How
On July 7, 2025, El Salvador 🇸🇻 officially told the United Nations that it does not have legal authority over hundreds of migrants, mostly Venezuelan men, held in the CECOT megaprison. This statement directly contradicts claims made by President Trump and his administration, who have argued in U.S. courts that these detainees are under Salvadoran control and cannot be returned to the United States 🇺🇸. The men were deported from the United States in March 2025 under a $6 million deal between the Trump administration and Salvadoran President Nayib Bukele. The U.S. used the Alien Enemies Act, a rarely used wartime law, to justify these removals, saying the Venezuelan gang Tren de Aragua posed a threat to U.S. security.
El Salvador’s Position: No Legal Control Over Detainees
In its report to a United Nations working group, El Salvador stated:
“The jurisdiction and legal responsibility for these persons lie exclusively with the competent foreign authorities, by virtue of international agreements signed and in accordance with the principles of sovereignty and international cooperation in criminal matters.”
This means El Salvador claims it is only providing prison space at CECOT for the U.S. government and has not arrested, detained, or transferred these individuals itself. The Salvadoran government emphasized its role is limited to “facilitating the use of Salvadoran prison infrastructure for the custody of persons detained within the scope of the justice system and law enforcement of that other State [the U.S.],” as outlined in the bilateral agreement.
Background: How the Migrants Ended Up in CECOT
In March 2025, the United States deported over 200 men—mostly Venezuelans, with some Salvadorans—to El Salvador. These deportations bypassed normal immigration and asylum procedures. Many of the men were accused of gang ties but did not get a chance to defend themselves in court or have their cases reviewed by an independent judge.
- Number of detainees: Over 200 men deported in March 2025; UN experts say the total is over 250 Venezuelan and Salvadoran men.
- Financial arrangement: The U.S. paid El Salvador $6 million to house these men for one year, with the option to renew the agreement.
- Legal basis: The U.S. used the Alien Enemies Act of 1798, a law created during wartime, to justify the removals. This law is almost never used today.
The Trump administration has argued in court that it cannot bring the men back to the United States because they are now under Salvadoran authority. However, El Salvador’s new statement to the United Nations directly challenges this claim.
Conditions Inside CECOT Megaprison
The CECOT megaprison, where the men are being held, has drawn international attention for its harsh conditions. United Nations experts and human rights groups have reported:
- Overcrowding: Too many people in small spaces.
- Lack of basic needs: Not enough food, water, or medical care.
- Reports of abuse: Some detainees have allegedly faced torture, and there have been reports of deaths.
- No contact: Families often do not know where their relatives are or how they are doing.
These conditions have led to serious concerns about the safety and well-being of the detainees.
Legal Limbo: Who Is Responsible?
The men in CECOT are in a state of legal limbo. They are not officially under Salvadoran criminal law, but they also do not have the legal protections they would get in the United States. This means:
- No due process: Many did not get a fair hearing or a chance to challenge their deportation.
- No clear legal status: It is unclear which country is responsible for their rights and safety.
- Risk of indefinite detention: Without clear rules, these men could be held for a long time without knowing when or if they will be released.
Key Stakeholders and Their Positions
Let’s look at what the main groups involved are saying:
- El Salvador 🇸🇻: President Nayib Bukele and the Ministry of Foreign Affairs say the U.S. is responsible for the detainees. El Salvador is only providing the prison space, not legal control.
- United States 🇺🇸 (Trump Administration): President Trump and his team claim the men are now under Salvadoran authority and cannot be returned to the U.S.
- United Nations: The UN Office of the High Commissioner for Human Rights (OHCHR) says the deportations may break international law. They are worried about the risk of torture, disappearance, and other abuses.
- Legal Advocates: Groups like the ACLU and Democracy Forward argue the U.S. government is hiding information and not following court orders. They say the removals violate due process and democratic norms.
- Human Rights Organizations: These groups are alarmed by the prison conditions, the lack of legal status for the detainees, and the risk of indefinite detention.
Why This Matters: Policy and Human Rights Implications
This situation has big consequences for immigration policy, international law, and the lives of the people involved.
- Legal uncertainty: The detainees are stuck between two countries, with neither taking full responsibility.
- Human rights risks: The men face possible torture, disappearance, or being sent back to Venezuela 🇻🇪, where they could face more danger.
- Lack of transparency: The U.S. has not shared the names or legal status of the detainees. Families are left in the dark.
- Barriers to legal help: It is very hard for detainees to get lawyers, see their families, or contact their embassies.
- International scrutiny: The United Nations and human rights groups are demanding independent monitoring and clear answers about the detainees’ status.
Ongoing Court Cases and Investigations
The removals are being challenged in U.S. courts. The Supreme Court has ordered the government to “facilitate” the return of at least one detainee, Kilmar Abrego Garcia. The Trump administration argued it could not comply because El Salvador had legal control. Now, El Salvador’s statement to the United Nations weakens that argument.
A 2022 U.S. law requires the government to share international agreements with Congress and the public. Legal advocates are pushing for the full U.S.-El Salvador agreement to be released, which could clarify who is responsible for the detainees.
The United Nations Working Group on Enforced or Involuntary Disappearances is also investigating. They have asked to visit Salvadoran prisons and learn more about the fate of the deported men.
Multiple Perspectives: A Closer Look
Here’s a summary of where each group stands:
- El Salvador 🇸🇻: Says it has no legal authority over the detainees; the U.S. is responsible.
- Trump Administration: Claims the detainees are under Salvadoran authority and cannot be returned to the U.S.
- United Nations/OHCHR: Says the deportations break international law and put detainees at risk.
- Legal Advocates: Argue the U.S. is responsible and that the removals lacked due process.
- Human Rights Groups: Warn about inhumane conditions and the risk of indefinite detention.
What Happens Next?
Several important developments could shape what happens to the detainees:
- Possible release of the U.S.-El Salvador agreement: If the full text is made public, it could clarify the legal responsibilities of both countries.
- Ongoing court cases: U.S. courts may order the government to return some detainees or provide them with legal protections.
- International pressure: The United Nations and human rights groups are likely to keep pushing for independent monitoring and legal remedies.
- Renewal or end of the agreement: The one-year deal could be renewed or ended, depending on decisions by the U.S. and El Salvador.
Practical Guidance for Families and Advocates
For families seeking information about detained relatives, or for advocates working on these cases, here are some steps to consider:
- Contact official agencies: Reach out to the El Salvador Ministry of Foreign Affairs, the U.S. Department of State, or the United Nations Working Group on Enforced or Involuntary Disappearances.
- Seek legal help: Organizations like the ACLU and Democracy Forward are actively working on these cases and may be able to provide assistance.
- Monitor official updates: Watch for news about the possible release of the U.S.-El Salvador agreement, as this could provide important information about detainees’ rights and status.
For more information on international human rights standards and the role of the United Nations in protecting detainees, visit the UN Office of the High Commissioner for Human Rights.
Expert Analysis: What Legal and Human Rights Experts Are Saying
Legal scholars and human rights experts have strongly criticized the use of the Alien Enemies Act for these mass deportations. They warn that:
- Due process is being ignored: People are being deported without a fair hearing or a chance to challenge the accusations against them.
- International legal norms are at risk: The arrangement could set a dangerous example for other countries to follow, allowing governments to send people to third countries without legal protections.
- Transparency is needed: The 2022 law requiring disclosure of international agreements is important for holding governments accountable.
Human rights organizations stress the urgent need for:
- Independent monitoring: Outside groups should be allowed to visit the prisons and check on detainees’ well-being.
- Legal access: Detainees must be able to contact lawyers and their families.
- Humane treatment: All detainees should be treated with dignity and respect, with access to basic needs and medical care.
Summary of the Current Situation (as of July 8, 2025)
- El Salvador says it does not have legal authority over the migrants held in CECOT; the United States retains responsibility under the bilateral agreement.
- President Trump’s administration’s claims are now directly contradicted by El Salvador’s official position.
- Detainees remain in legal limbo, facing serious human rights risks, with ongoing court cases and international scrutiny likely to influence what happens next.
Implications for Immigration Policy and Global Human Rights
This case highlights the complex and sometimes dangerous results of international agreements on immigration detention. When countries make deals to hold migrants in third countries, it can lead to confusion about who is responsible for their rights and safety. The use of old laws like the Alien Enemies Act, without proper legal checks, raises serious questions about fairness and respect for human rights.
As reported by VisaVerge.com, the situation at the CECOT megaprison is a warning sign for future immigration policies. Without clear rules, transparency, and respect for due process, vulnerable people can end up trapped in legal limbo, facing indefinite detention and abuse.
Actionable Takeaways
- For families: Contact official agencies and legal organizations for help and information.
- For advocates: Push for transparency, legal access, and independent monitoring of detention centers.
- For policymakers: Ensure all international agreements are made public and respect human rights standards.
- For the public: Stay informed about the human rights impacts of immigration policies and support efforts to protect due process.
The fate of the men held in El Salvador’s CECOT megaprison remains uncertain. Their situation will likely depend on the outcome of ongoing court cases, international pressure, and whether the U.S. and El Salvador choose to renew or end their agreement. What is clear is that the world is watching, and the decisions made now will have lasting effects on immigration policy and human rights protections for years to come.
Learn Today
Alien Enemies Act → A rarely used 1798 U.S. law permitting detention or deportation of foreign nationals during wartime.
CECOT → A Salvadoran megaprison housing over 250 deported migrants under a bilateral agreement with the U.S.
Bilateral agreement → A formal pact between two countries outlining terms like migrant custody and legal responsibilities.
Due process → Legal requirement that ensures fair treatment through judicial system before deprivation of rights.
UN Office of the High Commissioner for Human Rights → United Nations agency promoting and protecting human rights internationally, including detainees’ rights.
This Article in a Nutshell
El Salvador formally rejected U.S. claims, asserting no legal control over migrants held in CECOT. Over 250 men face harsh prison conditions and legal uncertainty. This challenges the Trump administration’s deportation strategy, raising urgent human rights and international law questions amid ongoing court and UN investigations.
— By VisaVerge.com
