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News

El Salvador Denies Legal Authority Over Migrants Deported Under Trump

The Trump administration deported Venezuelan men to El Salvador’s CECOT prison under a rare law. El Salvador denies jurisdiction, creating a legal vacuum. Human rights organizations highlight violations including lack of due process, enforced disappearances, and incommunicado detentions. Families remain uninformed about detainees’ status and welfare.

Last updated: July 8, 2025 9:30 am
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Key Takeaways

• Over 200 Venezuelan men deported to El Salvador’s CECOT prison under the Alien Enemies Act since March 2025.
• El Salvador denies legal authority over detainees, creating a legal limbo and dispute with the U.S. government.
• Human rights groups warn deportations violate due process and international law, citing enforced disappearances and incommunicado detention.

A major dispute has erupted between El Salvador 🇸🇻 and the Trump administration over the fate of hundreds of Venezuelan migrants deported from the United States 🇺🇸 to El Salvador’s CECOT megaprison. This conflict, which has drawn global attention since early 2025, centers on who holds legal responsibility for these migrants, the legality of their deportation, and the conditions they now face. The controversy has sparked legal battles, international criticism, and deep concern among families and human rights groups.

Who is involved? The main players are the Trump administration, the government of El Salvador 🇸🇻, the Venezuelan government, the United Nations, and several human rights organizations.
What happened? Over 200 Venezuelan men were deported from the United States 🇺🇸 and sent to CECOT, a notorious prison in El Salvador 🇸🇻, under a rarely used U.S. law.
When? The deportations began in March 2025 and have continued through July 2025.
Where? The migrants were taken from the United States 🇺🇸 and flown to El Salvador 🇸🇻, where they are now held in CECOT.
Why? The Trump administration claims these men are linked to Venezuelan gangs and pose a national security threat.
How? The administration used the Alien Enemies Act (AEA) of 1798 to justify the removals, paying El Salvador 🇸🇻 to detain the men for at least a year.

El Salvador Denies Legal Authority Over Migrants Deported Under Trump
El Salvador Denies Legal Authority Over Migrants Deported Under Trump

Let’s break down the situation, the legal and humanitarian concerns, and what this means for the people involved.


The Deportations: What Happened and Why

In March 2025, the Trump administration began deporting Venezuelan men from the United States 🇺🇸, accusing them of being part of the Tren de Aragua gang. President Trump invoked the Alien Enemies Act (AEA) of 1798, a law that allows the president to detain or deport citizens of countries considered hostile during wartime or invasion. The administration argued that the Venezuelan government was using the gang to “invade” the United States 🇺🇸.

Key facts:

  • Over 200 Venezuelan men were removed from the United States 🇺🇸 without court hearings or access to lawyers.
  • The U.S. paid El Salvador 🇸🇻 about $6 million to hold these men in CECOT for at least one year.
  • The deportations happened quickly, often with little or no notice to families or legal representatives.

The CECOT megaprison, known for its harsh conditions, was expanded with U.S. funding and can now hold up to 40,000 inmates. As of July 2025, it houses about 14,000 people, including the newly arrived Venezuelans.


Legal and Human Rights Concerns

Lack of Due Process

Most of the deported migrants did not get a chance to defend themselves in court or challenge the accusations against them. Many have no criminal records in either the United States 🇺🇸 or Venezuela 🇻🇪. Legal experts and human rights groups say this violates basic rights.

Due process means the government must follow fair procedures before taking away someone’s freedom. In these cases, that did not happen.

Legal Limbo: Who is Responsible?

A major twist came on July 7, 2025, when El Salvador 🇸🇻 told the United Nations it does not have legal authority over the Venezuelan men. The Salvadoran government said it is only holding them under a U.S.-funded agreement and does not consider them under Salvadoran law.

This statement directly contradicts the Trump administration’s claim that the migrants are under Salvadoran jurisdiction and cannot be returned to the United States 🇺🇸. As a result, the men are stuck in a “legal no man’s land,” with neither country taking full responsibility.

Human Rights Violations

International organizations, including United Nations human rights experts, warn that these deportations may break international law. The main concerns are:

  • Enforced disappearance: Many detainees are held incommunicado, meaning they cannot contact their families or lawyers.
  • Refoulement: International law forbids sending people to places where they might face torture or persecution.
  • Transparency: The U.S. government has not published the names or locations of the deported men. Families and lawyers often do not know where their loved ones are.

As reported by VisaVerge.com, these actions have raised alarms among legal scholars and human rights advocates, who warn that the situation is unprecedented and deeply troubling.


How the Deportations Happened: Step by Step

  1. Identification: U.S. immigration officials, often using tattoos or other vague evidence, accused certain Venezuelan men of gang ties.
  2. No Hearings: Many were detained without a chance to challenge the accusations or see a lawyer.
  3. AEA Invoked: The Trump administration declared a national security threat and used the Alien Enemies Act to justify the removals.
  4. Transfer: The men were flown to El Salvador 🇸🇻, usually with little warning to families or legal representatives.
  5. Detention in CECOT: Upon arrival, they were locked up in CECOT under a U.S.-funded contract, not Salvadoran law.
  6. Legal Limbo: Neither the United States 🇺🇸 nor El Salvador 🇸🇻 claims full legal responsibility, leaving the men with no clear path to release or return.

Stakeholder Positions and Reactions

Trump Administration

  • Defends the deportations as necessary for national security.
  • Claims legal authority under the Alien Enemies Act.
  • Insists that the migrants are now under Salvadoran jurisdiction and cannot be returned to the United States 🇺🇸.

El Salvador 🇸🇻

  • Told the United Nations it has no legal authority over the migrants.
  • Says it is only holding them under a U.S.-funded agreement.
  • Distances itself from responsibility for the detainees’ fate.

Venezuela 🇻🇪

  • Accuses the United States 🇺🇸 and El Salvador 🇸🇻 of kidnapping its citizens.
  • Demands the return of its nationals.

United Nations and Human Rights Groups

  • Warn that the removals likely violate international human rights law.
  • Highlight the risk of enforced disappearance and lack of due process.
  • Call for transparency and accountability from both governments.

Families and Advocates

  • Report trauma and uncertainty, as many do not know where their relatives are.
  • Struggle to get information or help for detained loved ones.

Legal and Policy Implications

Supreme Court Actions

In April and May 2025, the Supreme Court issued temporary restraining orders and injunctions to stop the deportations. However, the Court later allowed the Trump administration to continue using the Alien Enemies Act while legal challenges are ongoing.

Ongoing Lawsuits

Groups like the American Civil Liberties Union (ACLU) and Democracy Forward are suing to force the United States 🇺🇸 to return the deported migrants. They argue that the men are trapped in a “legal no man’s land” and that the government is ignoring court orders.

International Pressure

The United Nations and other international bodies are increasing scrutiny. There is talk of possible sanctions or investigations if the situation does not improve.


The Human Impact: Life in CECOT

For the deported Venezuelan men, life in CECOT is harsh and uncertain. Many are held incommunicado, with no way to contact family or lawyers. They have not been charged with crimes in El Salvador 🇸🇻 and have no clear release dates.

Key effects:

  • Indefinite detention: No trial, no sentence, no end in sight.
  • No recourse: The Trump administration has refused to fix mistakes, even when courts have ordered the return of specific individuals.
  • Family separation: Families in the United States 🇺🇸 and Venezuela 🇻🇪 often have no idea where their loved ones are or if they are safe.

Human rights groups, such as Cristosal, report that many detainees have no criminal records and may be victims of enforced disappearance.


Background: The Alien Enemies Act and CECOT

Alien Enemies Act (AEA) of 1798

The AEA is a very old law that gives the president power to detain or deport citizens of enemy countries during war or invasion. It has rarely been used in modern times. President Trump used it in 2025, arguing that the Venezuelan gang Tren de Aragua was acting as an invading force.

CECOT Megaprison

CECOT is a massive prison in El Salvador 🇸🇻, known for tough conditions and indefinite detention. With U.S. funding, it was expanded to hold up to 40,000 people. As of July 2025, about 14,000 are held there, including the Venezuelan deportees.


What Happens Next?

Ongoing Litigation

Several lawsuits are still moving through U.S. federal courts. The Supreme Court has allowed the deportations to continue for now, but the final outcome is uncertain.

International Scrutiny

The United Nations and human rights groups are watching closely. If the United States 🇺🇸 or El Salvador 🇸🇻 is found to have broken international law, there could be sanctions or other consequences.

Possible Policy Changes

If courts rule against the Trump administration, the United States 🇺🇸 may have to bring the detainees back or give them fair hearings.


Practical Guidance for Affected Families and Advocates

If you have a loved one who may have been deported to El Salvador 🇸🇻 under this program:

  • Contact legal organizations like the ACLU or Democracy Forward for help.
  • Check official resources such as the U.S. Department of Homeland Security for updates.
  • Document all communications with government agencies.
  • Reach out to human rights groups for support and information.

Remember, the situation is changing quickly, and legal outcomes are still pending.


Multiple Perspectives: A Summary

  • Trump administration: Says the removals are needed for national security and are legal under the AEA. Claims El Salvador 🇸🇻 is now responsible for the detainees.
  • El Salvador 🇸🇻: Denies legal responsibility, says it is only holding the men under a U.S. contract.
  • Legal and human rights experts: Warn of serious due process violations and the creation of a legal vacuum.
  • Families and advocates: Face trauma, lack of information, and no way to help detained relatives.

Conclusion

As of July 8, 2025, El Salvador 🇸🇻 has formally contradicted the Trump administration’s claims about the legal status of deported migrants. This has exposed a complex legal and humanitarian crisis, with hundreds of people trapped in CECOT, no clear legal authority, and families left in the dark. The situation remains unresolved, with ongoing legal battles and growing international concern.

For more information and updates, visit the U.S. Department of Homeland Security. Analysis from VisaVerge.com suggests that the outcome of these legal and diplomatic struggles will have lasting effects on immigration policy, international law, and the lives of thousands of families.

Key takeaway: The fate of the Venezuelan migrants deported to El Salvador 🇸🇻 is still uncertain. Legal, humanitarian, and diplomatic challenges continue, and the world is watching to see how the United States 🇺🇸 and El Salvador 🇸🇻 will respond.

Learn Today

Alien Enemies Act → A 1798 U.S. law allowing detention or deportation of citizens from enemy countries during wartime.
CECOT → A large, harsh prison in El Salvador expanded to hold over 40,000 inmates with U.S. funding.
Due Process → The legal requirement that the government must respect all legal rights owed to a person.
Refoulement → International law principle forbidding return of refugees to places where they face danger or persecution.
Legal Limbo → A situation where responsibility or legal status is unclear, leaving individuals without protection or rights.

This Article in a Nutshell

Since March 2025, over 200 Venezuelan migrants were deported to El Salvador’s CECOT prison under a rare U.S. law. El Salvador denies legal responsibility, sparking legal disputes and human rights concerns worldwide. The deportees face indefinite detention without due process or clear jurisdiction, leaving families and advocates seeking answers.
— By VisaVerge.com

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Oliver Mercer
ByOliver Mercer
Chief Analyst
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As the Chief Editor at VisaVerge.com, Oliver Mercer is instrumental in steering the website's focus on immigration, visa, and travel news. His role encompasses curating and editing content, guiding a team of writers, and ensuring factual accuracy and relevance in every article. Under Oliver's leadership, VisaVerge.com has become a go-to source for clear, comprehensive, and up-to-date information, helping readers navigate the complexities of global immigration and travel with confidence and ease.
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