The Trump administration has made headlines once again by transferring 17 alleged gang members to El Salvador. This marks the second removal of its kind in just two weeks, as President Trump pushes ahead with his controversial plan to send migrants to a notorious jail in Central America. Despite rising legal concerns regarding the lawfulness of this action, U.S. Secretary of State Marco Rubio confirmed on Monday that a military plane transported the alleged gang members, linked to the notorious Tren de Aragua and MS-13 gangs, to El Salvador on Sunday evening, describing it as a “counterterrorism operation.”
Among those transferred were 10 Salvadoran and seven Venezuelan men, all of whom were previously held at the Guantánamo Bay Naval Station. A White House official, who spoke anonymously, revealed that these individuals were removed under federal immigration law, avoiding the use of the Alien Enemies Act, which has been blocked by an appeals court amid ongoing legal disputes.
The migrants sent to El Salvador were either convicted of crimes or faced pending charges, including serious offenses such as drug possession, theft, child sex abuse, and murder. “We extend our gratitude to President Nayib Bukele and the government of El Salvador for their partnership in combating transnational crime and terrorism,” stated Rubio.
However, the decision to send these migrants to El Salvador has drawn significant scrutiny. Immigrant advocates argue that detainees in El Salvador often lack access to both the U.S. and Salvadoran justice systems, raising concerns about the potential for torture and indefinite detention. In a previous operation on March 15, three planes carried 238 Venezuelans and 23 Salvadorans back to El Salvador, despite a judge's order to halt the flights.
Relatives of several individuals on those flights have vehemently denied that their family members are gang members, while the administration has acknowledged in court that many do not have criminal records in the United States. Recently, U.S. District Judge Brian E. Murphy issued a temporary emergency order questioning the administration's authority to deport migrants to a country where they are not citizens. The ruling mandates that migrants must be given a “meaningful opportunity” to seek humanitarian protection in the U.S. before being sent elsewhere.
A White House official confirmed compliance with the judge's ruling but did not provide specific details. The Department of Homeland Security and Immigration and Customs Enforcement have yet to respond to requests for more information regarding the recent transfers.
Experts on immigration law have voiced concerns that the transfers of Venezuelans to El Salvador constitute serious human rights violations. Denise Gilman, who leads the immigration clinic at the University of Texas School of Law, stated, “Regardless of the government's claimed authority, removing Venezuelans to El Salvador is unacceptable and poses significant risks of indefinite imprisonment and torture.”
Video footage shared by the Salvadoran president’s office depicts a U.S. Air Force C-17 arriving in El Salvador, showcasing the grim reality of the transfer. Salvadoran military personnel were seen shuffling shackled men into a prison, where conditions are notoriously harsh. Reports indicate that up to 70 men may be confined in a single cell, forced to endure a lack of basic comforts such as mattresses and visitation rights.
The Terrorism Confinement Center (CECOT), where these deportees are sent, has faced intense scrutiny due to its inhumane conditions. According to Human Rights Watch, there has been no documented case of any detainee ever leaving the facility. Legal experts have raised questions regarding the authority under which these migrants are being held, especially since many were not charged with any crimes in either the U.S. or El Salvador.
Families of the deported Venezuelan men are actively collaborating with human rights organizations and attorneys to understand their legal status and seek their release. Although the Trump administration has released names of the latest deportees, details regarding earlier flights remain undisclosed, leading to fears about the fate of those missing from ICE’s locator system.
Among those deported was Maiker Espinoza Escalona, who had previously filed a lawsuit against the Department of Homeland Security due to his potential detention at Guantánamo. Espinoza Escalona, who fears being separated from his family, has been labeled by the administration as a “confirmed Tren de Aragua gang member.” However, his legal representation has raised concerns over the sudden accusations against him, calling for due process to validate the government's claims.
The ongoing situation surrounding the deportation of alleged gang members to El Salvador raises significant legal and human rights questions. As the Trump administration navigates these challenges, the implications for affected families and broader immigration policy remain to be seen.
