SAN SALVADOR, El Salvador (AP) — The U.S. government deported over 200 Venezuelan immigrants to El Salvador earlier this month, utilizing an 18th-century wartime law, sparking significant legal complications and human rights concerns.
On March 15, 2025, these individuals were sent to a maximum-security prison, allegedly due to their connections to the Tren de Aragua gang, which the U.S. government has labeled an invading force. No substantive evidence to support this claim has been provided by U.S. officials.
This unprecedented deportation opens the door to serious legal and ethical questions, especially as a federal judge in Washington, D.C., attempts to determine whether the U.S. government defied his earlier order to halt deportations. Further complicating matters, the Venezuelan government is actively pursuing legal action on behalf of the deported nationals.
On March 24, lawyers hired by the Venezuelan government formally filed legal actions in El Salvador, seeking the release of the deported individuals. Jaime Ortega, one of the lawyers representing 30 of the imprisoned Venezuelans, disclosed that a habeas corpus petition was submitted to the Supreme Court’s Constitutional Chamber to ensure these migrants’ rights are respected. "We represent at this moment 30 Venezuelans who have given us the power to act, but by extension, we are asking for habeas corpus for the rest of the Venezuelan citizens who are detained in our country," Ortega stated.
Since the arrival of the Venezuelans, the Salvadoran government has remained conspicuously silent about their legal status, raising further alarm about the treatment of these individuals. El Salvador's President Nayib Bukele acknowledged the deportation, referring to those sent as "238 members of the Venezuelan criminal organization Tren de Aragua," but provided no further clarification.
Human rights advocates have raised alarms about the legality of the detention. David Morales, legal director for the nongovernmental organization Cristosal, emphasized that there is no legal framework supporting the imprisonment of the Venezuelan migrants. “They are illegal detentions because they haven’t been submitted to the jurisdiction of a Salvadoran judge, nor have they been prosecuted or convicted in El Salvador,” Morales stated, labeling the detainment as "arbitrary." He insisted that since the country lacks independent judicial oversight, fair legal proceedings for the detained individuals seem highly unlikely.
El Salvador has been under a state of emergency since March 2022, which has facilitated the arrest of around 84,000 people, many of whom were detained without due process. Under this state of emergency, detainees may be held for up to 15 days without access to legal representation, raising the risk of abuse and wrongful imprisonment. The Constitutional Chamber of the Supreme Court has systematically rejected over 6,000 habeas corpus petitions from families seeking release for their incarcerated relatives since the beginning of this state of emergency.
Concurrently, U.S. Homeland Security Secretary Kristi Noem is scheduled to visit the prison housing these Venezuelan migrants on March 26, 2025. However, this visit arouses concerns about the U.S. government's continuing involvement in the circumstances surrounding these deportations.
Legal experts question the rationale behind deporting individuals who have yet to stand trial or face charges in the U.S. or El Salvador. The legal team representing the Venezuelan migrants argues that these actions effectively criminalize asylum seekers without substantial justification.
In discussing the broader implications, Jaime Ortega expressed doubt about the relative legal frameworks that could dictate the fate of the detained, asking, “Who is going to decide these people’s freedom, U.S. judges, Salvadoran judges?” Ortega's comments reflect an inherent distrust in the systems responsible for overseeing human rights and due process.
This situation carries substantial repercussions for U.S.-Venezuela relations, especially as tensions over immigration and trade policies continue to oscillate. Furthermore, in a separate move, President Trump has taken a hardline stance regarding Venezuelan politics, intending to impose tariffs on countries collaborating with Venezuelan oil exports, further complicating economic relations.
The recent executive order issued on March 24, 2025, by President Trump, notes that any country importing oil from Venezuela is slated for a 25% tariff on goods sold in the U.S. Such measures target those involved in facilitating trade with Venezuela amid allegations that the Maduro regime has facilitated cross-border crime and destabilization.
As the saga unfolds regarding the deported Venezuelans, observers stress the necessity for transparent judicial proceedings along with the assurance of human rights. The fate of these individuals rests not only on El Salvador's legal frameworks but also on the shifting dynamics of U.S. immigration and foreign policy.
As it stands, the combination of legal uncertainty, geopolitical maneuvering, and human rights concerns creates a tempestuous context for the Venezuelan migrants trapped in El Salvador's judicial system, raising profound questions about international complicity in their treatment.
