Research Dossier

El Salvador detention and deportation to torture

Removals to El Salvador's CECOT prison system, secret detention contracts, forced disappearances, and the landmark Abrego Garcia case.

Records
5
Last updated
March 25, 2026
Generated
April 8, 2026
Source
https://trumpswarcrimes.com

This dossier is generated from the public archive at https://trumpswarcrimes.com. Classifications are editorial assessments, not legal determinations. See the full methodology at https://trumpswarcrimes.com/about.

Table of Contents

  1. Kilmar Abrego Garcia Deported to El Salvador Despite Withholding Order March 15, 2025 · Critical Rights and Rule-of-Law Concern
  2. Invocation of the Alien Enemies Act to Accelerate Venezuelan Deportations March 15, 2025 · Critical Rights and Rule-of-Law Concern
  3. Secret Deportation of 260+ Venezuelans to CECOT Mega-Prison March 15, 2025 · War Crime / Crime Against Humanity
  4. Forced Disappearances of Salvadoran Deportees in El Salvador's Prison System March 15, 2025 · War Crime / Crime Against Humanity
  5. Secret $6 Million Contract to Outsource Detention to El Salvador's CECOT February 3, 2025 · War Crime / Crime Against Humanity
Critical Rights and Rule-of-Law Concern Deportation & Immigration Active litigation probable Ongoing

Kilmar Abrego Garcia Deported to El Salvador Despite Withholding Order

Incident: March 15, 2025 · Updated: June 6, 2025

Federal officials removed Kilmar Abrego Garcia to El Salvador despite a preexisting withholding order barring that destination, then spent weeks litigating what it meant to 'facilitate' his return after the Supreme Court intervened.

Key Facts

  • An immigration judge had already barred Abrego Garcia's removal to El Salvador.
  • Public reporting said he was transferred into El Salvador's CECOT prison system.
  • The Supreme Court later required the government to facilitate his return, leaving compliance disputes active.

Metadata

Victims
Kilmar Abrego Garcia, a Maryland resident who held a 2019 withholding order barring removal to El Salvador
Actors
DHS, ICE, Trump Administration
International law
Convention Against Torture Article 3 Non-refoulement — absolute prohibition on transfer to a country where there are substantial grounds for believing the person would be in danger of being subjected to torture; International Covenant on Civil and Political Rights Article 9 Right to liberty and security of person; prohibition on arbitrary detention; International Covenant on Civil and Political Rights Article 13 Procedural protections for aliens facing expulsion — may only be expelled pursuant to decision reached in accordance with law; 1951 Refugee Convention Article 33 Non-refoulement — prohibition on return to territories where life or freedom would be threatened; International Convention for the Protection of All Persons from Enforced Disappearance Prohibition on secret detention without notice to families or lawyers
Legal issues
Due Process Clause (5th Amendment), withholding-of-removal protections under immigration law, non-refoulement norms, and separation-of-powers concerns raised by compliance disputes

Timeline

  1. October 10, 2019 — Immigration judge grants withholding protection
    An immigration judge barred Abrego Garcia's removal to El Salvador, creating the baseline legal protection later implicated in the case.
  2. March 15, 2025 — Abrego Garcia is removed to El Salvador
    Federal authorities deported him despite the prior withholding order, according to subsequent court filings and public reporting.
  3. April 10, 2025 — Supreme Court issues unanimous ruling
    In a unanimous decision authored by Chief Justice Roberts, the Court required the government to 'facilitate' Abrego Garcia's return. Justice Sotomayor noted the government's argument implied it 'could deport and incarcerate any person, including U.S. citizens, without legal consequence.'
  4. June 6, 2025 — Abrego Garcia returned to the United States
    After nearly three months in CECOT despite the Supreme Court order, Abrego Garcia was returned to the United States to face new criminal charges.

Analysis

What Happened

Kilmar Abrego Garcia, a Salvadoran national who had been living in Maryland, was deported to El Salvador in March 2025 even though an immigration judge had previously granted him withholding of removal to that country. That protection did not give him permanent resident status, but it did bar the federal government from sending him to El Salvador unless that order was first lifted through further legal process.

Public reporting said he was sent to CECOT (Centro de Confinamiento del Terrorismo), El Salvador's maximum-security prison complex, where detainees are held in highly restrictive conditions that human rights groups have strongly criticized.

Court Response

His wife and attorneys quickly challenged the deportation in federal court. Lower courts ordered the administration to facilitate his return. When the government sought emergency relief, the dispute reached the U.S. Supreme Court.

In April 2025, the Supreme Court left in place an order requiring the administration to "facilitate" Abrego Garcia's return to the United States. The justices also noted that the government acknowledged he had been removed to El Salvador despite an order forbidding that removal.

Why This Entry Is Marked a Critical Concern

This publication treats the case as a critical legal and human-rights concern because public reporting and court filings describe:

  • Apparent conflict with an existing protection order: The reported removal to El Salvador was inconsistent with the withholding order already on the books.
  • Due-process concerns: The case became a test of whether a person can be removed before courts have a meaningful opportunity to stop the error.
  • Possible non-refoulement concerns: Human rights groups and litigants argued that sending a protected person into El Salvador's prison system risked exposure to mistreatment or return to the dangers underlying the original withholding order.
  • Separation-of-powers concerns: The later fight over what it means to "facilitate" a return highlighted a constitutional conflict between the executive branch and the federal courts.

The Supreme Court's Unanimous Ruling

On April 10, 2025, the Supreme Court issued a unanimous ruling authored by Chief Justice John Roberts in Noem v. Abrego Garcia. The Court held that the district court's order requiring the government to "facilitate" Abrego Garcia's return was proper, stating: "The order properly requires the Government to 'facilitate' Abrego Garcia's release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador."

The ruling was unanimous -- all nine justices agreed that the government was required to facilitate the return of a person it had illegally deported.

The "Any Person, Including Citizens" Argument

In a concurrence joined by Justices Kagan and Jackson, Justice Sotomayor highlighted the extraordinary implications of the government's legal position: "The Government's argument implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene."

This argument -- that executive action taken before a court can issue an order is beyond judicial review -- represented a claim of executive power that, if accepted, would have eliminated judicial oversight of deportation and detention entirely. The unanimous Court rejected it.

Delayed Return and Continued Defiance

Despite the Supreme Court's April 10 ruling, the administration did not return Abrego Garcia promptly. The district court subsequently found the administration "failed to comply" with the Court's order. Abrego Garcia remained in CECOT until June 6, 2025 -- nearly three months after the Supreme Court's unanimous decision -- when he was finally returned to the United States, only to face new criminal charges.

The delay between the Supreme Court's order and the actual return illustrated the broader pattern of the administration treating court orders as suggestions rather than binding commands.

Reported Conditions at CECOT

Human rights organizations and reporters have described CECOT as a prison system associated with:

  • highly restrictive detention conditions
  • limited outside contact and legal access
  • mass confinement with little individualized process
  • serious concerns about mistreatment and indefinite detention

A November 2025 report by Human Rights Watch and Cristosal titled "You Have Arrived in Hell" documented regular and severe physical abuse, sexual violence, prolonged incommunicado detention, inadequate food, and denial of healthcare at CECOT. Abrego Garcia was held in this facility for approximately 83 days despite a standing judicial order prohibiting his deportation to El Salvador and a Supreme Court order requiring his return.

Why This Entry Is Classified as a Probable War Crime

This publication classifies the Abrego Garcia deportation as a probable violation of international law because:

  • Deliberate refoulement: The government acknowledged the deportation to El Salvador was improper, yet had originally carried it out despite a preexisting judicial order barring that exact action. This is not an inadvertent breach but a knowing violation of non-refoulement obligations.
  • Transfer to a torture facility: The documented conditions at CECOT, including torture and sexual violence, mean the transfer exposed Abrego Garcia to treatment prohibited under the Convention Against Torture.
  • Defiance of judicial authority: The delayed compliance with a unanimous Supreme Court order demonstrated that the violation was not corrected promptly even after the highest court in the country intervened.
  • Legal theory of unlimited executive power: The government's argument that it could deport anyone, including citizens, without legal consequence if it acted before courts could intervene, revealed an intent to place deportation decisions beyond the rule of law entirely.

Sources (8)

  1. Supreme Court Orders Trump Administration to Facilitate Return of Wrongly Deported Maryland Man — The New York Times
    https://www.nytimes.com/2025/04/10/us/politics/supreme-court-trump-deportation-el-salvador.html
    Archived: https://web.archive.org/web/2026/https://www.nytimes.com/2025/04/10/us/politics/supreme-court-trump-deportation-el-salvador.html
  2. Supreme Court Says U.S. Must Facilitate Return of Deported Maryland Man — AP News
    https://apnews.com/article/supreme-court-trump-deportation-el-salvador-abrego-garcia
    Archived: https://web.archive.org/web/2026/https://apnews.com/article/supreme-court-trump-deportation-el-salvador-abrego-garcia
  3. Case of Maryland Man Sent to El Salvador Reaches the Supreme Court — The Washington Post
    https://www.washingtonpost.com/politics/2025/04/07/abrego-garcia-el-salvador-deportation-supreme-court/
    Archived: https://web.archive.org/web/2026/https://www.washingtonpost.com/politics/2025/04/07/abrego-garcia-el-salvador-deportation-supreme-court/
  4. Supreme Court Orders Trump Administration to Facilitate Return of Wrongly Deported Man — Reuters
    https://www.reuters.com/world/us/supreme-court-orders-trump-administration-facilitate-return-wrongly-deported-man-2025-04-10/
    Archived: https://web.archive.org/web/2026/https://www.reuters.com/world/us/supreme-court-orders-trump-administration-facilitate-return-wrongly-deported-man-2025-04-10/
  5. Opinion: Noem v. Abrego Garcia (24A949) — Supreme Court of the United States
    https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
    Archived: https://web.archive.org/web/2026/https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf
  6. Supreme Court Affirms Lawlessness of the Removal of Kilmar Abrego Garcia — George Washington Law Review
    https://www.gwlr.org/kilmar-abrego-garcia/
    Archived: https://web.archive.org/web/2026/https://www.gwlr.org/kilmar-abrego-garcia/
  7. Deportation of Kilmar Abrego Garcia — Wikipedia
    https://en.wikipedia.org/wiki/Deportation_of_Kilmar_Abrego_Garcia
    Archived: https://web.archive.org/web/2026/https://en.wikipedia.org/wiki/Deportation_of_Kilmar_Abrego_Garcia
  8. Supreme Court rules U.S. must facilitate return of Kilmar Abrego Garcia — CNBC
    https://www.cnbc.com/2025/04/10/supreme-court-trump-kilmar-abrego-garcia.html
    Archived: https://web.archive.org/web/2026/https://www.cnbc.com/2025/04/10/supreme-court-trump-kilmar-abrego-garcia.html

Full record: https://trumpswarcrimes.com/incident/abrego-garcia-wrongful-deportation

Critical Rights and Rule-of-Law Concern Deportation & Immigration Active litigation potential Ongoing

Invocation of the Alien Enemies Act to Accelerate Venezuelan Deportations

Incident: March 15, 2025 · Updated: September 3, 2025

The administration invoked a rarely used 1798 wartime statute to justify accelerated removals of Venezuelan nationals, including transfers into El Salvador's detention system, prompting immediate litigation over both process and statutory scope.

Key Facts

  • The proclamation treated Tren de Aragua activity as an 'invasion' or 'predatory incursion' under the Alien Enemies Act.
  • The government used the proclamation to argue for removals with sharply reduced individualized process.
  • Public reporting connected some removals to transfers into El Salvador's CECOT prison system.

Metadata

Victims
Venezuelan nationals accused of ties to Tren de Aragua, plus other migrants swept into emergency removal proceedings
Actors
President Trump, DHS Secretary, ICE
International law
International Covenant on Civil and Political Rights Article 9 Right to liberty and security of person; prohibition on arbitrary detention; International Covenant on Civil and Political Rights Article 13 Procedural protections for aliens facing expulsion; International Covenant on Civil and Political Rights Article 14 Right to a fair hearing by an independent tribunal; Convention Against Torture Article 3 Non-refoulement — absolute prohibition on return to countries where there is risk of torture; 1951 Refugee Convention Article 33 Non-refoulement; Universal Declaration of Human Rights Article 14 Right to seek and enjoy asylum
Legal issues
Alien Enemies Act (50 U.S.C. 21), Due Process Clause (5th Amendment), statutory notice and hearing requirements, and non-refoulement concerns linked to third-country detention

Timeline

  1. March 15, 2025 — White House issues Alien Enemies Act proclamation
    President Trump publicly invoked the 1798 statute against alleged Tren de Aragua members.
  2. March 15, 2025 — Emergency removals and transfers begin drawing scrutiny
    Reporting and litigation described attempted removals with reduced process and transfers into El Salvador's detention system.
  3. March 16, 2025 — Civil-liberties groups move into federal court
    Federal litigation quickly challenged both the legal theory behind the proclamation and the lack of individualized process.
  4. April 16, 2025 — Judge Boasberg finds probable cause for criminal contempt
    In a 46-page ruling, the judge concluded probable cause existed to find the government in criminal contempt for continuing deportation flights despite his restraining order.
  5. May 6, 2025 — Federal judge in Denver issues permanent injunction
    A federal judge in Denver permanently enjoined the use of the Alien Enemies Act for immigration removals.
  6. August 8, 2025 — Appeals court reverses contempt finding
    A two-judge majority (both Trump appointees) threw out Judge Boasberg's criminal contempt ruling.
  7. September 3, 2025 — Fifth Circuit blocks use of Alien Enemies Act
    In a 2-1 ruling, the Fifth Circuit rejected the argument that immigration constitutes an 'invasion' under the Act, stating the findings 'do not support that an invasion or a predatory incursion has occurred.'

Analysis

What Happened

On March 15, 2025, the Trump administration invoked the Alien Enemies Act of 1798, a wartime statute rarely used in U.S. history, as part of its campaign against alleged members of Tren de Aragua. The proclamation argued that the gang's activity constituted an "invasion" or "predatory incursion" within the meaning of the statute.

The administration used that theory to argue it could remove Venezuelan nationals with sharply reduced process. Critics said the policy relied on sweeping accusations of gang affiliation and did not provide individualized hearings before some removals were attempted.

Deportation to Third Countries

Rather than returning all deportees to Venezuela, the administration also coordinated transfers to El Salvador under an agreement with President Nayib Bukele's government. Public reporting said some deportees were sent to CECOT, where they were held in a prison system criticized by rights groups for extreme conditions and limited process.

That made the policy unusual even by immigration-law standards: the United States was not just removing people from the country, but in some cases transferring them into a third country's detention system.

Federal courts quickly intervened. Some judges issued emergency orders blocking removals or requiring notice and a chance to challenge the government's legal theory before deportation. Other opinions later questioned whether the proclamation described the kind of "invasion" that Congress had in mind when it enacted the statute.

The litigation turned on both process and substance: whether the Act can be used outside a conventional wartime setting, and whether the government may rely on it without individualized hearings when the consequence is immediate removal to another country or prison system.

Judge Boasberg and the Contempt Crisis

Judge James Boasberg issued a temporary restraining order on March 15, 2025, blocking deportation flights under the Act. Hours later, the administration flew deportees to El Salvador despite the order. In an April 16 ruling spanning 46 pages, Boasberg found "probable cause" to hold the government in criminal contempt, writing that the evidence was "sufficient for the court to conclude that probable cause exists to find the government in criminal contempt." He described the administration's use of the Act as having "frightening" implications.

An appeals court later reversed the contempt finding in August 2025, in a 2-1 decision with both judges in the majority being Trump appointees.

Trump called for Boasberg's impeachment on Truth Social, labeling him a "Radical Left Lunatic." Chief Justice John Roberts issued a rare public rebuke, stating: "For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision."

Fifth Circuit Blocks the Act

On September 3, 2025, the Fifth Circuit Court of Appeals delivered a decisive blow to the administration's legal theory. In a 2-1 ruling, the court blocked the use of the Alien Enemies Act for immigration removals. Judge Leslie Southwick, writing for the majority, rejected the argument that the Venezuelan gang Tren de Aragua constituted an "invasion" under the statute, concluding: "We conclude that the findings do not support that an invasion or a predatory incursion has occurred."

The ruling was significant because the Fifth Circuit -- covering Texas, Louisiana, and Mississippi -- is widely regarded as one of the most conservative appellate courts in the country. That even this court rejected the administration's legal theory underscored how far the invocation of a wartime statute for immigration enforcement departed from established law.

The Act had previously been used only during declared wars: the War of 1812, World War I, and World War II. Its use to justify peacetime immigration deportations was unprecedented.

Why This Entry Is Marked a Critical Concern

This publication assigns a critical label because the reported conduct raises several unusually serious issues at once:

  • Use of a wartime detention statute in a non-war immigration context
  • Accelerated removals with limited individualized process
  • Transfers into a third country's prison system
  • Potential non-refoulement and arbitrary-detention concerns if detainees are sent to abusive conditions without meaningful review

The historical analogy matters as well: the Alien Enemies Act was previously used during formal wars, including the period that produced Japanese internment. That history does not itself decide the legality of the 2025 proclamation, but it explains why the policy drew immediate scrutiny from civil-liberties advocates, courts, and scholars.

Sources (9)

  1. Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua — The White House
    https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/
  2. Trump Invokes Alien Enemies Act to Speed Deportations — The New York Times
    https://www.nytimes.com/2025/03/15/us/politics/trump-alien-enemies-act-deportations.html
  3. ACLU Challenges Trump's Use of the Alien Enemies Act — ACLU
    https://www.aclu.org/press-releases/aclu-challenges-trump-alien-enemies-act
  4. Trump Invokes 1798 Wartime Law to Deport Venezuelans — Reuters
    https://www.reuters.com/world/us/trump-invokes-1798-wartime-law-deport-venezuelans-2025-03-14/
  5. Fifth Circuit Grants Preliminary Injunction Against AEA Tren de Aragua Removals — Lawfare
    https://www.lawfaremedia.org/article/fifth-circuit-grants-preliminary-injunction-against-aea-tren-de-aragua-removals
  6. Fifth Circuit Rules Trump's Use of Alien Enemies Act Is Illegal — Cato Institute
    https://www.cato.org/blog/fifth-circuit-rules-trumps-use-alien-enemies-act-illegal
  7. Judge: 'Probable cause' to hold U.S. in contempt over Alien Enemies Act deportations — NPR
    https://www.npr.org/2025/04/16/g-s1-60696/judge-contempt-alien-enemies-act
  8. Federal judge in Denver issues injunction against Trump's Alien Enemies Act removals — Colorado Newsline
    https://coloradonewsline.com/2025/05/06/federal-judge-in-denver-issues-injunction-against-trumps-alien-enemies-act-removals/
  9. Repeal the Alien Enemies Act: A Human Rights Argument — Human Rights Watch
    https://www.hrw.org/report/2025/05/01/united-states-repeal-the-alien-enemies-act/a-human-rights-argument

Full record: https://trumpswarcrimes.com/incident/alien-enemies-act-mass-deportations

War Crime / Crime Against Humanity Deportation to Torture Reported record probable Ongoing

Secret Deportation of 260+ Venezuelans to CECOT Mega-Prison

Incident: March 15, 2025 · Updated: March 25, 2026

Over 260 Venezuelans were secretly deported to CECOT, where HRW documented torture, sexual violence, prolonged incommunicado detention, and denial of basic necessities. Many deportees had no criminal history and were asylum seekers.

Key Facts

  • 260+ Venezuelan nationals were secretly deported to CECOT between March and April 2025, without notice to families or attorneys, constituting enforced disappearance under international law.
  • HRW's 'You Have Arrived in Hell' report documented regular and severe physical abuse, sexual violence (at least 3 cases including forced oral sex), psychological abuse, and prolonged incommunicado detention.
  • Many deportees were asylum seekers with no criminal history, deported to a facility described by a federal judge as 'one of the most notoriously inhumane and dangerous prisons in the world.'
  • Transfer to a known torture facility violates the absolute prohibition on refoulement under the Convention Against Torture, which permits no exceptions regardless of national security claims.
  • As of March 2026, dozens of deportees remained in CECOT. Some were released via prisoner swap with Venezuela; one Venezuelan filed a $1.3 million damages claim.

Metadata

Victims
260+ Venezuelan nationals including asylum seekers with no criminal history, deported to CECOT mega-prison without notice to families or attorneys
Actors
President Trump, DHS Secretary Noem, ICE, Department of State (for negotiating the transfer agreement with El Salvador)
International law
Convention Against Torture Article 3 Absolute prohibition on transfer to countries where there is substantial risk of torture (non-refoulement); Convention Against Torture Article 16 Prohibition on cruel, inhuman, or degrading treatment or punishment; International Covenant on Civil and Political Rights Article 7 Prohibition on torture and cruel, inhuman, or degrading treatment; International Covenant on Civil and Political Rights Article 9 Right to liberty and security of person; prohibition on arbitrary detention; International Covenant on Civil and Political Rights Article 14 Right to due process and fair hearing; International Convention for the Protection of All Persons from Enforced Disappearance Article 2 Prohibition on enforced disappearance, defined as deprivation of liberty with concealment of fate or whereabouts; Inter-American Convention to Prevent and Punish Torture Article 3 State responsibility for torture committed by public servants; UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) Rules 1, 43-46 Basic standards for treatment of prisoners including prohibition on indefinite solitary confinement
Legal issues
Convention Against Torture Articles 3 and 16 (absolute prohibition on refoulement to torture and cruel treatment), ICCPR Articles 7, 9, and 14 (torture, arbitrary detention, due process), International Convention for the Protection of All Persons from Enforced Disappearance, Inter-American Convention to Prevent and Punish Torture, Nelson Mandela Rules

Timeline

  1. March 15, 2025 — First secret deportation flights to CECOT
    The Trump administration began secretly deporting Venezuelan nationals to CECOT mega-prison in El Salvador. Deportees were transported without notice to their families, attorneys, or the public.
  2. March 20, 2025 — HRW files declaration in J.G.G. v. Trump on CECOT conditions
    Human Rights Watch submitted an expert declaration in federal litigation describing conditions at CECOT, including overcrowding, lack of sanitation, and denial of legal access.
  3. April 30, 2025 — Deportation flights to CECOT continue through April
    Additional flights brought the total number of Venezuelan nationals deported to CECOT to over 260. Deportees included asylum seekers with no criminal history.
  4. November 12, 2025 — HRW and Cristosal publish 'You Have Arrived in Hell'
    The comprehensive report documented systematic torture including sexual violence, regular physical beatings by guards, incommunicado detention, inadequate food, denial of hygiene and sanitation, limited healthcare access, and no recreational or educational activities.
  5. March 15, 2026 — Washington Post reports deportees still held a year later
    Reporting confirmed that dozens of Venezuelans deported by the Trump administration remained in CECOT, some for nearly a year, with no clear legal process for release or return.

Analysis

What Happened

Between March and April 2025, the Trump administration secretly deported more than 260 Venezuelan nationals to El Salvador's CECOT (Centro de Confinamiento del Terrorismo), a maximum-security mega-prison that has been the subject of extensive international condemnation for its conditions. The deportations were conducted in secret: families were not notified, attorneys were not informed, and the deportees were held incommunicado upon arrival.

Many of the deportees were asylum seekers. Some had no criminal history whatsoever. They were not deported to their home country of Venezuela, but rather transferred to a third country's prison system under an arrangement between the Trump administration and the government of Salvadoran President Nayib Bukele.

Federal Judge Paula Xinis, in the related Abrego Garcia case, described CECOT as "one of the most notoriously inhumane and dangerous prisons in the world" that "by design, deprives its detainees of adequate food, water, and shelter."

Documented Torture and Abuse

In November 2025, Human Rights Watch and the Salvadoran human rights organization Cristosal published a comprehensive investigative report titled "You Have Arrived in Hell," based on extensive interviews with deportees and their families. The report documented:

  • Regular and severe physical abuse by prison guards, including systematic beatings
  • Sexual violence, with at least three documented cases including forced oral sex
  • Verbal and psychological abuse, including threats and degradation
  • Prolonged incommunicado detention without any contact with family members or legal representatives
  • Inadequate food, with detainees reporting chronic hunger
  • Denial of basic hygiene and sanitation, including lack of access to clean water and soap
  • Limited access to healthcare, with injuries from beatings going untreated
  • No recreational or educational activities, with detainees confined to cells for extended periods

The title of the report -- "You Have Arrived in Hell" -- comes from words reportedly spoken to deportees upon their arrival at CECOT.

Enforced Disappearance

The manner of the deportations meets the definition of enforced disappearance under the International Convention for the Protection of All Persons from Enforced Disappearance. The deportees were:

  1. Deprived of their liberty by agents of the state (ICE)
  2. Transferred to the custody of another state's prison system
  3. Their fate and whereabouts were concealed from their families and attorneys
  4. They were placed outside the protection of law, with no legal process available to them in El Salvador

The National Immigration Law Center has maintained a tracking project documenting the "CECOT disappearances," reflecting the characterization of these transfers as enforced disappearances under international law.

Non-Refoulement Is Absolute

The Convention Against Torture Article 3 establishes an absolute prohibition on transferring any person to a state where there are substantial grounds for believing they would be in danger of being subjected to torture. This prohibition admits no exceptions -- it applies regardless of national security considerations, criminal history, or immigration status. The non-refoulement obligation under the CAT is widely recognized as a jus cogens norm (a peremptory norm of international law from which no derogation is permitted).

The US government transferred 260+ people to a facility where:

  • The risk of torture was not merely foreseeable but documented and publicly known
  • HRW had already filed court declarations describing the conditions before many of the flights occurred
  • A federal judge had already described CECOT as designed to deprive detainees of basic necessities
  • El Salvador's broader state of emergency and prison system had been condemned by the Inter-American Commission on Human Rights

The transfers therefore violated Article 3 not through negligence or failure to assess risk, but with actual or constructive knowledge that torture would occur.

Cruel, Inhuman, and Degrading Treatment

Even if any individual act of mistreatment fell short of the legal definition of torture, the conditions documented by HRW -- chronic hunger, denial of sanitation, incommunicado detention, psychological abuse -- collectively constitute cruel, inhuman, or degrading treatment prohibited by CAT Article 16 and ICCPR Article 7.

Due Process Violations

The deportees were transferred to CECOT without:

  • Individualized assessment of their risk of torture or persecution
  • Notice to their attorneys or families
  • Opportunity to seek judicial review
  • Access to consular assistance
  • Any legal process in El Salvador to challenge their detention

This violated ICCPR Articles 9 and 14 and the Inter-American Convention on Human Rights.

Why This Is Classified Extreme

This incident is classified at extreme severity because:

  • Documented torture including sexual violence: The HRW report provides firsthand evidence of systematic torture at the facility where deportees were sent, constituting a crime against humanity if shown to be part of a widespread or systematic attack.
  • Absolute prohibition violated: Non-refoulement under the CAT is a jus cogens norm -- it is among the highest-order prohibitions in international law, permitting no exceptions under any circumstances.
  • Enforced disappearance: Secret transfers without notice to families or attorneys meet the international legal definition of enforced disappearance, itself a crime against humanity under the Rome Statute.
  • Asylum seekers with no criminal history: Many victims were not accused of any crime; they were asylum seekers who had come to the United States seeking protection.
  • Ongoing detention: As of March 2026, dozens of deportees remain in CECOT with no clear mechanism for release, a full year after their transfer.

International Law Violations

Statute Article Nature of Violation
Convention Against Torture Art. 3 Transfer to facility where torture was documented and foreseeable
Convention Against Torture Art. 16 Subjecting deportees to cruel, inhuman, or degrading treatment
ICCPR Art. 7 Torture and cruel treatment documented by HRW
ICCPR Art. 9 Arbitrary detention without legal process
ICCPR Art. 14 Denial of due process and access to legal counsel
Enforced Disappearance Convention Art. 2 Secret transfer and concealment of whereabouts from families
Inter-American Convention to Prevent and Punish Torture Art. 3 State responsibility for torture inflicted on transferred persons
Nelson Mandela Rules Rules 1, 43-46 Conditions of detention falling below minimum standards

Sources (6)

  1. You Have Arrived in Hell: Torture and Other Abuses Against Venezuelans in El Salvador — Human Rights Watch / Cristosal
    https://www.hrw.org/report/2025/11/12/you-have-arrived-in-hell/torture-and-other-abuses-against-venezuelans-in-el
    Archived: https://web.archive.org/web/2026/https://www.hrw.org/report/2025/11/12/you-have-arrived-in-hell/torture-and-other-abuses-against-venezuelans-in-el
  2. Human Rights Watch Declaration on Prison Conditions in El Salvador (J.G.G. v. Trump) — Human Rights Watch
    https://www.hrw.org/news/2025/03/20/human-rights-watch-declaration-prison-conditions-el-salvador-jgg-v-trump-case
    Archived: https://web.archive.org/web/2026/https://www.hrw.org/news/2025/03/20/human-rights-watch-declaration-prison-conditions-el-salvador-jgg-v-trump-case
  3. Tracking the CECOT Disappearances — National Immigration Law Center
    https://www.nilc.org/resources/tracking-the-cecot-disappearances/
    Archived: https://web.archive.org/web/2026/https://www.nilc.org/resources/tracking-the-cecot-disappearances/
  4. Deportees sent by Trump to Salvadoran prison are still stuck a year later — The Washington Post
    https://www.washingtonpost.com/world/2026/03/15/trump-el-salvador-cecot-deportations/
    Archived: https://web.archive.org/web/2026/https://www.washingtonpost.com/world/2026/03/15/trump-el-salvador-cecot-deportations/
  5. You Have Arrived in Hell: Report Documents Torture of Venezuelans Deported to El Salvador's CECOT — Democracy Now!
    https://www.democracynow.org/2025/11/14/cecot
    Archived: https://web.archive.org/web/2026/https://www.democracynow.org/2025/11/14/cecot
  6. Trump Must Be Held Accountable for People Detained in El Salvador's CECOT — American Immigration Council
    https://www.americanimmigrationcouncil.org/press-release/people-detained-el-salvador-cecot-trump-accountable/
    Archived: https://web.archive.org/web/2026/https://www.americanimmigrationcouncil.org/press-release/people-detained-el-salvador-cecot-trump-accountable/

Full record: https://trumpswarcrimes.com/incident/cecot-deportation-torture

War Crime / Crime Against Humanity Deportation to Torture Reported record probable Ongoing

Forced Disappearances of Salvadoran Deportees in El Salvador's Prison System

Incident: March 15, 2025 · Updated: March 25, 2026

Systematic forced disappearances of Salvadoran nationals deported from the US, held incommunicado in Salvadoran prisons including CECOT with no access to lawyers, families, or courts. The US bears responsibility for knowingly deporting individuals to a country practicing enforced disappearance — a crime against humanity under the Rome Statute.

Key Facts

  • Human Rights Watch documented 11 cases of Salvadorans deported from the US between mid-March and mid-October 2025 who were immediately detained upon arrival and held incommunicado.
  • None of the deportees have been allowed to communicate with their relatives or lawyers. None have been brought before a judge.
  • Salvadoran authorities refused to provide information about the deportees, claiming they 'lacked a legal mandate' or had 'no record' of them — meeting the definition of enforced disappearance.
  • Some deportees are confirmed held at CECOT, the mega-prison where conditions have been documented as torture.
  • Over 9,000 Salvadorans have been deported by the United States since the start of 2025.

Metadata

Victims
At least 11 documented Salvadoran deportees held in enforced disappearance. Over 9,000 Salvadorans deported from the US since 2025. Venezuelan deportees also subjected to forced disappearance and torture at CECOT.
Actors
El Salvador's government (direct perpetrator), Trump administration and DHS (knowingly deporting to a country practicing enforced disappearance)
International law
International Convention for the Protection of All Persons from Enforced Disappearance Article 2 Enforced disappearance is the arrest, detention, or abduction of persons by agents of the State, followed by a refusal to acknowledge the deprivation of liberty or the fate or whereabouts of the person; Rome Statute of the International Criminal Court Article 7(1)(i) Crimes against humanity — enforced disappearance of persons when committed as part of a widespread or systematic attack against any civilian population; Convention Against Torture Article 3 Non-refoulement — no State shall deport a person to a State where there are substantial grounds for believing they would be subjected to torture; International Covenant on Civil and Political Rights Article 9 Right to liberty — no arbitrary detention; right to challenge lawfulness of detention; International Covenant on Civil and Political Rights Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment
Legal issues
International Convention against Enforced Disappearance Article 2, Rome Statute Article 7(1)(i), Convention Against Torture Article 3, ICCPR Articles 7 and 9

Timeline

  1. March 15, 2025 — Mass deportation flights to El Salvador begin
    The Trump administration deports over 260 migrants to El Salvador, including 238 Venezuelans sent to CECOT and 23 Salvadorans immediately detained upon arrival.
  2. April 11, 2025 — HRW documents forced disappearance of Venezuelan deportees
    Human Rights Watch reports on the forced disappearance of Venezuelan deportees held incommunicado at CECOT.
  3. July 1, 2025 — Deportees remain under US control, NPR reports
    NPR reports that migrants deported to Salvadoran prison remain technically under US control despite being held by Salvadoran authorities.
  4. November 12, 2025 — HRW documents torture of Venezuelan deportees
    Human Rights Watch publishes detailed documentation of torture of Venezuelan deportees at CECOT.
  5. March 15, 2026 — One year later — deportees still incommunicado
    Washington Post reports that deportees sent to El Salvador a year earlier are still stuck, with no legal process, no family contact, and no prospect of release.
  6. March 16, 2026 — HRW documents forced disappearance of Salvadoran deportees
    Human Rights Watch publishes detailed report documenting enforced disappearance of 11 Salvadoran deportees, with authorities denying their existence.

Analysis

What Happened

El Salvador is systematically subjecting Salvadoran nationals deported from the United States to enforced disappearance — immediately detaining them upon arrival, holding them incommunicado, refusing to acknowledge their detention, and denying their existence in the system.

Documented Cases

Human Rights Watch interviewed 20 relatives and lawyers of 11 Salvadorans deported from the United States between mid-March and mid-October 2025 who were immediately detained upon arrival. The findings are devastating:

  • No communication: None of the deportees have been allowed to communicate with their relatives or lawyers.
  • No judicial process: None have been brought before a judge since their arrival.
  • Denial of existence: When relatives asked Salvadoran authorities about their loved ones, authorities refused to provide information, claiming they "lacked a legal mandate" or that they had "no record" of them.
  • Location unknown: Some relatives do not know where their loved ones are held. At least some are confirmed at CECOT, where conditions have been documented as amounting to torture.

Scale

Over 9,000 Salvadorans have been deported by the United States since the start of 2025. While not all are subjected to enforced disappearance, the 11 documented cases represent a systematic pattern, not isolated incidents.

US Responsibility

The United States bears legal responsibility under the principle of non-refoulement for knowingly deporting individuals to a country where they face enforced disappearance. The administration was aware of conditions in El Salvador — Human Rights Watch had published multiple reports on torture and forced disappearance at CECOT beginning in April 2025.

Enforced Disappearance as a Crime Against Humanity

Under the International Convention for the Protection of All Persons from Enforced Disappearance, enforced disappearance is defined as "the arrest, detention, or abduction of persons by agents of the State, followed by a refusal to acknowledge the deprivation of liberty or the fate or whereabouts of the person." El Salvador's actions meet this definition precisely.

Under the Rome Statute Article 7(1)(i), enforced disappearance constitutes a crime against humanity when "committed as part of a widespread or systematic attack directed against any civilian population." Given El Salvador's state of emergency and the thousands detained under it, the "widespread or systematic" threshold is likely met.

US Non-Refoulement Obligations

The US violates its non-refoulement obligations (CAT Article 3) by deporting individuals to a country where there are "substantial grounds for believing" they will be subjected to torture or enforced disappearance — particularly after receiving detailed documentation of such practices.

Why This Is Classified Extreme

  • Crime against humanity: Enforced disappearance meets the Rome Statute definition of crimes against humanity.
  • US complicity: The US knowingly deports to a country practicing enforced disappearance.
  • No remedy: Deportees have no access to lawyers, courts, or family — they have effectively ceased to exist in any legal system.
  • Duration: Some deportees have been held incommunicado for over a year.
  • Systematic nature: Multiple documented cases across months indicate a systematic practice.

Sources (6)

  1. US/El Salvador: Deportees Forcibly Disappeared — Human Rights Watch
    https://www.hrw.org/news/2026/03/16/us/el-salvador-deportees-forcibly-disappeared
  2. Deportees sent by Trump to Salvadoran prison are still stuck a year later — Washington Post
    https://www.washingtonpost.com/world/2026/03/15/trump-el-salvador-cecot-deportations/
  3. US/El Salvador: Torture of Venezuelan Deportees — Human Rights Watch
    https://www.hrw.org/news/2025/11/12/us/el-salvador-torture-of-venezuelan-deportees
  4. US/El Salvador: Venezuelan Deportees Forcibly Disappeared — Human Rights Watch
    https://www.hrw.org/news/2025/04/11/us/el-salvador-venezuelan-deportees-forcibly-disappeared
  5. Tracking the CECOT Disappearances — NILC
    https://www.nilc.org/resources/tracking-the-cecot-disappearances/
  6. El Salvador disappearing US deportees into CECOT — Salon
    https://www.salon.com/2026/03/17/black-hole-el-salvador-disappearing-us-deportees-into-cecot-rights-group-says/

Full record: https://trumpswarcrimes.com/incident/cecot-forced-disappearances-salvadorans

War Crime / Crime Against Humanity Deportation to Torture Reported record probable Ongoing

Secret $6 Million Contract to Outsource Detention to El Salvador's CECOT

Incident: February 3, 2025 · Updated: March 25, 2026

A secret $6 million contract enabled the US to outsource detention to El Salvador's CECOT mega-prison, where HRW documented systematic torture. The unreleased agreement created an unprecedented mechanism to evade domestic legal protections by transferring detainees to a foreign torture facility.

Key Facts

  • The US paid $6 million to El Salvador to detain deportees at CECOT, a mega-prison where HRW documented systematic torture including sexual violence, beatings, and prolonged incommunicado detention.
  • The agreement was negotiated during Secretary Rubio's February 2025 visit to El Salvador and finalized as a written deal that has never been publicly released, despite its unprecedented nature.
  • Over 280 people were transferred to CECOT in secret, with no notice to their families or attorneys — effectively disappeared by the US government into a foreign prison.
  • RFK Human Rights submitted a formal report to the UN Special Rapporteur on Migrants characterizing the arrangement as a 'secret torture deal,' and civil society organizations called for urgent UN action.
  • The arrangement creates an unprecedented mechanism to circumvent domestic legal protections by outsourcing detention and punishment to a foreign state with well-documented torture practices.

Metadata

Victims
Over 280 people transferred to CECOT, including Venezuelan nationals, many of whom had no criminal history and were asylum seekers. Detainees were transferred without notice to families or attorneys and subjected to systematic torture as documented by HRW.
Actors
Trump administration (negotiated and funded the agreement), Secretary of State Marco Rubio (finalized the deal), Salvadoran President Nayib Bukele (offered and operates CECOT), CECOT prison guards and riot police (carried out documented torture), White House Press Secretary Karoline Leavitt (publicly confirmed the payment)
International law
UN Convention Against Torture Article 3 No state shall expel, return, or extradite a person to another state where there are substantial grounds for believing they would be in danger of being subjected to torture; UN Convention Against Torture Article 1 Prohibition of torture, including severe suffering inflicted with the consent or acquiescence of a public official; International Covenant on Civil and Political Rights Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment; International Covenant on Civil and Political Rights Article 9 Right to liberty and security of person; no arbitrary detention; International Covenant on Civil and Political Rights Article 14 Right to fair trial and due process
Legal issues
CAT Article 3 (non-refoulement to torture), CAT Article 1 (prohibition of torture with state acquiescence), ICCPR Articles 7, 9, and 14 (torture, arbitrary detention, due process), US law (no statutory authority for outsourcing federal detention to foreign states)

Timeline

  1. February 3, 2025 — Bukele offers to house US deportees at CECOT
    Salvadoran President Bukele posts on X offering the United States 'the opportunity to outsource part of its prison system,' stating El Salvador will accept 'only convicted criminals (including convicted U.S. citizens)' into CECOT.
  2. February 5, 2025 — Rubio meets Bukele in El Salvador to formalize deal
    Secretary of State Marco Rubio visits El Salvador and meets with Bukele to discuss the offer. A verbal agreement is reached during this visit, which is later formalized in a written agreement.
  3. March 16, 2025 — First 238 transferees arrive at CECOT
    Bukele announces on X the arrival of 'the first 238 members' of Tren de Aragua from the United States, stating they will be imprisoned at CECOT 'for a period of one year (renewable).'
  4. March 17, 2025 — White House confirms $6 million payment
    White House Press Secretary Karoline Leavitt confirms 'approximately $6 million' has been paid to El Salvador 'for the detention of these foreign terrorists.'
  5. July 1, 2025 — 125 days of detention without legal process
    NIPNLG issues a press release marking 125 days since the first transfers, noting that detainees remain held without access to attorneys or families and that the US government has effectively 'disappeared' migrants.
  6. November 12, 2025 — HRW publishes 'You Have Arrived in Hell' report
    Human Rights Watch and Cristosal publish their investigation documenting systematic torture at CECOT including sexual violence, beatings, inadequate food, and denial of medical care against the Venezuelan deportees.

Analysis

What Happened

In February 2025, the Trump administration negotiated an unprecedented agreement with Salvadoran President Nayib Bukele to detain deportees from the United States at CECOT, El Salvador's Centro de Confinamiento del Terrorismo — a mega-prison that has been widely documented as a site of systematic torture and human rights abuse.

Negotiation and Formalization

On February 3, 2025, Bukele posted on X offering the United States "the opportunity to outsource part of its prison system." Secretary of State Marco Rubio was visiting El Salvador at the time and met with Bukele to finalize the arrangement. Rubio later confirmed that the verbal agreement reached during that visit was formalized in a written agreement — one that has never been publicly released.

The $6 Million Payment

On March 16, 2025, Bukele announced the arrival of "the first 238 members" of Tren de Aragua from the United States, stating they would be imprisoned at CECOT "for a period of one year (renewable)." The following day, White House Press Secretary Karoline Leavitt confirmed that "approximately $6 million" had been paid to El Salvador "for the detention of these foreign terrorists."

Secret Transfers and Disappearances

In March and April 2025, the US transferred over 280 people to CECOT in secret. No notice was given to their families or attorneys. The National Immigrant Justice Center and other organizations characterized this as the US government "disappearing" migrants into a foreign prison — with no legal process, no right to counsel, and no ability to challenge their transfer.

Documented Torture at CECOT

In November 2025, Human Rights Watch and Cristosal published "You Have Arrived in Hell," documenting systematic torture of the Venezuelan deportees at CECOT, including sexual violence, regular beatings, inadequate food, poor sanitation, and denial of medical care. HRW concluded these were not isolated incidents but systematic violations designed to subjugate and humiliate detainees.

The CECOT contract raises profound legal concerns:

Non-refoulement: The Convention Against Torture (Article 3) absolutely prohibits transferring any person to a state where there are substantial grounds for believing they face torture. Given the well-documented torture at CECOT — documented before the transfers occurred — the US had constructive knowledge that transferees would face torture.

State acquiescence in torture: Under CAT Article 1, torture includes acts committed "with the consent or acquiescence of a public official." By paying $6 million to fund detention in a facility where torture is systematic, the US is acquiescing in torture.

Unprecedented legal void: There is no US statutory authority for outsourcing federal detention to a foreign state. The arrangement places detainees beyond the reach of US courts, immigration judges, and constitutional protections — creating an extralegal detention regime.

Due process: The secret transfers without notice to attorneys or families violate fundamental due process protections under both US and international law.

Why This Is Classified Extreme

  • Outsourcing to a torture facility: The US paid to send people to a facility where systematic torture was already documented before the transfers began.
  • State-funded torture: $6 million in taxpayer funds directly enabling detention conditions that constitute torture under international law.
  • Enforced disappearances: Transferees moved in secret with no notice to families or legal counsel — meeting elements of the international legal definition of enforced disappearance.
  • Legal black hole: The arrangement places detainees beyond the reach of US courts and constitutional protections.
  • Secret agreement: The written agreement has never been released, preventing legal scrutiny and public accountability.

International Law Violations

  1. CAT Article 3 (Non-refoulement): Absolute prohibition on transfer to torture, violated by sending people to a facility with documented systematic torture.
  2. CAT Article 1 (State acquiescence): Paying to fund detention in a facility where torture is systematic constitutes acquiescence.
  3. ICCPR Article 7: Prohibition on torture and cruel, inhuman, or degrading treatment.
  4. ICCPR Article 9: Right to liberty and prohibition on arbitrary detention.
  5. ICCPR Article 14: Right to fair trial and due process, denied by secret transfers without legal process.

Sources (8)

  1. What Are US Taxpayers Getting in $6 Million Deal With Salvadoran Mega-Prison? — KQED
    https://www.kqed.org/news/12038872/what-us-taxpayers-getting-6-million-deal-salvadoran-mega-prison
  2. Inside Trump's $6mn deportee deal with El Salvador mega-prison — Context by TRF
    https://www.context.news/money-power-people/inside-trumps-6mn-deportee-deal-with-el-salvador-mega-prison
  3. The Dirty Deal with El Salvador — Just Security
    https://www.justsecurity.org/113026/us-agreement-el-salvador/
  4. How the U.S. Exports Punishment — TIME
    https://time.com/7297370/us-exports-punishment-essay/
  5. Civil Society Calls for Urgent UN Action to Denounce U.S./El Salvador Detention Agreement — Center for Constitutional Rights
    https://ccrjustice.org/civil-society-calls-urgent-un-action-denounce-usel-salvador-detention-agreement
  6. After Detaining People in El Salvador Torture Prison for 125 Days, the U.S. Government Must Be Held Accountable — NIPNLG
    https://nipnlg.org/news/press-releases/after-detaining-people-el-salvador-torture-prison-125-days-us-government-must
  7. US brokers secret torture deal with El Salvador: report to UN Special Rapporteur — Robert F. Kennedy Human Rights
    https://rfkhumanrights.org/report/us-brokers-secret-torture-deal-with-el-salvador-report-to-un-special-rapporteur-on-the-human-rights-of-migrants/
  8. El Salvador offers to house violent US criminals and deportees of any nationality — CNN
    https://www.cnn.com/2025/02/03/americas/el-salvador-migrant-deal-marco-rubio-intl-hnk/index.html

Full record: https://trumpswarcrimes.com/incident/secret-el-salvador-detention-contract

About This Dossier

Generated from the public archive at https://trumpswarcrimes.com. This archive documents allegations, not adjudicated findings. No person named has been convicted by any tribunal. Classifications are editorial assessments informed by legal analysis. See the full methodology at https://trumpswarcrimes.com/about.

Data exports: https://trumpswarcrimes.com/archive.json · https://trumpswarcrimes.com/archive.csv