The question of who holds legal jurisdiction over 140 Venezuelan migrants deported from the U.S. to El Salvador’s high-security CECOT prison remains unresolved, with court filings from both governments offering conflicting explanations. In its latest filing, the Salvadoran government stated that the United States is legally responsible for the individuals, despite prior statements from the Trump administration claiming that authority transferred once the migrants entered El Salvador’s prison system.
The March deportation operation drew international attention. The Department of Homeland Security placed more than 100 migrants — identified as Venezuelan gang members and criminals — on planes and flew them to El Salvador.
Shortly after the deportations, migrant advocacy groups and attorneys representing some of the deported families filed lawsuits. The legal teams argued that the deportations violated the law and demanded that the U.S. return the migrants.
Trump administration officials maintain they no longer have jurisdiction over the migrants, claiming the individuals are now under El Salvador’s authority.
Salvadoran government filing
In a court filing responding to a United Nations inquiry, the Salvadoran government stated that it played only a limited role in the deportations.
“The actions of the State of El Salvador have been limited to the implementation of a bilateral cooperation mechanism with another State,” the filing said.
El Salvador argued to the U.N. that since it was not involved in the early deportation process, legal questions regarding the deportations should be directed to the U.S.
“The jurisdiction and legal responsibility for these people 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.”
ACLU lawyer responds
Lee Gelernt, a lawyer for the American Civil Liberties Union and the lead counsel in one of the lawsuits filed against the Trump administration, responded to El Salvador’s statement. He said it’s proof that Trump officials do have the power to return the prisoners.
“El Salvador said out loud what everyone knew: The United States is in charge of the Venezuelans shipped off in the middle of the night back in March,” Gelernt said.
Impact on ongoing court cases
The Trump administration has not responded to media inquiries about the Salvadoran government’s filing. However, the White House previously asserted that U.S. jurisdiction applied only while the individuals remained in federal custody and that legal responsibility transferred once El Salvador took custody of them.
It remains unclear whether El Salvador’s statement will affect the outcome of the ongoing court cases. This includes whether the country with jurisdiction must return some or all of the deported individuals.
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Author: Devin Pavlou
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