Recommendations of the Editorial team
After the illegal transfer of hundreds of migrants to a torture prison in El Salvador by US President Donald Trump, his government declared that She has no legal authority to bring it back to the United States. For his part, Salvadorian President Nayib Bukele said that he “did not” have “not” sent back wrongly deported migrants. And wouldn’t even do it if he had it.
On Monday, the lawyers of the Venezuelan men presented documents in front of the district judge James Boasberg in Washington, DC. It shows that the Salvadorian government told the United Nations that the United States retained the final responsibility of the men who were sent by the Trump government to the notorious Mega prison in Cecot in El Salvador.
These documents contradict directly public statements of high-ranking Trump government official. They also contradict the statements in the procedure in front of Richter Boasberg, who deals with the transfer of hundreds of Venezuelan men to El Salvador. Just like the case of Kilmar Abrego Garcia, a man from Maryland, who was illegally sent to a prison in El Salvador despite a deportation.
Salvadorian government: USA bear full responsibility
According to reports from the working group for forced or involuntary disappearance of the United Nations – which were submitted as evidence on Monday in the JGG case in the JGG case on Monday – the Salvadorian government said that it had no responsibility for the people who were transferred to its prison system. But only fulfills an agreement with the Trump government.
“The measures of the state of El Salvador limited themselves to the implementation of a bilateral cooperation mechanism with another state through which he enabled the use of the Salvadorian prison infrastructure to custody people who were arrested as part of the judicial and law enforcement system of this other state,” said the Salvadorian government towards the UN. “In this context, jurisdiction and legal responsibility for these persons lie exclusively with the responsible foreign authorities based on international agreements. And in accordance with the principles of sovereignty and international cooperation in criminal matters.”
It also said: “In this regard, the acts attributable to the Salvadorian state are limited to his sovereignty and territorial responsibility. And therefore he cannot be held responsible for disregarding the principle of non -rejection in relation to the people mentioned.”
Trump government refuses to disclose agreements
The Trump government has refused to disclose its agreements with El Salvador to accommodate migrants in prisons. And claims that this information is “secret”. So protected by lawyers or even a state secret.
The plaintiff’s lawyers in the JGG case said on Monday that the US government was informed about the reports to the UN, which were sent in April in the context of several cases for enforced or involuntary disappearance. They argued that the Ministry of Justice under Trump had illegally held these documents back in the course of taking evidence in front of judge Boasberg’s court.
They also referred to the affidavit that the Ministry of Justice presented in May in May. And which was signed by the officer of the Foreign Ministry, Michael Kozak.
“It was and is my opinion that the detention and final decision on the persons held in Cecot and other Salvadorian detention centers are matters who fall under the legal responsibility of El Salvador in accordance with his domestic and international obligations,” wrote Kozak in the explanation.
New evidence contradict US declaration
The lawyers requested additional evidence to be raised in the proceedings in front of Richter Boasberg. They pointed out that “these new evidence of the fundamental responsibility statement in Kozak’s declaration of May 9, 2025, which is dated to the UN and after submitting the plaintiff’s habitas”. “.
On Monday, the topic of jurisdiction for the men, which Trump had sent to El Salvador, came up. And again in the case of the illegally deported Abrego Garcia. The Supreme Court had classified this deportation as “illegal”.
Also in the focus of
Abrego Garcia had been brought back to the United States last month so that he could be charged in Tennessee for new charges. After the Trump government refused to follow court orders for return for weeks. Last week, Abrego Garcia’s lawyers said that he had been physically and mentally tortured in the Salvadorian Cecot prison.
“The prisoners were housed in overcrowded cells with metal spits without mattresses. Without windows. With bright light that burned 24 hours a day. And with minimal access to sanitary facilities,” it said in a court document. In addition, Abrego Garcia and other inmates were beaten and forced to spend hours on their knees for hours.
On Monday, the US district judge Paula Xinis confronted the lawyers of the Ministry of Justice with their earlier claim that they had no responsibility for Abrego Garcia. Although a few days later they raised a dubious punishment against him and brought him back to the United States to deport him to a third country.
“The Ministry of Justice raised charges against Mr. Abrego Garcia on May 21,” said Xinis. “How could they say six days later that they had no power to show him. Why should otherwise be a criminal complaint against someone you can supposed not show? This is illogical.”