Judge Insists on Explanation Regarding Agreement for Repatriating MS-13 Gang Ringleaders to El Salvador
In a recent turn of events, Federal Judge Joan M. Azrack has ordered the Justice Department to disclose more information about a controversial deal between the Trump administration and El Salvador's President Nayib Bukele. The deal, at the centre of one of the White House's most contentious deportation efforts, reportedly involved the U.S. deporting immigrants, including alleged MS-13 gang members, to El Salvador in exchange for El Salvador agreeing to imprison these individuals.
During a hearing, Judge Azrack cited recent news reports about the deal, including one that described how the Salvadoran government asked for the return of nine MS-13 members in exchange for giving the U.S. government a 50% discount on the original $6 million fee it had paid to house immigrants in the Salvadoran prison system.
The order comes as federal prosecutors on Long Island, New York, consider dismissing charges against one of these leaders, Vladimir Arevalo, who has been in U.S. custody for less than a year and was awaiting trial on narco-terrorism conspiracy charges. Prosecutors have offered little explanation for their sudden request to drop charges against Arevalo, citing only "important foreign policy considerations" and "national security concerns."
Azrack has expressed doubts about the Justice Department's efforts to deport MS-13 members to El Salvador in secret. She has chided Durham and his team for trying to "avoid public scrutiny" in their efforts to deport Arevalo by asking that court papers involved in the case be kept under seal.
Investigative reporting from The New York Times found that the return of the gang leaders to El Salvador is threatening a long-running federal investigation into the upper echelons of MS-13. An investigation by Durham once led a special cross-agency investigative unit called Joint Task Force Vulcan, which had brought two indictments against those believed to be the highest-ranking leaders in MS-13, including Arevalo.
Arevalo's lawyers have argued in court filings that he is likely to be "tortured or 'disappeared'" if he is returned to El Salvador. They have also requested the court to force the government to reveal more information about the deal between the United States and El Salvador.
The deal between Bukele and the Trump administration has been at the centre of one of the White House's most controversial deportation efforts. The arrangement reportedly included returning some top leaders of the MS-13 gang to El Salvador, who were believed to have knowledge of a secret "corrupt bargain" between Bukele and the gang contributing to reduced violence in El Salvador.
In March 2025, a diplomatic exchange of notes occurred between U.S. officials and El Salvador’s Foreign Minister, documenting the transfer of gang leaders—including MS-13 figures César Antonio Lopez Larios and César Eliseo Sorto Amaya—and up to 500 Venezuelan Tren de Aragua members to El Salvador. The United States framed the deal legally by disavowing responsibility for the treatment of the detainees once handed over, insisting that El Salvador has full control over them and is to comply with international human rights obligations.
The deal has attracted significant political controversy in the U.S., with Democratic lawmakers pressing the Trump administration for transparency and accusing it of misleading courts about the nature of the agreement. The arrangement has raised constitutional and human rights concerns, as critics argue that deporting and imprisoning individuals without due legal process and in the context of alleged pacts with criminal gangs violates both U.S. constitutional rules and international norms.
As the case develops, Judge Azrack has given prosecutors until Aug. 8 to explain in writing what role the deal with Bukele might have played in their request to throw out Arevalo's case. The judge's order allows Arevalo's lawyers to file a request to force the government to reveal more information about the deal between the United States and El Salvador, adding another layer of complexity to an already contentious issue.
[1] The New York Times, "El Salvador Receives 500 Venezuelan Gang Members as Part of U.S. Deportation Deal", 2025 [2] The Washington Post, "Trump Administration Deports Hundreds of Immigrants to El Salvador in Controversial Deal", 2025 [3] The Guardian, "Trump Administration's El Salvador Deportation Deal Sparks Legal and Ethical Challenges", 2025 [4] The Associated Press, "Trump Administration Deports MS-13 Leaders to El Salvador in Secret Deal", 2025 [5] The Intercept, "El Salvador's President Nayib Bukele's Secret Pact with MS-13", 2021
- Despite concerns raised by Judge Azrack about the secrecy surrounding the Trump administration's policy on deporting alleged MS-13 gang members to El Salvador, the Justice Department has yet to disclose full details about the controversial deal.
- The controversy surrounding the Trump administration's policy on deporting MS-13 members to El Salvador, as highlighted in general news, crime-and-justice, politics, and policy-and-legislation reports, has sparked legal and ethical challenges.
