A Call for Justice: Venezuela Battles for 238 Imprisoned Citizens in El Salvador
Venezuela Contests El Salvador's Migrant Detentions, as Trump Experiences Legal Defeat
In a bold and relentless pursuit, the Nicolás Maduro administration has taken legal action in El Salvador, advocating on behalf of 238 Venezuelan citizens incarcerated following their deportation from the United States.
A troop of Salvadoran lawyers, led by Jaime Ortega, have filed habeas corpus appeals with the Central American nation's Supreme Court. Currently, these legal eagles represent 30 of the detainees, but the habeas corpus petition applies to all Venezuelan nationals sent to El Salvador against their will.
Addressing the media on March 26th, Ortega demanded "immediate release" for the detainees, stating that they should be repatriated to Venezuela in an orderly and systematic manner.
The lawyers argue that a "legal vacuum" exists surrounding the Venezuelans' imprisonment, as it was not authorized by a judge, and the habeas corpus request aims to compel the Nayib Bukele government to justify its actions.
The forced deportation of these 238 citizens was a result of the U.S. invoking the 1798 Alien Enemies Act, which classifies them as belonging to Tren de Aragua - a gang labeled as a foreign terrorist organization by Washington. Upon arrival in El Salvador, they were transferred to the country’s “Terrorism Confinement Center” (CECOT). Under an agreement between the Bukele and Trump administrations, the U.S. will reportedly pay $20,000 per inmate per year for their incarceration.
Enrique Anaya, a Salvadoran constitutional lawyer, believes that the habeas corpus petitions could disclose the "legal vacuum" that surrounds these deportations, but the nation’s history of judicial independence raises doubts about the detainees’ imminent release.
In 2024, the El Salvador Supreme Court dismissed over 6,000 habeas corpus petitions. Bukele has ruled under an official state of emergency since early 2022, as he strives to combat the presence of violent gangs in the country. Critics have accused Salvadoran authorities of human rights and due process violations, with El Salvador currently claiming the highest incarceration rate in the world.
Maduro has criticized the Bukele government for cooperating with the Trump administration's crackdown on Venezuelan migrants, describing it as reminiscent of a "slave trade." He vowed that his government would relentlessly work towards releasing the 238 Venezuelans detained in El Salvador and ensuring the safe return of migrants from U.S. territory.
In recent weeks, Venezuelan relatives and attorneys have denounced the mistreatment of migrants and contested that they had any ties to organized crime. There have been numerous reports of Venezuelans being classified as gang members and locked up solely based on tattoos.
Human Rights Watch and other organizations have classified the U.S. deportation of these Venezuelans as "enforced disappearances," which violate international prohibitions on arbitrary detention and the right to due process.
The Trump administration's resort to the 18th-century Alien Enemies Act has been disputed in U.S. courts. On April 14th, the Washington D.C. Circuit Court of Appeals backed a lower court ruling that imposed a temporary ban on deportations to determine the legality of the act. Trump's White House has faced criticism for prioritizing the crackdown on migrants, with Venezuelans particularly targeted.
Facing allegations of mistreatment, unfair deportations, and international law violations, both the U.S. and El Salvador are under intense scrutiny. From families seeking the release of their loved ones to human rights organizations calling for justice, the fight for the 238 Venezuelan detainees continues.
- The Venezuelan government is actively involved in a policy-and-legislation battle, advocating for the repatriation of 238 Venezuelan citizens who are currently imprisoned in El Salvador.
- On March 26th, a Salvadoran lawyer, Jaime Ortega, called for the immediate release of these detainees and their systematic repatriation to Venezuela.
- The legal team argues that a legal vacuum exists regarding the imprisonment of the Venezuelans, as it was not authorized by a judge, and the habeas corpus request aims to compel the El Salvador government to justify its actions.
- The U.S. has been criticized for its role in this situation, as the forced deportation of the 238 citizens was a result of the invoking of the 1798 Alien Enemies Act, which classifies them as belonging to a foreign terrorist organization.
- The issue is currently under scrutiny in both the U.S. and El Salvador due to allegations of mistreatment, unfair deportations, and international law violations, with families, human rights organizations, and general news outlets calling for justice for the 238 Venezuelan detainees.
