The lawyers who represent at least one of the 17 alleged members of Venezuelan gangs who were deported on Sunday to the notorious prison of Cecot of El Salvador, say that the men were sent there two days after a federal judge issued an order that prohibits such deportations.
A federal judge on Friday blocked a Trump administration policy that allowed the deportation of migrants to countries other than their own without giving them the opportunity to argue their removal in the immigration court, although it is not clear if those deported on Sunday would have been protected by the order.
In his Friday ruling, the United States District Judge Brian E. Murphy blocked the elimination of any individual subject to a final removal order from the United States to a third country that is not the country designated for elimination in immigration procedures unless they receive a written notification and the opportunity to “send a protection application.”
The ruling was issued two days before the Trump administration sent 17 alleged members of the Venezuelan Train of Aragua to the Cecot prison in El Salvador.
Among the 17 alleged gang members sent to El Salvador was Maiker Espinoza Escalona, who was detained in the United States prison field in Guantanamo after being deported from the United States.
Lee Gelernt, A ACLU’s lawyer, told ABC News that he has serious concerns about what he called the “Government” of the government against Escalona that precipitated the shipment of Escalona to Cecot.
“He and others sent to the saving prison should receive due process to evaluate government claims,” said Gelernt.
Salvadoran police officers escort alleged members of the Venezuelan Gang Train of Aragua recently deported by the United States government to be imprisoned in the prison of the Terrorism Confinement Center, in San Luis Talpa, El Salvador, obtained on March 16, 2025.
Press Secretary of the Presidency Via Reuters
A White House official told ABC News that the 17 alleged gang members who were deported to El Salvador were not deported under the alien enemies law that was used to send more than 200 alleged gang members to El Salvador the last month, but under different authorities, including title 8.
The announcement of the “anti -terrorism operation” of the Secretary of State Marco Rubio, did not mention the authority that the administration used to deport the 17 individuals.
“The lack of DHS routine to provide a significant notice and opportunity to file a claim based on fear before deportation to a third country has led to hundreds of illegal deportations, placing people with a serious risk of persecution, torture and/or death,” said the lawyers of the detainees in a complaint last week.
Escalona, who entered the United States on May 14 and requested asylum, presented an affidavit in early March in which he declared that he was not a member of a gang and asked the government not to send it to Guantanamo.
“I think I am at risk of being transferred because I have a final deportation order and I am from Venezuela,” said Escalona in the affidavit. “I also believe that I will be transferred to Guantanamo due to my tattoos, although they have nothing to do with gangs. I have twenty tattoos.”
The authorities have said that they use tattoos to help identify gang members. Escalona, who said in his statement that he had been in immigration arrest in El Paso, Texas, since May 22, listed his tattoos that, according to him, include a cross, a crown, the ghost icon of the application of social networks Snapchat, the name of his niece and the word “faith” in Spanish.
The exterior of the terrorist confinement center as Secretary of National Security Kristi Noem arrives, in Tecoluca, El Salvador, March 26, 2025.
Alex Brandon/AP
“I don’t want them to transfer or stop me in Guantanamo. I’m afraid of what will happen to me when I get there,” said Escalona in the statement. “I want access to a lawyer to help me out of the detention and discover what options I have in my immigration case.”
“If they transfer me to Guantanamo, I will be separated from my family,” he said.
The Government opposed the application of Escalona of a temporary restriction order that prohibits deportation to Guantanano, Gellnt told ABC News.
“The Government opposed our application to claim that it was not imminent of being sent from the United States to Guantanamo, but told the court that they would alert it within 2 business days if he or other plaintiffs were transferred to Guantanamo,” said Gelernt. “Apparently, the government has chosen to use an escape and transfer it on a Friday night, thus avoiding a warning to the Court at this time. Apparently now it has been transferred to the notorious saving prison.”
According to the Affidavit of Escalona and the ACLU, his partner is currently being held in El Paso and his 2 -year -old daughter is under the custody of the refugee resettlement office.
This story has been updated.
