Lawyers representing one of the 17 alleged Venezuelan gang members deported to El Salvador’s CECOT prison on Sunday have raised concerns over their deportation just two days after a federal judge had issued an order halting such deportations. It remains unclear if the deported individuals were covered by this order.
A federal judge, Brian E. Murphy, recently blocked a Trump administration policy that allowed the deportation of migrants to countries other than their own without affording them the opportunity to present their case in immigration court. In his ruling, Judge Murphy stated that individuals facing removal to a third country must be given proper notice and the chance to apply for protection.
Despite this ruling, the Trump administration proceeded to deport 17 alleged members of the Venezuelan gang Tren de Aragua to El Salvador’s CECOT prison. Among them was Maiker Espinoza Escalona, who had previously been held at Guantanamo Bay after being deported from the U.S.
Lee Gelernt, an attorney for the ACLU, expressed concerns over the sudden allegations against Escalona that led to his deportation, emphasizing the need for due process to challenge the government’s claims. The lack of transparency regarding the authority under which the deportations were carried out has also been criticized.
The detainees’ attorneys have condemned the government’s failure to provide adequate notice and the opportunity to present claims before deporting individuals to a third country, warning of the grave risks they face upon deportation.
Escalona, who sought asylum upon entering the U.S., denied being a gang member in a sworn declaration and expressed fear of being sent to Guantanamo due to his tattoos, which authorities often use to identify gang affiliations. He pleaded for protection, citing the potential dangers he may encounter if deported to El Salvador.
Since May 22, Escalona has listed his tattoos, which include a cross, a crown, the ghost icon from Snapchat, his niece’s name, and the word “Faith” in Spanish. The photo shows Homeland Security Secretary Kristi Noem arriving at the Terrorist Confinement Center in Tecoluca, El Salvador on Mar. 26, 2025. Escalona expressed his fear of being transferred to or detained at Guantanamo, stating that he wants access to an attorney to help him navigate his immigration case and avoid separation from his family. The government opposed Escalona’s request for a temporary restraining order against his deportation to Guantanamo, with Gelernt of the ACLU stating that the government used a loophole to transfer him to a Salvadoran prison without notice to the court. Escalona’s partner is detained in El Paso, and his 2-year-old daughter is under the custody of the Office of Refugee Resettlement. The story continues to develop.
