Fire for Illegally Transferring Migrants to El Salvador’s Mega-Prison

A federal judge has found probable cause to hold the U.S. Department of Justice (DOJ) in contempt over secretive and illegal transfers of detainees to El Salvador’s notorious CECOT facility — a supermax “mega-prison” known for its brutal conditions. The transfers, conducted under a covert agreement with the Bukele government, sidestepped U.S. asylum laws and exposed detainees, including asylum seekers, to documented human rights abuses.

This case is more than a diplomatic blunder. It’s a civil rights emergency — and one that civil rights law firms like BNCL cannot ignore.

What Happened

Leaked documents and testimonies revealed that the DOJ, under direction from senior Trump administration officials, approved the extrajudicial transfer of detainees — primarily Central American men accused of gang affiliation — to the CECOT facility in early 2025.

CECOT, the Terrorism Confinement Center in El Salvador, has been condemned by international watchdogs for its inhumane treatment of inmates. Reports include mass beatings, lack of due process, denial of medical care, and forced disappearances. Many detainees had never been convicted of a crime in the U.S. or abroad and were awaiting hearings under U.S. immigration law.

Despite multiple legal barriers, including protections under the Convention Against Torture and U.S. immigration statutes, the DOJ moved forward with the transfers, claiming “national security” as justification.

The Judge’s Response

Federal District Judge Marla Sweeney didn’t mince words. In her ruling, she stated:

“The Department of Justice has demonstrated a reckless disregard for domestic law, international obligations, and the basic human dignity of the individuals it transferred.”

She found probable cause for contempt proceedings and issued a preliminary injunction banning any further transfers without court approval. She also ordered the DOJ to produce a full list of transferred individuals and their current status.

Civil Rights Ramifications

This case hits at the heart of due process, international human rights, and the foundational promise of America as a refuge for the persecuted. These weren’t convicted terrorists. Many were asylum seekers, people fleeing violence who sought protection under American law — and were instead handed over to a regime with one of the worst human rights records in the Western Hemisphere.

The contempt finding signals that courts may no longer allow executive overreach to hide behind a smokescreen of national security — a shift that civil rights advocates have long demanded.

BNCL’s Position

BNCL stands firmly in opposition to policies that deny people due process and dignity, especially when those policies are racially or ethnically targeted under the guise of immigration control.

This case has echoes of past injustices, where powerful institutions abandoned the law when it became inconvenient. We’ve seen it in police departments that abuse mentally ill individuals, in employers who retaliate against Black women for speaking out, and now — in federal agencies turning asylum seekers into political scapegoats.

Our work has always extended beyond courtroom victories. It’s about holding the line when no one else will. That’s why cases like this one matter. Because silence — especially from legal professionals — is complicity.

The Bigger Picture

The implications of this case go far beyond the DOJ or CECOT. If the U.S. government can unilaterally strip due process from asylum seekers and deport them into the arms of violent regimes, no one’s rights are safe.

And make no mistake — this will disproportionately affect Black and Brown immigrants. Always has. Always will. Unless we fight back.

What Comes Next

The DOJ has until early May to comply with the judge’s order or face further sanctions. Civil rights organizations are calling for independent investigations, restitution for transferred detainees, and prosecution of officials who orchestrated the program.

BNCL will continue to monitor this case and advocate for justice on behalf of the victims. We also urge our community to stay informed, speak out, and support legal action that defends the rule of law, not the rule of fear.