Minister of Justice and Public Security Héctor Villatoro, right, accompanies Department of Homeland Security Secretary Kristi Noem, center, during a tour of the Terrorist Confinement Center (CECOT) on March 26, 2025 in Tecoluca, El Salvador. (Photo by Alex Brandon-Pool/Getty Images)

WASHINGTON — House Democrats sent a letter Thursday to the heads of Homeland Security and the State Department seeking more information about the financial agreement between the United States and El Salvador to detain more than 200 men at a notorious megaprison.

“Congress has the right and the obligation to conduct oversight over the executive branch and determine what deals our government has struck with a foreign dictator to imprison individuals seized in the United States in an effort to place them beyond the reaches of our court,” according to the letter by California’s Robert Garcia, Maryland’s Jamie Raskin, Mississippi’s Bennie Thompson and New York’s Gregory Meeks.

In March, the Trump administration flew several planes to El Salvador containing 238 men removed either under an 18th-century wartime law, known as the Alien Enemies Act, or because they are immigrants who had final orders of removal and are citizens of El Salvador. The men arrived at the notorious prison known as CECOT.

The letter challenges the Trump administration’s position publicly and in courts that any individuals removed to El Salvador to be detained are no longer in U.S. custody and any court order to facilitate the return of wrongly removed immigrants cannot be fulfilled.

According to court documents filed last week, testimony from Salvadoran officials noted that those individuals removed and detained at CECOT were considered in the jurisdiction of the U.S. government.

“The actions of the state of El Salvador have been limited to the implementation of a bilateral cooperation mechanism with another state, through which it has facilitated the use of the Salvadoran prison infrastructure for the custody of persons detained within the scope of the justice system and law enforcement of that other state,” according to the court document submitted by the American Civil Liberties Union.

That document was submitted in a court case that relates to the Trump administration’s use of the wartime law, and whether or not officials violated a federal judge’s order to return the planes to the U.S. The planes still landed in El Salvador.

“Court filings last week suggest the Administration misled federal judges, Congress, and the American people about the legal status of individuals the U.S. government has spirited away to El Salvador and who are being held in torture prisons like Centro de Confinamiento del Terrorismo (CECOT),” the Democrats wrote. 

The Democrats addressed the letter to DHS Secretary Kristi Noem and Secretary of State Marco Rubio, asking to see the agreement between the U.S. and El Salvador to accept non-Salvadoran citizens and information on the men detained at CECOT.

“This document indicates that the Department of Justice has misled federal courts in assertions regarding the agreement with El Salvador,” wrote the  Democrats, who sit on House committees on Homeland Security, Foreign Affairs, Judiciary and Oversight and Government Reform.

$15 million payment to El Salvador

The State Department is paying up to $15 million to house immigrants removed from the U.S. at CECOT, but the agreement has not been made publicly available. Former State Department officials and foreign policy aides have raised concerns that the State Department payments violate a human rights law.

The Leahy Law bars financial assistance to “units of foreign security forces” — which can include military and law enforcement staff in prisons —  facing credible allegations of gross human rights violations, such as CECOT.

The State Department has denied any wrongdoing.

The Trump administration has resisted court orders to return wrongfully deported men from CECOT, such as in the high-profile deportation case of Kilmar Abrego Garcia, and a separate case out of Baltimore, Maryland concerning another wrongly deported man sent to the megaprison. Abrego Garcia detailed how he experienced physical and psychological torture while at CECOT.

Noem visited CECOT earlier this year, and said the prison would be one of the Trump administration’s tools amid its aggressive immigration crackdown. 

Protesters outside the U.S. District Court for the District of Maryland in Greenbelt rally on April 4, 2025, in support of Kilmar  Abrego Garcia, calling for him to be returned to the U.S. (Ariana Figueroa/States Newsroom).

GREENBELT, Maryland — A top U.S. immigration official testifying in federal court Thursday did not give details of the Trump administration’s plans to deport Kilmar Abrego Garcia if he is released from pre-trial detention next week in Tennessee.

Thomas Giles, the assistant director for enforcement and removal operations at Immigration and Customs Enforcement, was noncommittal about how the agency would handle Abrego Garcia if he is released from jail in Tennessee where he awaits trial on federal charges, saying officials could not consider the question until he’s in ICE custody.

“There’s been no decision made as he’s not in ICE custody,” Giles said.

Department of Justice attorneys have said they would seek Abrego Garcia’s removal again, because he has a final order of removal, but have not detailed the process for that deportation, raising concerns of a lack of due process in the closely watched case that were not answered by Giles’ testimony Thursday.

Giles appeared after U.S. District Judge Paula Xinis ordered the Trump administration on Monday to produce a witness to detail the plan for Abrego Garcia’s removal.

The government is likely to pursue either a revocation of the deportation protections the El Salvador national and longtime Maryland resident has had since 2019 that bar deportation to his home country, or removal to a country other than El Salvador.

Abrego Garcia was wrongly removed in March to a notorious megaprison in El Salvador where he says he faced psychological and physical torture.

ICE detainer

Giles said that ICE placed a detainer on Abrego Garcia last month, meaning the agency requested the U.S. Marshals to notify ICE when he will be released so immigration officials can detain him. Abrego Garcia could be released July 16 after a pretrial hearing that day in Tennessee.

The Trump administration returned Abrego Garcia to the U.S. last month to face federal charges of human smuggling that stemmed from a 2019 traffic stop. Abrego Garcia has denied the charges.

Abrego Garcia’s attorneys said in court Thursday that they found out Abrego Garcia was brought back to the U.S. through media reports and they were given no information by the Trump administration.

DOJ attorneys said that Abrego Garcia will be removed from the U.S. before his trial in Tennessee is complete.

Restraining order considered

Attorneys for Abrego Garcia said Thursday they are concerned he will again be removed without due process or the ability to challenge his removal to another country if he fears he will experience harm or persecution. 

Earlier in the week, they pressed for Xinis to have Abrego Garcia brought back to Maryland, rather than remain in Tennessee. 

Xinis is still mulling that request from Abrego Garcia’s attorneys. This week, she also denied the Department of Justice’s move to dismiss the case as moot, because Abrego Garcia had been returned to the U.S.

Xinis said Thursday she is considering issuing a temporary restraining order if Abrego Garcia is released on pre-trial detention. The order would last for 48 business hours and bar immigration officials from removing Abrego Garcia to a detention center outside of Tennessee or from the U.S.

She also called for a hearing on Friday at 9 a.m. ET on the temporary restraining order.

Vague answers

Sascha Rand, an attorney representing Abrego Garcia in the immigration case in Maryland, grilled Giles on how familiar he was with Abrego Garcia’s case.

Giles said that he had not directly overseen Abrego Garcia’s case and had about four hours to prepare for Thursday’s hearing.

Rand asked Giles which country Abrego Garcia would be removed to if not El Salvador.

Giles said that if Abrego Garcia is removed to a third country, it would take anywhere from a few days to a few weeks to determine which country.  

Giles said that Mexico is one country that accepts nationals from other countries – including El Salvador – and has diplomatic assurance that an individual removed won’t face harm.

He added that South Sudan is also a country that the Trump administration has deemed acceptable to send deportees to.

In a ruling last month, the Supreme Court allowed the Trump administration to move forward with removing eight men from different nationalities to South Sudan, which recently experienced a civil war. The U.S. State Department advises against traveling to the country.

Xinis asked Giles if Mexico, “at a minimum,” would be a country Abrego Garcia could be removed to.

Giles said that was possible.

Rand asked if South Sudan was a possibility.

Giles said that “we have removed people to South Sudan.”

Rand then asked Giles multiple times which path the Trump administration was considering for Abrego Garica, either deportation to a third country, or trying to remove the 2019 bar on removal to El Salvador.

“Do you have any actual knowledge of which one of these tracks Mr. Abrego Garcia might be put on next Wednesday?” Rand asked.

Giles said because Abrego Garcia is not in ICE custody, a discussion on the options for his removal is not happening. He said those determinations will be made once Abrego Garcia is in ICE detention.

Giles added that it’s also unclear where Abrego Garcia will be held in ICE detention, as it’s based on available bed space, meaning Abrego Garcia could be transferred anywhere in the U.S.

Prison officers stand guard at a cell block at the Salvadoran mega-prison Centro de Confinamiento del Terrorismo, or CECOT, on April 4, 2025. (Photo by Alex Peña/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, who was wrongly deported in March to a notorious mega-prison in El Salvador, endured “severe beatings, severe sleep deprivation, inadequate nutrition, and psychological torture” while there, his attorneys wrote in a late Wednesday filing.

The filing, an amended complaint to the District Court of Maryland, provides the first disturbing details of what Abrego Garcia experienced at Centro de Confinamiento del Terrorismo, or CECOT.

His wrongful deportation has become the most high-profile example of the conflict between the Trump administration’s aggressive mass deportations campaign and the judiciary’s call for the due process rights of immigrants.

The allegations of torture also raise questions about the U.S. State Department’s payment to El Salvador of up to $15 million to detain about 300 immigrant men at CECOT, a possible violation of the human rights law known as the Leahy Law.

The law bars State’s financial support of “units of foreign security forces” — such as military and law enforcement staff in prisons —  facing credible allegations of gross human rights violations.

Hit with batons, forced to kneel for hours

When Abrego Garcia first arrived to CECOT, he was told by a prison official, “Welcome to CECOT. Whoever enters here doesn’t leave,” according to the filing from lawyers with Quinn Emmanuel, the firm representing Abrego Garcia in his immigration case.

Abrego Garcia was later kicked, hit with wooden batons and beaten by Salvadoran guards on his first day at CECOT on March 15, according to the new filing.

“By the following day, Plaintiff Abrego Garcia had visible bruises and lumps all over his body,” according to the complaint.

While in a cell, Abrego Garcia and 20 other incarcerated Salvadorans were forced to kneel from 9 p.m. to 6 a.m. and guards would strike “anyone who fell from exhaustion,” according to the filing. During that time, Abrego Garcia was denied access to a bathroom and soiled himself.

“The detainees were confined to metal bunks with no mattresses in an overcrowded cell with no windows, bright lights that remained on 24 hours a day, and minimal access to sanitation,” according to the complaint.

At CECOT, the guards would threaten to put Abrego Garcia in cells with gang members “who, they assured him, would ‘tear’  him apart,” according to the filing. Abrego Garcia’s lawyers have denied he is a gang member.

During his first two weeks at CECOT, Abrego Garcia’s health deteriorated, and he lost 31 pounds, his attorneys said.

Transfers to two more facilities

On April 9, Abrego Garcia and four others were transferred to a different sector in CECOT, “where they were photographed with mattresses and better food—photos that appeared to be staged to document improved conditions,” according to his attorneys.

Around April 10, he was later transferred alone to a separate prison facility in Santa Ana, El Salvador. On April 10, the U.S. Supreme Court ruled that the Trump administration must “facilitate” the return of Abrego Garcia — who had deportation protections from his home country of El Salvador since 2019.

But for months, the Trump administration has argued that Abrego Garcia is in the custody of El Salvador, and the United States could not force El Salvador to return him.

At the new location, Abrego Garcia “was frequently hidden from visitors, being told to remain in a separate room whenever outside visitors came to the facility,” according to the filing.

“During his entire time in detention in El Salvador, Plaintiff Abrego Garcia was denied any communication with his family and access to counsel until Senator (Chris) Van Hollen visited him on April 17, 2025,” according to the brief.

The Maryland Democrat traveled to El Salvador in an effort to bring back Abrego Garcia, who is a longtime Maryland resident.

Criminal charges

While Abrego Garica was returned to the U.S. last month, it was to face federal criminal charges lodged in Tennessee while he was detained in El Salvador. His attorneys have denied the charges of human smuggling and say they are nothing more than the Trump administration trying to save face.

Abrego Garcia’s criminal case is being handled out of a Tennessee court and he’s being kept in jail due to fears Immigration and Customs Enforcement officers will deport him.

Department of Justice attorneys stated in the District Court of Maryland last week that the Trump administration plans to remove Abrego Garcia to a third country, but said the move was not immediate.

Attorneys for Abrego Garcia are trying to move forward with discovery to determine if the Trump administration flouted the district court’s order and the Supreme Court’s order in refusing to return Abrego Garcia to the U.S. after the Trump administration admitted his deportation was a mistake.

“Defendants’ disdain for the law and legal process, and their cruelty, shocks the conscience and demands immediate, sustained, judicial relief and oversight,” according to the complaint. “It also marks a profound constitutional crisis in which executive agencies have repeatedly and deliberately flouted the authority of multiple federal courts—including the Supreme Court itself.”

“This defiance undermines the foundational principles of our constitutional system by eroding the checks and balances and rule of law that protect individual liberty from government overreach,” the attorneys continued. 

Sen. Chris Van Hollen, D-Md., right, meets with Kilmar Abrego Garcia, the Maryland resident who was erroneously deported to El Salvador by the U.S. government. (Photo courtesy Van Hollen's office)

WASHINGTON — Attorneys for Kilmar Abrego Garcia, the wrongly deported Maryland man who has now been returned to the United States, are pushing to keep his civil case open in pursuit of sanctions against the Trump administration for refusing to comply with a U.S. Supreme Court order to facilitate his return.

“Until the Government is held accountable for its blatant, willful, and persistent violations of court orders at excruciating cost to Abrego Garcia and his family, this case is not over,” according to the brief by Abrego Garcia’s attorneys filed Sunday.

“The executive branch’s wanton disregard for the judicial branch has left a stain on the Constitution,” they wrote. “If there is to be any hope of removing that stain, it must start by shining a light on the improper actions of the Government in this tragic affair and imposing meaningful remedies.”

The Trump administration on Friday moved to dismiss the civil suit filed in federal district court in Maryland, arguing it is moot after Abrego Garica landed in the U.S. to face criminal charges for “alien smuggling.”

A May 21 two-count Tennessee grand jury indictment, unsealed Friday, accused Abrego Garcia of conspiracy to unlawfully transport undocumented people for profit and the unlawful transportation of undocumented people between 2016 and 2025. The indictment also accused him of being a member of the MS-13 gang.

His attorneys have disputed those charges.

Department of Justice lawyers also moved to deny Abrego Garcia bond, on the grounds that he is a flight risk and poses a danger to the community.

If convicted, Abrego Garcia could face up to 10 years in prison for each undocumented person transported.

“Accordingly, the sentencing exposure for the defendant – given the number of undocumented aliens involved – goes well beyond the remainder of the defendant’s life,” Robert E. McGuire, acting U.S. attorney for the Middle District of Tennessee, wrote.

Deported to CECOT

The civil suit was brought by Abrego Garcia’s family after he was arrested by immigration officials in March and swiftly put on a deportation plane to a notorious mega-prison in El Salvador, despite having protections against removal to his home country since 2019.

Abrego Garcia’s arrest in March was not due to any criminal charges, but he was informed his immigration status had changed. The Trump administration has admitted his initial deportation to the brutal CECOT prison was an “administrative error,” but has maintained Abrego Garcia was in the custody of El Salvador and could not be brought back.

Trump officials, including President Donald Trump, repeatedly said that Abrego Garica would not return to the U.S. and the president seemed upset with the news of his return on Friday.

“He should have never had to be returned,” Trump said in a gaggle with reporters on Air Force One Friday night. “It’s a disaster.”

On Friday, Attorney General Pam Bondi thanked El Salvador President Nayib Bukele after the Trump administration presented an arrest warrant for Abrego Garcia.

‘Determined stalling campaign’

The Trump administration argued that because Abrego Garcia was brought back to the U.S. on Friday, the civil case is moot.

But his attorneys argue that Abrego Garcia was not brought back to Maryland due to court orders – even as high as the Supreme Court – but “rather to Tennessee so that he could be charged with a crime in a case that the Government only developed while it was under threat of sanctions.”

“Two things are now crystal clear. First, the Government has always had the ability to return Abrego Garcia, but it has simply refused to do so,” according to the brief. “Second, the Government has conducted a determined stalling campaign to stave off contempt sanctions long enough to concoct a politically face-saving exit from its own predicament.”

Maryland District Court Judge Paula Xinis, who has handled the high-profile case since March, has granted Abrego Garcia’s attorneys until Wednesday to file their request for sanctions against the Trump administration.

Abrego Garcia’s attorneys said they want to push forward with discovery documents because they “are finally on the verge of securing answers from knowledgeable officials about what the Government actually did or did not do to facilitate Abrego Garcia’s return.”

Abrego Garcia will be arraigned before a federal court in Nashville on Friday.

A protester holds a photo of Maryland man Kilmar Abrego Garcia as demonstrators gather to protest against the deportation of immigrants to El Salvador outside the Permanent Mission of El Salvador to the United Nations on April 24, 2025. (Photo by Michael M. Santiago/Getty Images)

WASHINGTON — Kilmar Abrego Garcia, a Maryland man wrongly deported to his native El Salvador three months ago, was brought back to the U.S. on Friday and will face federal charges, U.S. Attorney General Pam Bondi said.

Abrego Garcia’s case had become a flashpoint in a debate over what due process rights protect immigrants from deportation after federal officials conceded he was sent to a notorious El Salvador mega-prison because of an administrative error. 

Still, President Donald Trump, El Salvador President Nayib Bukele, Bondi and other administration officials said for months Abrego Garcia could not be released because of criminal conduct they had not publicly produced evidence of.

In a gaggle with reporters on Air Force One Friday night, Trump declined to say whether it was his decision to bring Abrego Garcia back to the U.S., according to White House pool reports.

“He should have never had to be returned,” Trump said. “It’s a disaster.”

Bondi said Friday a federal warrant for Abrego Garcia’s arrest on human trafficking charges compelled his release from the Salvadoran prison system.

“Abrego Garcia has landed in the United States to face justice,” Bondi said at a Department of Justice news conference Friday afternoon. “He was a smuggler of humans and women and children.”

The 10-page indictment filed in the Middle District of Tennessee comes after a federal grand jury indicted him on May 21 for allegedly transporting migrants in the U.S. without legal authorization within the country.

Chris Newman, an attorney representing the Abrego Garcia family said at a virtual press event Friday that he remained skeptical of the federal charges lodged at Abrego Garcia.

“I can tell you that we should all treat whatever charges that are being leveled against him with a high degree of suspicion,” Newman said. “We should make sure that he gets a fair (trial) in court because he’s clearly not getting a fair hearing in the court of public opinion.”

Bondi did not detail when the investigation into Abrego Garcia began, but said the federal indictment charges contained “recently found facts.”

“This is what American justice looks like upon completion of his sentence, we anticipate he will be returned to his home country of El Salvador,” Bondi said.

WKRN in Nashville said Abrego Garcia’s arraignment has been scheduled for 10 a.m. Friday. 

Outcry over due process

Abrego Garcia’s wrongful deportation to the notorious mega-prison Centro de Confinamiento del Terrorismo, or CECOT, drew national outcry as the Trump administration clashed with a federal court that ordered the return of the Beltsville man and resisted the U.S. Supreme Court’s order to “facilitate” his return.

Despite the orders, Trump administration officials did not appear to take any public steps to secure Abrego Garcia’s release, and at times seemed to relish their defiance of the courts.

Bondi thanked El Salvador’s government Friday for releasing Abrego Garcia in compliance with the warrant.

The Trump administration has argued in federal court in Maryland for months that Abrego Garcia is in the custody of El Salvador and therefore cannot be returned, despite a $15 million agreement between the U.S. and the Salvadoran government to keep roughly 300 men removed from the U.S. and detained at CECOT. Abrego Garcia had been moved to a different El Salvador prison prior to his release.

Abrego Gacia had deportation protections to his home country of El Salvador since 2019.

He was pulled over by U.S. Immigration and Customs Enforcement agents in March and informed that his immigration status had changed. He was later placed on one of three deportation flights on March 15 to CECOT.

The Trump administration admitted his removal was an “administrative error” but has since alleged that Abrego Garcia was a leader in the MS-13 gang without producing evidence in the federal civil court overseeing the suit challenging his removal.

Maryland U.S. Sen. Chris Van Hollen, who traveled to El Salvador to press for Abrego Garcia’s release and return to the U.S., welcomed the news as a victory for due process rights.

“As I have repeatedly said, this is not about the man, it’s about his constitutional rights – and the rights of all,” the Maryland Democrat said in a statement. “The Administration will now have to make its case in the court of law, as it should have all along.”

William J. Ford contributed to this report.