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 on March 26, 2025 in Tecoluca, El Salvador.  (Photo by Alex Brandon-Pool/Getty Images)

WASHINGTON — The Trump administration paid El Salvador $4.76 million to detain up to 300 immigrant men for up to a year at a notorious mega-prison and barred the funds from being used to help asylum seekers, reproductive care or diversity initiatives, according to a court document filed Tuesday. 

It’s the first time the financial agreement has been made public after the White House initially said the deal amounted to $6 million. 

The payments were part of the Trump administration’s aggressive immigration crackdown and decision to invoke a wartime law to remove Venezuelan nationals. 

The four-page agreement between the United States and El Salvador verifies that the funds came out of the State Department’s Bureau of International Narcotics and Law, which gives financial assistance to security forces and is subject to a human rights law known as the Leahy Law. 

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

“The purpose of this grant is to provide funds to be used by the Salvadoran law enforcement and corrections agencies for its law enforcement needs, which includes costs associated with detaining the 238 TdA members recently deported to El Salvador,” according to the agreement.

Those who drafted the law raised concerns that those payments violated human rights laws, as more than 250 Venezuelan men were removed from the U.S. to the brutal prison, Centro de Confinamiento del Terrorismo, or CECOT, despite a federal judge’s order barring such action.

Congressional Democrats have asked Secretary of State Marco Rubio and the White House for a copy of the financial agreement for months, over concerns the funds were being used in violation of human rights. 

March flight to El Salvador

On March 15, the Trump administration sent 238 men to CECOT, after invoking the Alien Enemies Act of 1798 to apply to Venezuelan nationals 14 and older who are suspected members of the gang Tren de Aragua. 

The agreement, dated March 22, noted the men could be detained up to a year. 

It also bars any of the $4.76 million to be used to help asylum seekers seek legal counsel for the U.S. asylum process, for access to abortion, funds for the United Nations Relief and Works Agency that provides humanitarian assistance to Palestinians or for programs that promote diversity, equity and inclusion.

The men were released back to Venezuela as part of a prison swap in July, but they remained at CECOT for four months. Some of those detained, including Kilmar Abrego Garica, of Maryland, whose mistaken deportation captured national attention, detailed psychological and physical torture. 

No protection from torture

The document was obtained through a lawsuit by Democracy Forward, which specifically argued the financial agreement between El Salvador and the U.S. “was created without any legal basis.” 

“The correspondence between the U.S. State Department and El Salvador confirms what we have long suspected: the Trump-Vance administration did nothing to meaningfully ensure that individuals disappeared from the U.S. to El Salvador’s notorious CECOT prison were protected from torture, indefinite confinement, or other abuses,” Skye Perryman, president and CEO of Democracy Forward, said in a statement. “The agreement did, however, go to lengths to ensure that the funds the U.S. provided to El Salvador not be used to provide reproductive health care or to assist asylum seekers in accessing resources and counsel.”  

That case is being overseen by District of Columbia Judge James Boasberg, who also ordered the Trump administration to turn around planes carrying men removed under the wartime law. Instead, the planes landed in El Salvador.