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.