PRINCIPLE

November 26, 2025

DOJ admits DHS Secretary Noem personally decided to deport Venezuelan detainees to El Salvador's CECOT prison

Noem's personal decision to send migrants to foreign prison represents unprecedented departure from standard deportation procedures

On Nov. 26, 2025, the Department of Justice admitted DHS Secretary Kristi Noem personally decided to deport Venezuelan immigration detainees to CECOT, El Salvador's notorious maximum-security prison built to house gang members.

CECOT (Center for the Confinement of Terrorism) was designed by El Salvador's President Nayib Bukele for gang members and has drawn international human rights criticism.

The admission came during legal proceedings challenging the deportations. Immigration detainees are typically deported to their home countries, not third countries.

The policy represents a departure from standard immigration enforcement procedures. Questions remain about legal authority for sending US immigration detainees to foreign prisons and conditions at CECOT.

The Department of Justice admitted on Nov. 26, 2025, that DHS Secretary Kristi NoemKristi Noem personally decided to deport Venezuelan immigration detainees to CECOT, El Salvador's maximum-security prison. The admission came during legal proceedings challenging the deportations. CECOT (Center for the Confinement of Terrorism) was designed by El Salvador President Nayib BukeleNayib Bukele to house gang members.

CECOT has drawn international human rights criticism for conditions. Immigration detainees are typically deported to their home countries, not third countries. The policy departs from standard immigration enforcement procedures. Venezuelan detainees were sent to El Salvador, not Venezuela. DOJ confirmed Noem made the decision without providing legal justification.

CECOT holds accused gang members in El Salvador's crackdown on MS-13 and other gangs. The facility gained notoriety for harsh conditions and mass incarceration. Sending US immigration detainees to foreign prisons represents unprecedented deportation practice. Legal questions remain about authority to deport US detainees to third-country prisons.

🛂Immigration⚖️Justice🌍Foreign Policy

People, bills, and sources

What You Can Do

1

civic action

File a FOIA request with DHS for the legal justification behind deporting Venezuelan detainees to El Salvador's CECOT prison

Use the Freedom of Information Act to force DHS to disclose internal memos, legal opinions, and agreements that authorized third-country prison transfers

foia@hq.dhs.gov
www.dhs.gov/foia

Key points to include in your FOIA request form or letter:

Opening statement: I'm submitting a Freedom of Information Act request for records that explain the legal authority and decision-making process behind deporting Venezuelan detainees from U.S. custody to El Salvador's CECOT prison.

Data points to mention:

  • News reports and DOJ statements say DHS Secretary Noem personally approved transfers of Venezuelan detainees to CECOT, a high-security prison in El Salvador.
  • Human rights investigators and journalists have documented severe overcrowding, abuse, and due process concerns at CECOT.
  • The transfers involve moving people from U.S. custody to a third country with a very different legal system and prison conditions.

Impact explanation: These deportations raise serious questions about U.S. obligations under refugee law, anti-torture agreements, and basic due process. People who sought protection in the United States may be sent to a foreign prison where they face abuse or indefinite detention with little legal recourse.

Questions to ask in the FOIA request:

  • What statutes, regulations, or legal opinions did DHS rely on to authorize transferring detainees from U.S. custody to a foreign prison facility in El Salvador?
  • Did DHS conduct any human rights or conditions-of-confinement review of CECOT before approving these transfers, and if so, what did those reviews conclude?
  • What agreements or memoranda of understanding exist between DHS and Salvadoran authorities regarding the transfer, custody, and treatment of Venezuelan detainees at CECOT?

Specific request: I request copies of all legal memoranda, policy directives, interagency correspondence, and agreements from January 1, 2025 to the present that authorize or describe deportations of Venezuelan detainees from U.S. custody to El Salvador's CECOT prison.

2

civic action

Email your members of Congress about DHS deportations to El Salvador's CECOT prison

Send a formal email demanding oversight of why Venezuelan detainees are being sent to a third-country prison known for human rights abuses

Subject: Oversight of DHS deportations to El Salvador's CECOT prison

Dear [Representative/Senator Name],

I'm writing to demand immediate Congressional oversight into reports that DHS Secretary Noem has personally approved deporting Venezuelan detainees to the CECOT prison in El Salvador.

Key concerns:

  • These transfers involve moving people from U.S. custody to a third country where they have no citizenship, specifically to a high-security prison.
  • Human rights monitors have documented severe overcrowding and due process violations at CECOT.
  • This action appears to bypass standard removal proceedings and raises serious questions about U.S. obligations under international anti-torture agreements.

My request: Please support committee investigations and demand that DHS provide the legal justification for these third-country prison transfers. We need to know if U.S. taxpayer money is funding these transfers and what agreements exist with the Salvadoran government.

Thank you for upholding our commitment to the rule of law.

How to find your representative:

  • If you're using the Principle app, open the Representatives section to see who currently represents your district and state.
  • If you don't see your representatives there, you can:
    • Find your House member at house.gov/representatives/find-your-representative
    • Find your Senators at senate.gov/senators