UN human rights experts have issued a statement expressing their alarm over what they describe as the unlawful deportation of immigrants from the United States to El Salvador. In their statement, the experts assert that over 250 individuals, primarily Venezuelan and Salvadoran men allegedly linked to gangs, have been deported under the aegis of the Alien Enemies Act of 1798. This act, according to the experts, has been inappropriately utilized by the Trump Administration, bypassing essential legal processes, such as due process, independent reviews, and court access.
These deportation practices are said to contravene international legal statutes, notably Article 3 of the UN Convention against Torture, which prevents member states from deporting individuals if there is a substantial risk of torture in their destination country. Additionally, Article 16 of the International Convention for the Protection of All Persons from Enforced Disappearance similarly prohibits deportations that could result in enforced disappearances. These conventions underpin the internationally recognized principle of non-refoulement.
The UN’s concerns are compounded by the dire state of El Salvador’s prisons, where reports indicate instances of fatal violence, torture, and enforced disappearances. Human Rights Watch has surfaced evidence pertaining to the grim realities faced by deportees, further confirming the UN experts’ apprehensions. In a recent declaration, HRW highlighted critical issues such as overcrowding, abuse, and inadequate communication with the outside world.
Moreover, the ability of deportees to secure legal representation and judicial review in El Salvador remains inadequate, a situation exacerbated by the refusal of both the US and El Salvador to cooperate in returning wrongfully deported individuals. Addressing these issues, UN experts have urged the United States to halt summary deportations and ensure adherence to both domestic immigration laws and international human rights obligations. For a more detailed account, the original report can be accessed here.