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indefinite detention
Abrego García’s Detention Opened a Window Into El Salvador’s Obscure Prison System
The basic rights Abrego has been denied in El Salvador—including to communicate with his family—are a stark reminder of the plight of thousands of Salvadorans.
May 18, 2025
After mounting pressure, on April 17 U.S. Democratic Sen. Chris Van Hollen met with Kilmar Abrego García, 29, a Maryland man wrongfully deported to El Salvador on March 15 by the Trump administration. Abrego García was granted a rare opportunity to speak with someone outside of prison—in this case, a U.S. senator.
But Since Salvadoran authorities suspended some due process rights in March 2022, security forces have detained more than 85,000 people—often without warrants, access to legal counsel, or any meaningful opportunity to challenge their detention. My organization has interviewed dozens of people who have gone months or even years without being able to communicate with their loved ones in prison or access information about their whereabouts, the status of legal proceedings, or their well-being.
“Every week I went, and every week I left crying,” the mother of a 24-year-old domestic worker told us, about her visits to government offices to seek information. Her daughter was detained in April 2022, as she slept beside her 4-year-old daughter. Officers entered their home without a warrant, citing “presidential orders.” They took her first to a police station and then to the women’s prison.
When Van Hollen met with Abrego García, he came face-to-face with the harsh reality that tens of thousands of Salvadoran families have endured for months—even years.
She was later charged with “unlawful association,” a vague offense frequently used to hold people detained in El Salvador. When her mother attempted to submit documents to show her daughter was not a gang member, including employment papers, a public defender told her they were “useless.” The public defender did not give her any answers, alleging, as she recalls, that “sharing information with families of detainees is prohibited.”
The mother has been forced to piece together information from multiple sources, including calls from people who said they had been detained with her daughter, and rumors in WhatsApp and Facebook groups created by relatives of people detained. She learned, for example, in September 2023, that her daughter had a hernia, causing her to vomit frequently. Sixteen months later, she learned that her daughter had been hospitalized briefly, for a medical checkup. She does not know what her health status is.
The relatives of a 61-year-old civil engineer, who was detained in June 2022, told us a similar story. He has multiple serious health conditions—including diabetes, glaucoma, neuropathy, hypertension, and other chronic illnesses. Yet his family does not know if he is receiving the medical attention he needs, including daily refrigerated insulin—something detainees in El Salvador rarely obtain.
He was detained at a police unit in San Salvador, then transferred in September 2023 to a prison. Since then, his family has only been able to see him once, very briefly, in June 2024. They saw him then from afar, handcuffed and escorted into a courtroom, where he appeared visibly weakened.
His lawyer has asked repeatedly that he be sent to house arrest to receive adequate medical treatment, to no avail.
This regime of extreme incommunicado detention has also allowed corruption to thrive. As the investigative news outlet El Faro recently exposed, many relatives have paid bribes to be able to exercise a basic right: to communicate with their detained loved ones.
Yet many, often from vulnerable neighborhoods in El Salvador, are unable to pay. Many told us that the most they can do is take a bag with basic items, such as food, medicine, and clothes, to prison. They spend a significant amount of their income and time to do so, often fearing that their relatives will never receive the goods.
Thanks to outside pressure, Abrego García was not only able to speak to a U.S. senator but also to be transferred out of the draconian Center for Confinement of Terrorism (CECOT), where thousands of the detainees are being held.
These positive steps are clearly insufficient: Abrego García should be sent back to the United States. But the basic rights Abrego has been denied in El Salvador—including to communicate with his family—are a stark reminder of the plight of thousands of Salvadorans who have seen their loved ones completely cut off from the outside world for months or even years.
When Van Hollen met with Abrego García, he came face-to-face with the harsh reality that tens of thousands of Salvadoran families have endured for months—even years. A prison system cut off from the rest of the world where the lives of detainees remain in limbo and families are left in anguish, endlessly searching for answers.
“I wish I could be a bird and fly into the prison just to see how my daughter is,” one of their relatives said.
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Close Guantánamo Permanently to Prevent It Being Used for Further Human Rights Abuses
The mass deportation and detention of asylum-seekers is not only unlawful but cruel—and not a real immigration solution.
Feb 23, 2025
In a deeply disturbing and unprecedented move, the U.S. has begun transferring immigrant detainees to Guantánamo Bay, Cuba. They’re being held without access to their lawyers and families.
President Donald Trump has ordered up to 30,000 “high-priority” migrants to be imprisoned there as part of his larger mass deportation and detention campaign.
Trump claims these migrants are the “worst criminal aliens threatening the American people.” But recent investigations of those detainees have already challenged this narrative. And a large percentage of immigrants arrested in the U.S. have no criminal record.
We should also shut down the “War on Terror” prison at Guantánamo once and for all—and pursue accountability for its decades of abuses. Otherwise, it will only continue to expand.
Unfortunately, this isn’t the first time our government has invoked “national security” to deny marginalized communities their basic human rights. President George W. Bush created the infamous military prison at Guantánamo during the “War on Terror” to hold what his administration called the “worst of the worst.”
The prison has since become synonymous with indefinite detention—15 people still remain there today, over 20 years later. Notorious for its brutality and lawlessness, Guantánamo should be shut down, not expanded.
Of the 780 Muslim men and boys imprisoned there since January 2002, the vast majority have been held without charge or trial. Most were abducted and sold to the U.S. for bounty and “had no relationship whatsoever with the events that took place on 9/11,” reported the United Nation’s independent expert in 2023, who reiterated the global call to close Guantánamo.
The Bush administration designed the prison to circumvent the Constitution and the 1949 Geneva Conventions, refusing to treat the prisoners as either POWs or civilians. This legal fiction resulted in a range of human rights violations, including torture.
But the Constitution—and international law—still applies wherever the U.S. government operates. All prisoners, including immigrants, are still entitled to humane treatment, legal counsel, and due process.
“Never before have people been taken from U.S. soil and sent to Guantánamo, and then denied access to lawyers and the outside world,” said Lee Gelernt, the lead attorney in the ACLU case challenging Trump’s executive order.
However, the U.S. does have a sordid history of detaining migrants captured elsewhere at the base. As legal scholar Jeffrey S. Kahn points out, the U.S. has detained Haitians at Guantánamo on and off since the 1970s.
In the 1990s, thousands of Haitian refugees fleeing persecution following a military coup were captured at sea. The U.S. held them in horrific conditions at Guantánamo so they couldn’t reach U.S. shores to seek asylum—which is a fundamental human right long enshrined under U.S. law.
Shrouded in secrecy, the U.S. continues to capture and detain asylum-seekers fleeing Haiti, Cuba, and other Caribbean countries at Guantánamo. Last fall, the International Refugee Assistance Project reported that refugee families are kept in a dilapidated building with mold and sewage problems, suffer from a lack of medical care, and are “detained indefinitely in prison-like conditions without access to the outside world.”
Trump’s order would take these abuses to a horrifying new level.
Currently, the base’s existing immigration detention facility can hold up 120 people. Expanding it to 30,000 will require enormous resources. The “War on Terror” prison at Guantánamo already costs an estimated $540 million annually, making it one of the most expensive prisons in the world.
Then there are the moral costs.
The mass deportation and detention of asylum-seekers is not only unlawful but cruel—and not a real immigration solution. Instead, our government should prioritize meaningful immigration reform that recognizes the dignity of all people.
We should also shut down the “War on Terror” prison at Guantánamo once and for all—and pursue accountability for its decades of abuses. Otherwise, it will only continue to expand. “I can attest to the facility’s capacity for cruelty,” warned Mansoor Adayfi, who was subjected to torture and endured nearly 15 years at the prison.
Guantánamo’s legacy of injustice must end.
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'Moral Crisis for This Nation': Trump Sued Over Access to Gitmo Prisoners Held 'Illegally' Offshore
“Our Constitution does not allow the government to hold people incommunicado, without any ability to speak to counsel or the outside world."
Feb 13, 2025
A coalition of civil liberties and immigrant rights groups have sued the Trump administration for detaining migrants incommunicado at the offshore prison camp in Guantánamo Bay, Cuba, after they were initially taken into custody in the United States.
The lawsuit—filed Wednesday in federal court by the ACLU, Center for Constitutional Rights (CCR), International Refugee Assistance Project (IRAP), and ACLU of the District of Columbia—was brought on behalf of several plaintiffs, including the sister of a Venezuelan man being held at the facility. It demands that all those being detained have immediate access to legal assistance.
According to the groups, the administration "has provided virtually no information about immigrants newly detained at Guantánamo, including how long they will be held there, under what authority and conditions, subject to what legal processes, or whether they will have any means of communicating with their families and attorneys."
“Our country must not create a shadow system of indefinite detention, stripping noncitizens of their legal protections simply by transferring them offshore."
After pictures emerged last week of the first batch of prisoners shipped to the island and a large tent city that has been erected at Gitmo since President Donald Trump took office less than four weeks ago, fears over what the administration has in store for the facility have only grown.
On Sunday, a federal judge blocked the transfer of three men, currently held in New Mexico, to the island prison complex, but that order only pertained to those specific individuals. The individuals already transferred to Gitmo have yet to be identified by the administration, according to the right groups, or given access to outside legal assistance.
"By hurrying immigrants off to a remote island cut off from lawyers, family, and the rest of the world, the Trump administration is sending its clearest signal yet that the rule of law means nothing to it. It will now be up to the courts to ensure that immigrants cannot be warehoused on offshore islands," Lee Gelernt, deputy director of the ACLU's Immigrants' Rights Project, said in a Wednesday statement announcing the lawsuit.
Deepa Alagesan, senior supervising attorney at IRAP, said, "Secretly transferring people from the United States to Guantánamo without access to legal representation or the outside world is not only illegal, it is a moral crisis for this nation."
In an interview with the New York Times published Tuesday, Yajaira Castillo, who lives in Colombia, said she only realized her brother, Luis Alberto Castillo of Venezuela, was among those detained at Gitmo because she spotted him in photos posted on social media by Kristi Noem, the secretary of homeland security, who visited the island Friday.
"My brother is not a criminal," said Castillo. “This is all discrimination and xenophobia, just because he's Venezuelan.”
Eucaris Carolina Gomez Lugo, a plaintiff in the suit filed Wednesday, has a similar story: she only discovered her brother was in detention after photos of him in shackles were spotted.
While the administration has claimed those migrants sent to Gitmo are the "worst of the worst," they have presented no evidence to back up these claims, and the relatives of those who have come forward, like Castillo, say they are completely fraudulent. Castillo shared details and documentation about her brother's asylum claim efforts with the Times.
"Detaining immigrants at Guantánamo Bay without access to legal counsel or basic due process protections is a grave violation of their rights and an alarming abuse of government power," said Rebecca Lightsey, co-executive director of American Gateways. "Our country must not create a shadow system of indefinite detention, stripping noncitizens of their legal protections simply by transferring them offshore."
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