SAN SALVADOR: The US government used an 18th-century wartime law to deport more than 200 Venezuelan immigrants to El Salvador, where they were immediately transferred to the country’s maximum-security gang prison.
And while a federal judge in Washington tries to determine whether the US government defied his order to return the migrants while they were in the air and insists that they must get an opportunity to challenge their designations as alleged members of a notorious gang, there has been no word from El Salvador’s president or judiciary about what the prisoners’ legal status is in that country.
That may change soon. On Monday, lawyers hired by the Venezuelan government took legal action on behalf of the Venezuelan prisoners seeking their release from the prison, which US Homeland Security Secretary Kristi Noem is scheduled to visit Wednesday.
The US says the Venezuelans were members of the Tren de Aragua gang, a criminal organization that US President Donald Trump declared an invading force, but has provided no evidence of their alleged membership. The Alien Enemies Act allows noncitizens to be deported without the opportunity to go before an immigration or federal court judge.
El Salvador hasn’t had diplomatic relations with Venezuela since 2019, so the Venezuelans imprisoned there do not have any consular support from their government either.
Even Salvadoran citizens have been living under a state of emergency that has suspended fundamental rights since 2022 and the country’s judiciary is not considered independent. All of which raises questions about the prisoners’ legal future in El Salvador.
What has El Salvador’s government said about the prisoners’ status in the country?
Nothing.
President Nayib Bukele announced Sunday that the United States had sent what he called “238 members of the Venezuelan criminal organization Tren de Aragua” to El Salvador and they were immediately sent to its maximum security gang prison. The US government would pay an annual fee for their incarceration, Bukele wrote in a post on X.
El Salvador’s Attorney General’s Office and Presidential Commissioner for Human Rights and Freedom of Expression did not respond to requests for comment about the status of the Venezuelan prisoners.
What do El Salvador’s laws say about the status of these prisoners?
Lawyer David Morales, legal director for the nongovernmental organization Cristosal, said there was no legal basis for the Venezuelans’ imprisonment in El Salvador. He said he knew of no Salvadoran law or international treaty that would support their imprisonment.
“They are illegal detentions because they haven’t been submitted to the jurisdiction of a Salvadoran judge, nor have they been prosecuted or convicted in El Salvador,” he said. As such, their imprisonment here is “arbitrary.”
He said El Salvador’s prosecutor’s office for human rights would have the authority to intervene, because it has a broad mandate when it comes to prisoners, “but we already know that it’s not playing its role because it is dominated, subjected to political power.”
What are lawyers doing?
Lawyers hired by the Venezuelan government filed a legal action Monday in El Salvador aimed at freeing 238 Venezuelans deported by the United States who are being held in a Salvadoran maximum-security prison.
Jaime Ortega, who says he represents 30 of the imprisoned Venezuelans, said his firm filed the habeas corpus petition with the Supreme Court’s Constitutional Chamber. He said that by extension they requested that it be applied to all Venezuelans detained in El Salvador.
Before it was filed, constitutional lawyer Enrique Anaya had suggested human rights organizations and the prisoners’ families should file habeas corpus petitions, essentially compelling the government to prove someone’s detention was justified “as a mechanism to denounce (the situation) as well as to pressure” the government.
Still, Anaya said the lack of judicial independence in El Salvador made success unlikely. Bukele’s party removed the justices of the Supreme Court’s Constitutional chamber in 2021 and replaced them with judges seen as more amenable to the administration.
“Who is going to decide these people’s freedom, US judges, Salvadoran judges?” Anaya asked. The habeas corpus petitions could at least “show the illegitimacy of this vacuum.”
How hard is it for Salvadorans to get out of prisons there?
El Salvador has lived under a state of emergency since March 2022, when Congress granted Bukele extraordinary powers to fight the country’s powerful street gangs.
Since then, some 84,000 people have been arrested, accused of gang ties. The state of emergency has allowed authorities to act without basic protections like access to a lawyer or even being told why they’re being arrested. They can be held for 15 days without seeing a judge.
Homicides have plummeted in El Salvador and the improved security has fueled Bukele’s popularity.
But while Bukele has said some 8,000 of those arrested have been freed for lack of evidence, many more have found no way out.
Last year, the Due Process Foundation published a report showing that the Constitutional Chamber of the Supreme Court had “systematically” rejected more than 6,000 habeas corpus petitions made by families of people arrested under the state of emergency.
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Venezuelan migrants deported by the US ended up in a Salvadoran prison. This is their legal status
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Venezuelan migrants deported by the US ended up in a Salvadoran prison. This is their legal status
- El Salvador hasn’t had diplomatic relations with Venezuela since 2019
- So the Venezuelans imprisoned there do not have any consular support from their government either
Former Bolivian President Arce arrested in corruption investigation a month after leaving office
LA PAZ: Bolivian law enforcement officials on Wednesday arrested former President Luis Arce as part of a corruption investigation, opening an uncertain chapter in the country’s politics a month after the inauguration of conservative President Rodrigo Paz ended 20 years of socialist rule.
A senior official in Paz’s government, Marco Antonio Oviedo, told reporters that Arce had been arrested on charges of breach of duty and financial misconduct related to the alleged embezzlement of public funds during his stint as economy minister in the government of charismatic former leader Evo Morales (2006-2019).
A special police force dedicated to fighting corruption confirmed to The Associated Press that Arce was in custody at the unit’s headquarters in Bolivia’s capital of La Paz.
Officials described Arce’s arrest as proof of the new government’s commitment to fighting graft at the highest levels in fulfillment of its flagship campaign promise.
“It is the decision of this government to fight corruption, and we will arrest all those responsible for this massive embezzlement,” Oviedo said.
But underlining the country’s polarization, Arce’s allies said his arrest was unjustified and smacked of political persecution.
Accusations of theft from a fund for rural peasants
Authorities accused Arce and other officials of diverting an estimated $700 million from a state-run fund dedicated to supporting the Indigenous people and peasant farmers who formed the backbone of Morales’ Movement Toward Socialism party. As Bolivia’s first Indigenous president, Morales transformed the country’s power structure and gave Indigenous peoplemore sway than ever.
Serving on the board of directors of the Indigenous Peasant Development Fund from 2006 to 2017, Arce was in charge of allocating funds to social development projects in rural areas. During that time, officials allege, Arce siphoned off some of that money for personal expenses.
“Arce was identified as the main person responsible for this vast economic damage,” said Oviedo.
Bolivia’s attorney general, Roger Mariaca, told local media that Arce had invoked his right to remain silent during police questioning.
He said Arce would remain in police custody overnight before being brought before a judge to determine whether he will remain detained pending trial. The charges against Arce carry a maximum sentence of 4-6 years in prison.
An ex-president allegedly grabbed from the street
Arce’s key ally and former government minister, Maria Nela Prada, insisted on the ex-president’s innocence and denounced the corruption scandal as a case of political persecution.
Although the prosecution said it issued an arrest warrant, she said Arce was not notified of the case before he was bundled into a minivan with tinted windows in an upscale La Paz neighborhood on Wednesday and brought in for interrogation.
Arce had been walking along the cafe-lined streets of Sopocachi after teaching an economics class at a major public university, Prada said, and managed to tell her of his arrest before losing communication. A police spokesperson did not immediately respond to a request for comment on that account of events.
“This is a total abuse of power,” Prada said, banging furiously on the doors of the police headquarters where Arce was being held.
Mariaca, the prosecutor, promised the case was about nothing more than tackling graft in Bolivia.
“This is not persecution, nor is it a political act,” he said.
Paz swept to victory in October elections on a wave of public outrage over the unmitigated shambles that Arce’s administration bequeathed its successors, including sky-high inflation, a shortage of fuel and empty state coffers.
Critical to his popularity was his running mate, the straight-talking, TikTok-savvy former police Capt. Edman Lara, who achieved celebrity status when he denounced high-ranking police officers for corruption.
Courts not neutral arbiters
Experts long have noted that Bolivia’s brittle institutional framework fosters corruption, and that its politicized judiciary often lets those in power off the hook — whether on the left or right of the political spectrum.
Morales, who guided the country through an era of economic growth and shrinking inequality before his fraught 2019 ouster, was accused of stacking the constitutional court and bending the laws to stay in power.
When he resigned in the wake of mass protests over his disputed reelection to a fourth term, the right-wing interim government that took over issued arrest warrants for Morales and his officials on charges ranging from terrorism to corruption.
Then Arce won the 2020 elections and went on to target his own political rivals.
Former interim president Jeanine Añez was sentenced to 10 years in prison on charges tied to her 2019 takeover and other right-wing opposition leaders landed in jail. Judges even went after Morales, Arce’s mentor-turned-rival, who remains hunkered down in Bolivia’s remote tropics evading an arrest warrant related to statutory rape.
Shifting political winds
With the pendulum now swinging back to the right, Añez and many of her allies have walked free from prison. President Paz has set to work undoing the leftist policies of Arce and Morales.
Celebrating Arce’s arrest on social media, Vice President Lara warned that the ex-president was just the first felled by what would become a wave of anti-corruption cases against former officials.
“Those who have stolen from this country will return every last cent,” Lara said, ending his message by wishing “death to the corrupt.”
A senior official in Paz’s government, Marco Antonio Oviedo, told reporters that Arce had been arrested on charges of breach of duty and financial misconduct related to the alleged embezzlement of public funds during his stint as economy minister in the government of charismatic former leader Evo Morales (2006-2019).
A special police force dedicated to fighting corruption confirmed to The Associated Press that Arce was in custody at the unit’s headquarters in Bolivia’s capital of La Paz.
Officials described Arce’s arrest as proof of the new government’s commitment to fighting graft at the highest levels in fulfillment of its flagship campaign promise.
“It is the decision of this government to fight corruption, and we will arrest all those responsible for this massive embezzlement,” Oviedo said.
But underlining the country’s polarization, Arce’s allies said his arrest was unjustified and smacked of political persecution.
Accusations of theft from a fund for rural peasants
Authorities accused Arce and other officials of diverting an estimated $700 million from a state-run fund dedicated to supporting the Indigenous people and peasant farmers who formed the backbone of Morales’ Movement Toward Socialism party. As Bolivia’s first Indigenous president, Morales transformed the country’s power structure and gave Indigenous peoplemore sway than ever.
Serving on the board of directors of the Indigenous Peasant Development Fund from 2006 to 2017, Arce was in charge of allocating funds to social development projects in rural areas. During that time, officials allege, Arce siphoned off some of that money for personal expenses.
“Arce was identified as the main person responsible for this vast economic damage,” said Oviedo.
Bolivia’s attorney general, Roger Mariaca, told local media that Arce had invoked his right to remain silent during police questioning.
He said Arce would remain in police custody overnight before being brought before a judge to determine whether he will remain detained pending trial. The charges against Arce carry a maximum sentence of 4-6 years in prison.
An ex-president allegedly grabbed from the street
Arce’s key ally and former government minister, Maria Nela Prada, insisted on the ex-president’s innocence and denounced the corruption scandal as a case of political persecution.
Although the prosecution said it issued an arrest warrant, she said Arce was not notified of the case before he was bundled into a minivan with tinted windows in an upscale La Paz neighborhood on Wednesday and brought in for interrogation.
Arce had been walking along the cafe-lined streets of Sopocachi after teaching an economics class at a major public university, Prada said, and managed to tell her of his arrest before losing communication. A police spokesperson did not immediately respond to a request for comment on that account of events.
“This is a total abuse of power,” Prada said, banging furiously on the doors of the police headquarters where Arce was being held.
Mariaca, the prosecutor, promised the case was about nothing more than tackling graft in Bolivia.
“This is not persecution, nor is it a political act,” he said.
Paz swept to victory in October elections on a wave of public outrage over the unmitigated shambles that Arce’s administration bequeathed its successors, including sky-high inflation, a shortage of fuel and empty state coffers.
Critical to his popularity was his running mate, the straight-talking, TikTok-savvy former police Capt. Edman Lara, who achieved celebrity status when he denounced high-ranking police officers for corruption.
Courts not neutral arbiters
Experts long have noted that Bolivia’s brittle institutional framework fosters corruption, and that its politicized judiciary often lets those in power off the hook — whether on the left or right of the political spectrum.
Morales, who guided the country through an era of economic growth and shrinking inequality before his fraught 2019 ouster, was accused of stacking the constitutional court and bending the laws to stay in power.
When he resigned in the wake of mass protests over his disputed reelection to a fourth term, the right-wing interim government that took over issued arrest warrants for Morales and his officials on charges ranging from terrorism to corruption.
Then Arce won the 2020 elections and went on to target his own political rivals.
Former interim president Jeanine Añez was sentenced to 10 years in prison on charges tied to her 2019 takeover and other right-wing opposition leaders landed in jail. Judges even went after Morales, Arce’s mentor-turned-rival, who remains hunkered down in Bolivia’s remote tropics evading an arrest warrant related to statutory rape.
Shifting political winds
With the pendulum now swinging back to the right, Añez and many of her allies have walked free from prison. President Paz has set to work undoing the leftist policies of Arce and Morales.
Celebrating Arce’s arrest on social media, Vice President Lara warned that the ex-president was just the first felled by what would become a wave of anti-corruption cases against former officials.
“Those who have stolen from this country will return every last cent,” Lara said, ending his message by wishing “death to the corrupt.”
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