Fact Check: The U.S. has constructive custody over detainees in El Salvador's CECOT prison.

Fact Check: "The U.S. has constructive custody over detainees in El Salvador's CECOT prison."

What We Know

Recent developments surrounding the detention of Venezuelan immigrants in El Salvador's Terrorism Confinement Center (CECOT) have raised questions about the extent of U.S. control over these detainees. The Trump administration has claimed that it has no control over the nearly 140 Venezuelan immigrants deported to CECOT, asserting that the Salvadoran government has jurisdiction over them (source-1). However, a document submitted to the United Nations by the Salvadoran government contradicts this claim, stating that it has limited responsibility and is merely implementing a bilateral cooperation mechanism with the U.S. (source-2). This document indicates that the legal responsibility for the detainees lies with the U.S. government, suggesting that the U.S. retains "constructive custody" over the individuals (source-4).

Analysis

The assertion that the U.S. has constructive custody over the detainees is supported by multiple sources. For instance, U.S. District Judge James Boasberg expressed skepticism regarding the administration's claims, noting that the U.S. and El Salvador had struck a diplomatic bargain concerning the detainees (source-1). Furthermore, legal representatives for the detainees have argued that the U.S. government is responsible for their treatment and legal status, as they were deported under the Alien Enemies Act (source-6).

However, the Trump administration has maintained that once the detainees were in Salvadoran custody, the matter was out of their hands, citing diplomatic and legal obligations of El Salvador (source-3). This position has been challenged by the new evidence presented, which suggests that the U.S. indeed retains some level of control over the detainees, contradicting the administration's earlier claims (source-5).

The reliability of the sources varies; while legal documents and court rulings provide a strong basis for the claims, statements from the Trump administration may be viewed as biased given the political context. The ACLU and other legal groups involved in the case have a vested interest in portraying the U.S. as having control over the detainees, which adds another layer of complexity to the analysis (source-7).

Conclusion

The claim that the U.S. has constructive custody over detainees in El Salvador's CECOT prison is Partially True. While the U.S. government has asserted that it does not control the detainees, recent evidence from the Salvadoran government and judicial rulings suggest that the U.S. retains significant influence and responsibility for the detainees' legal status. This nuanced situation reflects the complexities of international agreements and the legal interpretations surrounding them.

Fact Check: The U.S. has constructive custody over detainees in El Salvador's CECOT prison.