In a significant legal filing this Monday, El Salvador officials have countered previous Trump administration assertions by claiming that the United States retains exclusive jurisdiction over deportees held at the Terrorism Confinement Center (CECOT) in El Salvador. These documents suggest potential non-compliance with a U.S. Supreme Court order, which mandated the return of a wrongfully deported Salvadoran man earlier in April.

The contention arises amid ongoing disputes over the legal rights and jurisdictional control of individuals deported under the Trump administration's stringent immigration policies. According to court filings, the Trump administration argued that these individuals, once outside U.S. territory, do not fall under U.S. jurisdiction and therefore are not entitled to constitutional due process rights as per the Fourteenth Amendment.

However, El Salvador's response to a UN report on enforced disappearances highlights a contradictory stance, rooted in a bilateral treaty that allegedly subjects CECOT entirely to U.S. jurisdiction. This facility, which was constructed in 2023 during a crackdown on gang violence by the Salvadoran government, reportedly houses over 14,500 people under dire conditions, as noted by human rights organizations.

The facility has gained attention from various U.S. political figures, with multiple Republican Congress members having toured the site. In contrast, Democratic Senator Chris Van Hollen was denied access when attempting to visit Ábrego García, the man whose return was ordered by the U.S. Supreme Court.

Rights groups like Human Rights Watch have criticized the El Salvador prison system for severe human rights violations, including overcrowded conditions forcing inmates to sleep on the floor or standing. The ongoing litigation in the U.S. District Court for the District of Columbia, challenging the deportations and imprisonment conditions at CECOT, continues to develop as each nation shifts responsibility onto the other.

This legal tussle not only highlights the complexities of international law and bilateral treaties but also underscores significant human rights concerns involving deported individuals and their access to due process. As the case proceeds, the international community watches closely, awaiting resolutions that could have far-reaching implications for deported individuals and bilateral relations between the U.S. and El Salvador.