1. United States
  2. N.M.
  3. Letter

Criminal Accountability and Justice for CECOT Detainees

To: Sen. Luján, Sen. Heinrich, Rep. Stansbury

From: A verified voter in Albuquerque, NM

April 18

As a constituent I urge you to address the Trump administration’s deportation of Kilmar Abrego Garcia and 237 others to El Salvador’s CECOT prison, a facility known for torture and state-sponsored disappearances. Your partnership is critical to ensuring accountability for these potential crimes against humanity. 1. Administrative Failures and Complicity The Trump administration admitted Kilmar’s deportation was an “administrative error” yet defied a Supreme Court order to return him. This negligence, combined with CECOT’s documented atrocities (torture, starvation, killings) and $6 million in U.S. funding to Salvadoran security forces, implicates the U.S. in human rights violations. Survivors call CECOT a “concentration camp,” demanding congressional oversight. 2. Legal Pathways for Accountability Constitutional Violations - Due Process (Fifth Amendment): Deportations without hearings or counsel, including ICE’s misuse of the Alien Enemies Act, violate detainees’ rights. Courts require a “meaningful opportunity” to contest deportation, which was denied. - Equal Protection (Fourteenth Amendment): Discriminatory targeting of Salvadorans and Venezuelans falsely labeled as “gang members” reflects systemic bias, akin to ICE’s wrongful deportation of U.S. citizens like Mark Lyttle (867 F.2d 1256). International Law - Non-Refoulement (UN Torture Convention): Deporting individuals to CECOT violates U.S. obligations to prevent torture. The IACHR could investigate. - ICC Jurisdiction: El Salvador ratified the Rome Statute, enabling ICC scrutiny of crimes on its soil, including U.S. officials’ role in deportations to CECOT. Federal Criminal Charges - 18 U.S.C. § 241 (Conspiracy Against Rights): Fabricating gang affiliations to justify deportations may constitute conspiracy. - 18 U.S.C. § 242 (Deprivation of Rights): Defying court orders to halt deportations violates federal law. Civil Remedies - FTCA: Families could sue for wrongful death given ICE’s admission of error. - ATS: Noncitizens may sue U.S. officials for facilitating torture via deportation. 3. Requested Actions 1. Investigate: Demand UN access to CECOT within 30 days. Denial should trigger murder investigations. 2. Bypass Compromised Institutions: Appoint an independent special prosecutor to pursue charges under § 241/§ 242. Advocate for ICC action (Rome Statute). 3. Legislative Reforms: Support the Neighbors Not Enemies Act to repeal the Alien Enemies Act. Freeze U.S. funding to El Salvador until CECOT is dismantled. 4. Transparency/Reparations: Release deportee names and establish a federal compensation. U.S. funds must not enable abuse. Your leadership can uphold human rights and deter future atrocities. I urge you to champion these measures.

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