A coalition of democracy and human rights groups has filed a lawsuit against the US State Department over its agreement with El Salvador to house migrants in the country's prison system, calling it unconstitutional and illegal.
Five US-based organizations filed a federal lawsuit on Thursday to block a controversial deal between the State Department and El Salvador that pays up to $20,000 per migrant to detain individuals in the Central American country's prison facilities.
The lawsuit, led by the nonprofit legal group Democracy Forward, argues that the Biden administration lacks the legal authority to outsource immigration detention in this manner and claims the deal violates constitutional and human rights protections.
“Disappearing people into foreign black sites is unAmerican. It is not immigration policy—it’s an abuse of power typical of autocratic regimes,” said Skye Perryman, President and CEO of Democracy Forward. “No president—past or present—can buy their way out of the Constitution to disappear people behind a paywall of impunity.”
The five plaintiffs in the case are Robert F. Kennedy Human Rights, the National Association of Criminal Defense Lawyers, Immigrant Defenders Law Center, Immigration Equality, and the California Collaborative for Immigrant Justice.
The lawsuit contends that the State Department bypassed Congress and other oversight mechanisms in forging the deal, which has raised serious concerns about transparency, detainee safety, and potential violations of federal and international law.
The coalition is urging the court to halt the program immediately, warning that the policy could set a dangerous precedent for extrajudicial migrant detention and undermine core democratic values.
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