The Trump administration promised to start its mass deportation efforts by prioritizing the ousting of "the worst of the worst," referring to criminals who had committed violent acts. But as it invoked the wartime Alien Enemies Act to deport over 200 Venezuelan migrants to a mega-prison in El Salvador, court documents show the vast majority of them did not in fact have a criminal record.
Little is known about the 238 Venezuelan men that El Salvador's President Nayib Bukele accepted in its mega-prison system known as CECOT, which has been accused of human rights violations. But through family denouncements and law firms, it has been confirmed that among the group there is a makeup artist, a soccer player, a food delivery driver and more. None of them have been previously accused of committing a crime.
The Trump administration has yet to release the identities of the men it sent to El Salvador. But CBS News recently obtained internal government documents listing the names of the prisoners and any known criminal information, revealing that the vast majority of them did not commit any serious criminal, violent offense.
According to the report, at least 22% of the men on the list have criminal records in the U.S. or abroad. Most are for non-violent offenses like theft, shoplifting and trespassing. About a dozen have been accused of murder, rape, assault and kidnapping.
For 3% of those deported it is unclear whether a criminal record exists. However, the news outlet could not find criminal records for 75% of the Venezuelans, or 179 men, who are sitting in a foreign prison.
CBS' investigation highlighted the case of Andry Hernandez Romero, whose attorney, Lindsay Toczylowski, has taken to social media in a now-viral post denouncing his arrest and defending his innocence. According to the attorney, Hernandez Romero made the long trek north through the Darien Gap to Mexico, where he eventually got an appointment to seek asylum in the U.S. At a legal border crossing near San Diego he was taken into custody while his case was processed.
Toczylowski says her client did not have a criminal record in the U.S. or Venezuelan, and he left his home country last year because he was targeted for being gay and for his political views. Last month he had a court hearing for his asylum case but he never showed up. The attorney would next see him at the infamous El Salvador prison through pictures posted by news organizations reporting on the matter.
"It's horrifying to see someone who we've met and know as a sweet, funny artist, in the most horrible conditions I could imagine," the attorney said.
The White House has stood by its decision to not release further information of the detainees. Press Secretary Karoline Leavitt said in March that the White House was "not going to reveal operational details about a counterterrorism operation."
She also said that immigration enforcement agents who investigated the migrants sent to El Salvador "have great evidence and indication, they have the highest degree of professionalism and they were 100% confident in the individuals that were sent home on these flights."
Similarly, in response to CBS News' recent findings, a Department of Homeland Security spokeswoman said many of those without criminal records, "are actually terrorists, human rights abusers, gangsters, and more. They just don't have a rap sheet in the U.S."
Border Czar Tom Homan also said immigration agents spent hours conducting rigorous checks on each of the men to confirm they are members of Tren de Aragua, a Venezuelan gang president Trump campaigned on eradicating.
It remains unclear what the fate of this deportation plan will be. For now, the Trump administration is urging the Supreme Court for permission to resume deportations under the Alien Enemies Act, which Judge James Boasberg temporarily blocked. Boasberg could also soon rule on whether there are grounds to find anyone in contempt of court for defying his court order stopping the deportations to El Salvador.
© 2025 Latin Times. All rights reserved. Do not reproduce without permission.
