Venezuelan migrant files wrongful detention claim against DHS
A documented Venezuelan migrant, deported by the Trump administration to El Salvador, filed an administrative claim to the Department of Homeland Security on Thursday over what he describes as his illegal removal from U.S. territory.
Neiyerver Andrián Leon Rengel was sent in March to the infamous CECOT prison under the Alien Enemies Act, along with 17 other alleged Tren de Aragua gang members. He said that during this time he suffered “physical, verbal and emotional abuse.”
He was deported two days after a federal judge issued an order prohibiting deportation to third countries, which has since has been reversed by the Supreme Court. It was found in May that the majority of the immigrants sent to El Salvador were not undocumented. A federal judge ruled on June 4 that the deportees must be given a legal avenue to challenge their gang-affiliation accusations.
After three months in prison, on July 18, he was sent back to his home country, along with 250 other deportees, in a prison exchange deal organized by Salvadoran President Nayib Bukele. Venezuela’s attorney general opened an investigation against Bukele for human rights abuses within the prison.
The claim, filed to Office of the General Counsel for the Department of Homeland Security, states that Rengel suffers psychological and emotional distress and that he did not receive due process.
“As a result of White House, DHS, ICE, DOJ, and State Department officials’ negligent and unlawful acts, Rengel suffered a loss of his liberty, removal from the United States, and months-long detention at the notoriously inhumane CECOT, all of which has caused substantial and continuing emotional distress,” reads the claim.
DHS Assistant Secretary Tricia McLaughlin told The Hill in a statement that Rengel entered the U.S. illegally in 2023 and that he is associated with the Tren de Aragua gang.
“Tren de Aragua is a vicious gang that rapes, maims, and murders for sport,” McLaughlin said. “This illegal alien was deemed a public safety threat as a confirmed associate of the Tren de Aragua gang and processed for removal from the U.S.”
Rengel was detained by Immigration and Customs Enforcement (ICE) on March 13, his 27th birthday, in Irving, Texas. According to the claim, he presented his documents to ICE agents showing he had a legal temporary status and an immigration appointment in 2028. Agents rejected the documents and claimed he was part of the Venezuelan Tren de Aragua gang, which he denies.
Once taken into custody, Rengel’s claim says he was denied a phone call. ICE presented him with a document in English, even though he requested a Spanish translation, which gave him two options: be deported or see a judge. Rengel asked to see a judge but was never given the opportunity.
According to the claim, on March 15, ICE told him he would be deported to Venezuela. It was not until the plane landed in El Salvador that Rengel realized he was not home and that immigration authorities had lied to him. His mother and brother had been trying to find him for months with no help from government agencies.
Rengel is represented by The League of United Latin American Citizens (LULAC).
“His story is a wake-up call for every American who believes in the promise of the Constitution and the rule of law. We must not allow political agendas to trample due process and the fundamental rights guaranteed to all people in this country,” said Juan Proaño, LULAC Chief Executive Officer.