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Lawsuit Alleges Torture of Venezuelan Man After Wrongful Deportation to El Salvador

4/2/2026, 8:03:36 PM

Allegations of Torture and Wrongful Deportation

A lawsuit has been initiated against the U.S. federal government by a Utah law firm on behalf of a Venezuelan national, referred to as Johnny Hernandez, who claims he was wrongfully deported to El Salvador’s notorious Terrorism Confinement Center (CECOT) where he suffered severe torture. Hernandez, who entered the U.S. legally in August 2024, was detained by Immigration and Customs Enforcement (ICE) agents in San Diego after being incorrectly labeled as affiliated with the Tren de Aragua gang. His attorneys assert that he was subjected to physical, psychological, and emotional abuse during his four-month imprisonment at CECOT, including beatings and being shot with a rubber bullet.

Background and Context

Hernandez's family fled Venezuela due to political violence and sought asylum in the U.S. after traveling through Central America. Despite having no criminal record, he was detained and deported to CECOT in March 2025, along with over 250 other Venezuelan men, many of whom were also wrongfully accused of gang affiliations. The Trump administration had invoked the Alien Enemies Act to justify these deportations, which were carried out despite a federal judge's order against such actions.

Legal Proceedings and Claims

The attorneys representing Hernandez have filed a notice of claim seeking $56 million in damages, citing the U.S. government's failure to provide due process. They plan to follow up with a formal lawsuit in six months. The legal team has also filed claims against the U.S. Department of State and the Department of Justice, emphasizing the need for accountability in the treatment of immigrants.

Criticism of ICE's New Detention Facilities

The lawsuit has raised concerns about the proposed ICE Mega Centers, including a facility in Salt Lake City that could house up to 10,000 detainees. Attorneys argue that these centers could replicate the abusive conditions seen in CECOT. Richard Lambert, one of the attorneys, compared the proposed facility to historical injustices, warning that it could become a "monstrous monument of the inhumanity of man to man." In contrast, former ICE officials have dismissed these comparisons as unfounded, asserting that the agency maintains high standards for detention facilities.

Official Statements and Responses

The Department of Homeland Security (DHS) has defended its actions, stating that it stands by its intelligence assessments and the legality of its deportation processes. A DHS spokesperson emphasized that due process is afforded to individuals with final deportation orders, countering claims of wrongful treatment. Meanwhile, local leaders in Salt Lake City have expressed concerns over the facility's potential impact on the community, including environmental and social implications.

Conflicting Reports and Gaps

While the legal team asserts that Hernandez and many others were wrongfully deported, DHS maintains that the deportations were justified based on intelligence reports. The exact number of detainees affected by these policies remains unclear, as does the anticipated operational capacity and conditions of the new ICE Mega Centers.

What's Next

As the legal proceedings unfold, the attorneys plan to continue advocating for their client and others similarly affected by the U.S. immigration system. The outcome of this lawsuit may have broader implications for immigration policy and the treatment of detainees in the U.S.