SAN SALVADOR, El Salvador (AP) — The U.S. government used an 18th-century wartime law to deport more than 200 Venezuelan immigrants to El Salvador, where they were immediately transferred to the country's maximum-security gang prison.
And while a federal judge in Washington tries to determine whether the U.S. government defied his order to return the migrants while they were in the air and insists that they must get an opportunity to challenge their designations as alleged members of a notorious gang, there has been no word from El Salvador’s president or judiciary about what the prisoners’ legal status is in that country.
That may change soon. On Monday, lawyers hired by the Venezuelan government took legal action on behalf of the Venezuelan prisoners seeking their release from the prison, which U.S. Homeland Security Secretary Kristi Noem is scheduled to visit Wednesday.
The U.S. says the Venezuelans were members of the Tren de Aragua gang, a criminal organization that U.S. President Donald Trump declared an invading force, but has provided no evidence of their alleged membership. The Alien Enemies Act allows noncitizens to be deported without the opportunity to go before an immigration or federal court judge.
El Salvador hasn't had diplomatic relations with Venezuela since 2019, so the Venezuelans imprisoned there do not have any consular support from their government either.
Even Salvadoran citizens have been living under a state of emergency that has suspended fundamental rights since 2022 and the country's judiciary is not considered independent. All of which raises questions about the prisoners’ legal future in El Salvador.
Nothing.
President Nayib Bukele announced Sunday that the United States had sent what he called “238 members of the Venezuelan criminal organization Tren de Aragua” to El Salvador and they were immediately sent to its maximum security gang prison. The U.S. government would pay an annual fee for their incarceration, Bukele wrote in a post on X.
El Salvador’s Attorney General’s Office and Presidential Commissioner for Human Rights and Freedom of Expression did not respond to requests for comment about the status of the Venezuelan prisoners.
Lawyer David Morales, legal director for the nongovernmental organization Cristosal, said there was no legal basis for the Venezuelans’ imprisonment in El Salvador. He said he knew of no Salvadoran law or international treaty that would support their imprisonment.
“They are illegal detentions because they haven’t been submitted to the jurisdiction of a Salvadoran judge, nor have they been prosecuted or convicted in El Salvador,” he said. As such, their imprisonment here is “arbitrary.”
He said El Salvador's prosecutor’s office for human rights would have the authority to intervene, because it has a broad mandate when it comes to prisoners, “but we already know that it’s not playing its role because it is dominated, subjected to political power.”
Lawyers hired by the Venezuelan government filed a legal action Monday in El Salvador aimed at freeing 238 Venezuelans deported by the United States who are being held in a Salvadoran maximum-security prison.
Jaime Ortega, who says he represents 30 of the imprisoned Venezuelans, said his firm filed the habeas corpus petition with the Supreme Court’s Constitutional Chamber. He said that by extension they requested that it be applied to all Venezuelans detained in El Salvador.
Before it was filed, constitutional lawyer Enrique Anaya had suggested human rights organizations and the prisoners’ families should file habeas corpus petitions, essentially compelling the government to prove someone’s detention was justified “as a mechanism to denounce (the situation) as well as to pressure” the government.
Still, Anaya said the lack of judicial independence in El Salvador made success unlikely. Bukele’s party removed the justices of the Supreme Court’s Constitutional chamber in 2021 and replaced them with judges seen as more amenable to the administration.
“Who is going to decide these people’s freedom, U.S. judges, Salvadoran judges?” Anaya asked. The habeas corpus petitions could at least “show the illegitimacy of this vacuum.”
El Salvador has lived under a state of emergency since March 2022, when Congress granted Bukele extraordinary powers to fight the country’s powerful street gangs.
Since then, some 84,000 people have been arrested, accused of gang ties. The state of emergency has allowed authorities to act without basic protections like access to a lawyer or even being told why they’re being arrested. They can be held for 15 days without seeing a judge.
Homicides have plummeted in El Salvador and the improved security has fueled Bukele’s popularity.
But while Bukele has said some 8,000 of those arrested have been freed for lack of evidence, many more have found no way out.
Last year, the Due Process Foundation published a report showing that the Constitutional Chamber of the Supreme Court had “systematically” rejected more than 6,000 habeas corpus petitions made by families of people arrested under the state of emergency.
Follow AP’s coverage of Latin America and the Caribbean at https://apnews.com/hub/latin-america
FILE - A mega-prison known as Detention Center Against Terrorism (CECOT) stands in Tecoluca, El Salvador, March 5, 2023. (AP Photo/Salvador Melendez, File)
In this photo provided by El Salvador's presidential press office, a prison guard transfers deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025. (El Salvador presidential press office via AP)
In this photo provided by El Salvador's presidential press office, prison guards transfer deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025. (El Salvador presidential press office via AP)
SALT LAKE CITY (AP) — U.S. Health Secretary Robert F. Kennedy Jr. on Monday said he plans to tell the Centers for Disease Control and Prevention to stop recommending fluoridation in communities nationwide. Kennedy also said he’s assembling a task force to focus on the issue.
Also on Monday, the U.S. Environmental Protection Agency announced it is reviewing “new scientific information" on potential health risks of fluoride in drinking water. The EPA has primary authority to set the maximum level of fluoridation in public water systems.
Kennedy told The Associated Press of his plans after a news conference with EPA Administrator Lee Zeldin in Salt Lake City.
Kennedy can’t order communities to stop fluoridation, but he can tell the CDC to stop recommending it and work with the EPA to change the allowed amount.
Utah last month became the first state to ban fluoride in public drinking water, pushing past opposition from dentists and national health organizations who warned the move would lead to medical problems that disproportionately affect low-income communities.
Republican Gov. Spencer Cox signed legislation barring cities and communities from deciding whether to add the cavity-preventing mineral to their water systems. Water systems across the state must shut down their fluoridation systems by May 7.
Kennedy praised Utah for emerging as “the leader in making America healthy again.” He was flanked by Utah legislative leaders and the sponsor of the state’s fluoride law.
“I’m very, very proud of this state for being the first state to ban it, and I hope many more will,” he said.
Kennedy oversees the CDC, whose recommendations are widely followed but not mandatory. State and local governments decide whether to add fluoride to water and, if so, how much — as long as it doesn’t exceed a maximum set by the EPA, which is currently 4 milligrams per liter.
Zeldin said his agency was launching a renewed examination of scientific studies on the potential health risks of fluoride in drinking water to help inform any changes to the national standards.
“When this evaluation is completed, we will have an updated foundational scientific evaluation that will inform the agency’s future steps,” Zeldin said. “Secretary Kennedy has long been at the forefront of this issue. His advocacy was instrumental in our decision to review fluoride exposure risks, and we are committed to working alongside him, utilizing sound science as we advance our mission of protecting human health and the environment.”
Fluoride strengthens teeth and reduces cavities by replacing minerals lost during normal wear and tear, according to the CDC. In 1950, federal officials endorsed water fluoridation to prevent tooth decay, and in 1962 set guidelines for how much should be added to water.
Kennedy, a former environmental lawyer, has called fluoride a “dangerous neurotoxin” and said it has been associated with arthritis, bone breaks and thyroid disease. Some studies have suggested such links might exist, usually at higher-than-recommended fluoride levels, though some reviewers have questioned the quality of available evidence and said no definitive conclusions can be drawn.
In November, just days before the presidential election, Kennedy declared that Donald Trump would push to remove fluoride from drinking water on his first day as president. That didn't happen, but Trump later picked Kennedy to run the U.S. Department of Health and Human Services, where he has been expected to take some kind of action. Meanwhile, some localities have gone ahead and decisions whether to keep fluoridating water.
Related to all this: A massive round of staffing cuts last week across federal agencies included elimination of the CDC's 20-person Division of Oral Health. That office managed grants to local agencies to improve dental health and, in come cases, encourage fluoridation.
Fluoride can come from a number of sources, but drinking water is the main one for Americans, researchers say. Nearly two-thirds of the U.S. population gets fluoridated drinking water, according to CDC data. The addition of low levels of fluoride to drinking water was long considered one of the greatest public health achievements of the last century.
About one-third of community water systems — 17,000 out of 51,000 across the U.S. — serving more than 60% of the population fluoridated their water, according to a 2022 CDC analysis. The agency currently recommends 0.7 milligrams of fluoride per liter of water.
But over time, studies have documented potential problems. Too much fluoride has been associated with streaking or spots on teeth. Studies also have traced a link between excess fluoride and brain development.
A report last year by the federal government’s National Toxicology Program, which summarized studies conducted in Canada, China, India, Iran, Pakistan and Mexico, concluded that drinking water with more than 1.5 milligrams of fluoride per liter — more than twice the recommended level in the U.S. — was associated with lower IQs in kids.
Utah Oral Health Coalition chairperson Lorna Koci said Monday that she hopes other states push back against the removal of fluoride and that Kennedy’s visit to celebrate her state's fluoride ban underscores the political motivations of those who support it.
She predicted children will have more cavities as a result and said backers of the fluoride legislation in Utah spread false information that raised doubts about its effectiveness. Opponents of the law warned it would disproportionately affect low-income residents who may rely on public drinking water containing fluoride as their only source of preventative dental care.
“This seems to be less about fluoride and more about power,” Koci said.
Stobbe reported from New York. Associated Press writer Matthew Brown in Billings, Montana, contributed reporting,
The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Science and Educational Media Group and the Robert Wood Johnson Foundation. The AP is solely responsible for all content.
Health Secretary Robert F. Kennedy Jr., right, arrives at University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. exits a bus as he visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. visits University of Utah to discuss Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City. (AP Photo/Melissa Majchrzak)
Health Secretary Robert F. Kennedy Jr. to appear in Salt Lake City with the EPA administrator and state lawmakers to talk about Utah's new fluoride ban and food additives legislation, Monday, April 7, 2025, in Salt Lake City, Utah. (AP Photo/Melissa Majchrzak)
