Merwil Gutierrez, a 19-year-old Venezuelan asylum seeker, was deported to El Salvador despite having no criminal or known gang affiliations, according to his family and legal representatives. On February 24, 2025, immigration officers detained Gutierrez outside his Bronx apartment along with two friends. His father says agents initially acknowledged that Merwil was not the individual they were looking for but decided to detain him regardless, reportedly saying, “Take him anyway.”
Gutierrez had arrived in the U.S. in 2023 with family to escape Venezuela’s political and economic crisis and had an immigration court date scheduled for 2027. While initially told he would be returned to Venezuela, he was instead sent to CECOT, a high-security prison in El Salvador that now holds many immigrants deported under new federal policy.
His removal came under the Alien Enemies Act of 1798, a rarely used wartime law which was utilized in March by President Donald Trump to authorize the deportation of Venezuelan nationals suspected of gang affiliation, particularly with Tren de Aragua. Legal experts say the act bypasses standard immigration procedures and due process protections.
A federal judge attempted to half the deportations with an emergency order, but the Justice Department claimed the flights had already left U.S. territory. The incident mirrors a similar case involving Kilmar Abrego Garcia, a Maryland resident mistakenly deported to El Salvador. Despite a Supreme Court ruling calling for his return, the U.S. government has said it lacks authority to intervene.
Merwil’s father, Wilmer, says he has not received any official documentation about his son’s detention or deportation and is still trying to understand the circumstances of his deportation.
Reference:
Kile, Meredith. “After ICE Agents Realized They Arrested the Wrong Teen in N.Y.C., They Were Told to ‘Take Him Anyway’: Report” People. April 15, 2025.
