United States President Donald Trump has suggested an unusual and controversial idea – deporting American citizens, specifically those convicted of violent crimes, to prisons in El Salvador. This proposal came to light during a visit by Salvadoran President Nayib Bukele to the White House and has raised significant legal and constitutional concerns.
Donald Trump’s suggestion has sparked debates about the scope of executive powers, due process rights, and the legal protections associated with American citizenship. His remarks mark the first clear indication that his administration is seriously considering the possibility of sending even native-born American citizens to foreign detention centers, including El Salvador’s infamous mega-prison, CECOT (Terrorism Confinement Center).
Donald Trump’s Remarks on Deportation
During the meeting with President Bukele, Donald Trump proposed that the US might start sending American citizens involved in violent crimes to El Salvador. He referred to violent criminals, including those committing horrific acts like pushing people into subway tracks or attacking elderly women, and suggested that they could be deported to foreign prisons.
“I’d like to include them in the group of people to get them out of the country, but you’ll have to be looking at the laws on that,” Donald Trump said. When pressed further, Donald Trump confirmed that this proposal would apply to US citizens, adding, “If it’s a homegrown criminal, I have no problem. We’re studying the laws right now. If we can do that, that’s good.”
Donald Trump even joked that, should Bukele accommodate these prisoners, he would need to “build five more places” to hold them.
The Legal Questions: Can the US Deport Its Own Citizens?
The US Constitution provides clear protections for its citizens, including the right not to be expelled from the country without due process. Legal scholars have quickly rejected the idea that the US could deport its own citizens, noting that no provision in US law allows for such an action.
Erin Corcoran, a professor of immigration law at the University of Notre Dame, stated that “there is no provision under US law that would allow the government to kick citizens out of the country.” Lauren-Brooke Eisen of the Brennan Center for Justice echoed this sentiment, stating, “It is illegal to expatriate US citizens for a crime.”
While naturalized citizens can lose their citizenship in certain exceptional cases (such as terrorism or treason), these scenarios are rare and require a formal legal process. The US Supreme Court has also weighed in on such issues, making it clear that citizens cannot be removed from the country without legal recourse.
In a case involving the deportation of Venezuelan gang members to El Salvador, Justice Sonia Sotomayor expressed concern, stating that the government’s position could allow US citizens to be sent abroad to foreign prisons without an opportunity for redress.
El Salvador’s CECOT Mega-Prison and US Deportations
El Salvador’s CECOT facility has become central to the Donald Trump administration’s plans to offload detainees. The US has already sent numerous immigrants accused of gang affiliations to this prison, relying on agreements that remain legally contested.
Donald Trump has praised the cooperation of El Salvador, stating, “You are helping us out, and we appreciate it.” Both the Donald Trump and Biden administrations have used third-country agreements to transfer migrants to countries like El Salvador, even when those migrants are not citizens of the receiving country.
Under Donald Trump’s administration, the US has reportedly paid El Salvador approximately $6 million to house deportees. However, international law prohibits sending individuals to countries where they face a credible risk of torture or persecution, raising further legal concerns.
El Salvador’s President Bukele has expressed willingness to accommodate US prisoners, including citizens, under the condition of appropriate compensation. Bukele has framed this as an opportunity to “outsource part of [America’s] prison system.”
The Case of Kilmar Abrego García
The deportation of Kilmar Abrego García, a Salvadoran immigrant who was married to a US citizen and had not been charged with any crime, has become a high-profile issue in this evolving saga. Despite a judge ruling that he should not be deported due to credible threats of persecution in El Salvador, García was sent to CECOT.
Bukele dismissed the possibility of returning García to the US, mocking the suggestion. The US Supreme Court intervened, ordering the administration to “facilitate” García’s return but did not mandate it. US Secretary of State Marco Rubio dismissed the court’s intervention, arguing that no court has the authority to conduct US foreign policy.
No Legal Path for Deporting US Citizens
Despite Trump’s insistence that his administration is reviewing the legalities, current US law offers no provision for deporting citizens to foreign prisons. Extradition treaties exist for transferring citizens accused of crimes in foreign jurisdictions, but deportation is not an option.
Additionally, the First Step Act, signed by Donald Trump in 2018, mandates that prisoners be housed within 500 miles of their homes to facilitate family visits, which would be violated by sending prisoners to Central America.
Even transferring federal inmates to foreign prisons would face legal hurdles, as the First Step Act requires that federal prisoners be kept in domestic facilities.
Legal and Political Obstacles
Donald Trump’s proposal to deport US citizens to El Salvador faces significant legal challenges. US law does not permit the deportation of citizens, and such actions would violate constitutional protections. Moreover, the legal framework for transferring citizens abroad is limited to extradition, which only applies to those accused of crimes in foreign jurisdictions.
As the US continues to grapple with the complexities of its relationship with El Salvador and its own legal constraints, Donald Trump’s idea remains an ambitious but deeply controversial proposal with no clear legal path forward.
