'I Want To Imprison US Citizens In El Salvador,' Says Donald Trump. What Is His Plan? Is That Even Legal? Explained

(MENAFN- Live Mint) US President Donald Trump on Monday reaffirmed his intent to send American citizens who commit violent crimes to prisons in El Salvador. During a conversation with El Salvador's President Nayib Bukele, Trump remarked that Bukele might“have to build five more places” to accommodate the influx, as reported by the Associated Press.

Also Read: El Salvador President Bukele refuses to return Maryland man wrongfully deported by US: 'How can I smuggle a terrorist?'

The Trump administration has already deported immigrants to El Salvador's infamous CECOT mega-prison, known for its severe conditions. Trump also mentioned that his team is actively exploring“legal” avenues to send U.S. citizens to the Central American facility as well.

Trump on Monday insisted these would just be“violent people,” implying they would be those already convicted of crimes in the United States, though he's also floated it as a punishment for those who attack Tesla dealerships to protest his administration and its patron, billionaire Elon Musk.

Here's a look at the notion of sending U.S. citizens to prison in a foreign country, why it's likely not legal and some possible legal loopholes.

If it's legal to do to immigrants, why not citizens?

Immigrants in the US can be deported under immigration law, but U.S. citizens cannot-deportation laws don't apply to them. One of the fundamental rights of citizenship is protection from being forcibly removed or sent to another country.

Also Read: Donald Trump suggests deporting US-born criminals to El Salvador, tells Prez Nayib Bukele to 'build five more prisons'

In contrast, immigrants-both documented and undocumented-can be removed, which is what's currently happening in El Salvador. The country is accepting deported individuals not only from its own population but also from nations like Venezuela and potentially others that refuse to take their citizens back. Notably, Venezuelans deported to El Salvador last month were reportedly denied due process-they weren't given a chance to contest the evidence against them or appear before a judge.

Why does the Trump administration want to send people to El Salvador?

President Nayib Bukele, who famously refers to himself as“the world's coolest dictator,” has drawn international attention for his heavy-handed approach to governance. While his administration has faced criticism for cracking down on human rights, he has also managed to transform El Salvador from one of the most violent countries in the world into a relatively safe one. That tough-on-crime model has earned praise from former President Donald Trump, who openly embraced Bukele's example during their Oval Office meeting on Monday.

Also Read: Wrongly Deported Man Alive in El Salvador, State Department Says

The U.S. policy of sending immigrants-including those from Venezuela-to El Salvador serves as a stark warning to potential migrants: reaching or remaining in the United States may come with serious consequences. It's a strategy seemingly aimed at deterrence, using El Salvador's harsh detention conditions to discourage unauthorized immigration.

It's a potential legal loophole that led Supreme Court Justice Sonia Sotomayor to issue a grim warning in her opinion in a 9-0 U.S. Supreme Court finding that the administration could not fly alleged Venezuelan gang members to El Salvador with no court hearing, even after Trump invoked an 18th century law last used during World War II to claim wartime powers, AP reported.

“The implication of the Government's position is that not only noncitizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress,” Sotomayor warned.

Also Read: Venezuela Pledges to Free Citizens Deported to El Salvador Jail

She was writing to dissent from the majority taking the case from the federal judge who had initially barred the administration from any deportations and had ordered planes en route to El Salvador turned around - an order the administration apparently ignored.

Wait, so can they send citizens to El Salvador?

The United States does maintain extradition treaties with numerous countries, allowing it to send U.S. citizens abroad to face trial if they're formally accused of crimes committed in those countries. Under current law, this is the only legal mechanism through which a U.S. citizen can be forcibly removed from the country.

However, the idea of sending U.S. citizens to prisons like El Salvador's CECOT raises serious legal and constitutional concerns. The U.S. Constitution prohibits“cruel and unusual punishment,” and CECOT-known for its extreme conditions-offers a level of harshness far beyond that found in American prisons. Moreover, individuals sent there would be outside the reach of U.S. federal courts, potentially stripping them of constitutionally guaranteed rights like due process. Such actions would almost certainly face intense legal scrutiny and constitutional challenges.

Also Read: Trump deports Venezuelan gang to El Salvador despite Federal judge's ruling, Prez Bukele reacts with 'laughing emoji'

“It is illegal to expatriate US citizens for a crime,” wrote Lauren-Brooke Eisen of the Brennan Center for Social Justice in New York.

One last loophole?

There is one potential loophole that the administration could use to send a small group of citizens to El Salvador. They can try to strip the citizenship of people who earned it after immigrating to the United States.

Also Read: Venezuelan migrants deported to El Salvador and Honduras before court ruling could stop them

The implication of the Government's position is that not only noncitizens but also United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress.

People who were made U.S. citizens after birth can lose that status for a handful of offenses, like funding terrorist organizations or lying on naturalization forms. They would then revert to green card holders and would be potentially eligible for deportation if convicted of other, serious crimes.

(With inputs from AP)

Key Takeaways

• U.S. citizens cannot be deported under current immigration law, making Trump's proposal legally questionable.
• The concept of sending U.S. citizens to foreign prisons raises serious constitutional and human rights concerns.
• There are potential legal loopholes, such as stripping citizenship from naturalized citizens, that could be exploited.

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