President Donald Trump has intensified his controversial proposal to transfer American citizens convicted of violent crimes to foreign prisons, particularly in El Salvador. During a recent Oval Office meeting with El Salvador’s President Nayib Bukele, Trump suggested that “homegrown” violent criminals should be sent to El Salvador’s prison system, though he offered no specific mechanism. Legal experts warn that such a move would be unconstitutional, breaching the fundamental right of U.S. citizens to remain in the country, as affirmed by the 1967 Supreme Court decision in Afroyim v. Rusk. https://www.wsaz.com+6The Guardian+6Time+6France 24+2Time+2The Guardian+2
The Trump administration has already deported immigrants, including Venezuelans, to El Salvador’s harsh CECOT prison under arrangements with President Bukele. However, deporting U.S. citizens is constitutionally prohibited, as citizens cannot legally be sent to foreign countries forcibly. Trump claims only violent offenders would be affected, yet critics highlight the legal impossibility and risks of violating due process and human rights protections. NPR+3AP News+3news+3
Despite the legal challenges, Trump has expressed enthusiasm for the idea, stating, “If we can get them out of the country, we have other countries that would take them… it would be a lot less expensive, and it would be a great deterrent.” He added, “If we can get them out, I would be very happy.” France 24+2NPR+2The Independent+2The Independent
Secretary of State Marco Rubio has reached an unusual agreement with President Bukele, under which El Salvador would accept U.S. deportees of any nationality, including American citizens and legal residents who are imprisoned for violent crimes. Rubio acknowledged the legal complexities, stating, “We’ll have to study it on our end. There are obviously legalities involved.” Politico+10Los Angeles Times+10Stars and Stripes+10France 24
Legal scholars have criticized the proposal as unconstitutional and a violation of human rights. Leti Volpp, a law professor at the University of California, Berkeley, stated, “The U.S. is absolutely prohibited from deporting U.S. citizens, whether they are incarcerated or not.” M. Isabel Medina of Loyola University New Orleans added, “I know of nothing that would give the president the authority to force U.S. citizens serving federal prison sentences to serve their time in a different country’s prisons.” The Independent
The proposal has drawn comparisons to the United Kingdom’s controversial plan to send asylum seekers to Rwanda, which was eventually shelved. Critics argue that Trump’s plan could set a dangerous precedent, eroding constitutional protections and civil liberties. Emerson College international politics professor Mneesha Gellman described the proposal as “bizarre and unprecedented,” suggesting it reflects a transactional relationship between two authoritarian, populist leaders. The Independent
