President Trump has stated that his administration is actively exploring the possibility of detaining U.S. citizens and transferring them to prisons in El Salvador. This remark came during a press briefing alongside El Salvador’s President Nayib Bukele. Trump remarked, “The homegrowns are next, the homegrowns. You’ve got to build about five more places,” which appeared to reference the need for additional prison space in El Salvador for American citizens.
El Salvador is currently detaining hundreds of individuals in a high-security prison, including some flown from the U.S. after being arrested for allegedly lacking legal status or having gang affiliations. Critics have claimed that many of these individuals were deported with limited or no due process, some despite court orders issued by U.S. judges.
When pressed on the issue, Bukele indicated that El Salvador is prepared to accommodate American citizens in their prison system, stating, “Yeah, we’ve got space.” This controversial proposal has faced backlash from legal scholars from various political backgrounds, who argue that it would represent an unprecedented violation of the civil liberties of U.S. citizens.
David Bier, from the Cato Institute, emphasized, “It’s obviously unconstitutional, obviously illegal. There’s no authority in any U.S. law to deport U.S. citizens and certainly not to imprison them in a foreign country.” He further noted the concerning precedent that the Trump administration has already set by allegedly deporting individuals without allowing the courts to intervene.
Trump’s endorsement of this initiative is not entirely new; the concept of outsourcing parts of the U.S. prison system to other countries has been floated before. In February, Bukele remarked on the social media platform X that El Salvador was ready to “outsource part of its prison system,” specifically offering to house only convicted criminals, including U.S. citizens, in exchange for a fee. This idea was promoted further by Elon Musk, a Trump ally, who called it a “Great idea!!”
During the Monday press conference, Trump confirmed he has tasked U.S. Attorney General Pam Bondi to explore the feasibility of this proposal as a legal and cost-effective method to house American prisoners. Moreover, Trump hinted at the possibility of negotiating with other countries for similar arrangements: “We have others we’re negotiating with, too.”
Bondi seemed to support the initiative during a Fox News appearance, suggesting that it would significantly reduce crime rates in the United States by relocating individuals who have committed severe crimes. However, many legal scholars underline that advancing such a policy would represent a grave departure from the established norms regarding how U.S. citizens are treated. Lauren-Brooke Eisen, from the Brennan Center’s Justice Program, called for the administration to reconsider this approach, highlighting the significant ethical implications and the likelihood that the courts would block any such action.
U.S. Senator Jon Ossoff, a Democrat from Georgia, has previously expressed his concerns about this proposal, noting in a letter to the State Department regarding the deplorable conditions observed in Salvadoran prisons. These facilities often lack essential resources such as proper sanitation, temperature control, and even access to potable water.
In his letter, Ossoff argued, “It would be a moral and legal travesty for the U.S. government to subject anyone to such conditions.” The American Civil Liberties Union has also underscored the illegality of the proposed concept, with ACLU attorney Lee Gelernt affirming, “You may not deport a U.S. citizen, period. The courts have not allowed that, and they would not allow it.”
Despite the pushback from various legal experts and civil rights organizations, White House spokesperson Karoline Leavitt indicated during an April 8 press briefing that the administration continues to consider the proposal seriously. She stated, “The President has discussed this idea quite a few times publicly, he’s also discussed it privately.” Leavitt emphasized that if a legal pathway exists for such a proposal, the President would be open to it.
The legal landscape surrounding this proposal has raised alarm among judges and experts alike. Supreme Court Justice Sonia Sotomayor highlighted concerns that the Trump administration’s legal rationale might already suggest a belief that it can deport and imprison any person, including U.S. citizens, without facing legal consequences. Laurence Tribe, a Harvard constitutional law professor emeritus, echoed similar sentiments, arguing that anyone could potentially be at risk of being detained unlawfully by U.S. government agents.
The potential implications of this proposal evoke historical instances where the U.S. government has engaged in controversial practices that challenged constitutional norms. Notable examples include the internment of approximately 120,000 Japanese-Americans during World War II and the detention of American citizen Jose Padilla without trial after being accused of terrorism in 2002. However, many legal experts suggest that transferring American citizens to serve prison sentences abroad would represent a crossing of a significant line.
The proposal raises concerns regarding the erosion of constitutional protections for United States citizens, especially in light of Trump’s discussions about “locking up” political adversaries. He has made comments directing the Justice Department and the FBI to investigate the activities of his opponents, stating, “We will expose and very much expose their egregious crimes and severe misconduct.”
Despite the gravity of this proposal, many conservative legal scholars have refrained from commenting on it. NPR reached out to three prominent conservative legal experts, all of whom declined to provide input. Similarly, two conservative legal think tanks chose not to respond to inquiries regarding the issue.
Bier expressed shock at the absence of substantial pushback from Republican leaders regarding this alarming concept. He noted, “It’s unthinkable. It’s absolutely a reflection of where Donald Trump has taken the Republican Party and the conservative movement.”
As the exploration of this troubling proposal continues, many in the legal community remain vigilant, advocating for the safeguarding of constitutional rights and civil liberties for all U.S. citizens.
image source from：https://www.npr.org/2025/04/16/nx-s1-5366178/trump-deport-jail-u-s-citizens-homegrowns-el-salvador
