Following the deportation of 238 alleged Venezuelan gang members and 23 members of the Salvadoran gang MS-13 to a maximum-security prison in El Salvador last month, US President Donald Trump is contemplating a controversial plan to deport criminals who are United States citizens.
During a press briefing on Monday, Trump expressed his desire to send US citizens convicted of serious crimes to El Salvador, highlighting his focus on addressing crime at home.
Despite this proposal, legal experts warn that forcibly sending American citizens outside the country may violate constitutional law, particularly given that Trump previously signed legislation during his first term that complicates such deportations.
Last month marked a significant operation wherein Trump deported 238 alleged members of the Tren de Aragua gang from Venezuela and 23 suspected members of MS-13 from El Salvador.
These individuals are currently being held at the Centro de Confinamiento del Terrorismo (CECTOT), a maximum-security prison in El Salvador designed to house a large number of inmates, with a capacity of 40,000.
In a financial arrangement, the US government provided El Salvador with approximately $6 million to manage the detention of alleged Tren de Aragua members for one year.
Trump also invoked a rarely-used wartime law, the Alien Enemies Act of 1798, granting him authority to extradite noncitizens during wartime, a move that has faced scrutiny given the peaceful nature of the current state of affairs.
Critics have pointed out that using this act to bypass traditional immigration laws during peacetime constitutes a significant overreach of presidential power and would likely be challenged in courts.
Among those deported was Kilmar Armando Abrego Garcia, a 29-year-old Salvadoran man who had lived legally in Maryland for 14 years and has been married to a US citizen.
Abrego Garcia was previously arrested by US Immigration and Customs Enforcement (ICE) in Maryland following unsubstantiated claims about his ties to MS-13.
In 2019, an immigration judge granted him an immigration protection called “withholding of removal,” which previously allowed him to remain in the United States despite allegations against him.
The US government described his subsequent deportation as an “administrative error” but continues to assert that he is linked to MS-13.
El Salvador’s President, Nayib Bukele, has publicly rejected the idea of returning Abrego Garcia to the US, questioning the feasibility of bringing a “terrorist” into the country.
In a recent, unanimous ruling, the US Supreme Court ordered that Abrego Garcia should be allowed to return to the US, a decision that reflects the legal complexities surrounding such deportations.
Trump’s discussion with Bukele at the White House on Monday included plans for further deportations, particularly targeting US citizens involved in violent crime.
Trump referred to these individuals as “homegrowns,” expressing his belief that they should also face deportation to El Salvador where they could serve their sentences.
The president reiterated that he would only proceed with this plan if it is proven legal, specifying that he would target only those labeled as “violent criminals.”
“We always have to obey the laws,” Trump said,
but he emphasized the pressing need to remove violent offenders from US communities, describing them as “absolute monsters.”
White House Press Secretary Karoline Leavitt clarified that Trump would only consider deportations for the most egregious offenders if such actions are deemed legal by appropriate authorities.
While Attorney General Pam Bondi was asked about the legality of deporting US citizens, her response emphasized the administration’s resolve to prioritize public safety and keep violent offenders incarcerated for as long as permitted by law.
However, many legal experts disagree with the administration’s interpretation of legal precedent regarding such a drastic measure affecting US citizens.
Human rights attorney Clive Stafford Smith stated plainly, “No, he [Trump] can’t send US citizens to El Salvador.”
Furthermore, Bruce Fein, a lawyer specializing in constitutional law, noted that the constitution would deem it unconstitutional to deport US citizens to another nation for imprisonment.
Potential legal challenges to Trump’s plan could arise from various constitutional provisions.
For example, the Eighth Amendment prohibits “cruel and unusual punishments,” and CECOT has faced severe criticism for its reported mistreatment of inmates and lack of basic amenities such as visitation rights, education, and recreation.
Additionally, the Fourteenth Amendment protects US citizens from being stripped of their citizenship or forcibly removed from the country without due process.
The First Step Act, which Trump himself signed into law, mandates that federal inmates be held close to their homes, contradicting the notion of deporting US citizens to El Salvador where they would face a harsh prison environment.
Legal experts point out a possible loophole regarding naturalized citizens who could lose their citizenship under specific conditions, including terrorism or other severe offenses.
It has been suggested that under extreme scenarios, individuals who are denaturalized could face imprisonment in a foreign country, but such actions would still likely face rigorous legal challenges.
Fein elucidated that a case similar to Abrego Garcia’s could emerge, citing the possibility of the Trump administration claiming it was powerless to return a citizen imprisoned abroad.
This situation would probably result in another significant legal battle, mirroring the ongoing issues surrounding Abrego Garcia’s case.
Fein expressed concern over the erosion of constitutional protections, noting, “The constitution is under stress as never before since the Civil War.”
Both experts emphasized that the capacity for US courts to enforce illegal orders remains contingent on the integrity and good faith of government institutions, especially in uncertain political climates.
As public attention sharpens on Trump’s proposed policy shift, it falls to the judicial system to navigate the complexities surrounding citizenship rights and enforcement of immigration laws, with broad implications for both individuals and society at large.
image source from：https://www.aljazeera.com/news/2025/4/16/can-trump-legally-deport-us-citizens-to-el-salvador-prisons
