Trump wants to send US citizens to foreign prisons. Legal experts say he can’t.
The Trump administration’s controversial decision to deport alleged MS-13 gang members to El Salvador’s CECOT mega-prison has sparked a debate about the possibility of deporting American citizens convicted of violent crimes.
President Donald Trump, in a recent meeting with Salvadoran President Nayib Bukele, expressed interest in deporting “homegrown criminals” who have committed serious offenses. He suggested that if necessary, additional prisons should be built in the U.S. to accommodate these individuals.
Legal experts have raised concerns about the constitutionality of deporting American citizens to foreign prisons. According to Michael Gerhardt, a constitutional law professor, there are several constitutional provisions that prohibit such actions. Similarly, David Leopold, a former president of the American Immigration Lawyers Association, emphasized that citizens cannot be deported under any circumstances.
Attorney General Pam Bondi defended the administration’s stance, stating that individuals who have committed heinous crimes should be incarcerated to ensure public safety. However, the legal grounds for deporting American criminals to foreign prisons remain unclear.
While Trump and other officials have highlighted the deportation of individuals who have committed egregious crimes, legal experts have pointed out that deporting American citizens to prisons in El Salvador or other countries could violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
One potential loophole could involve targeting naturalized U.S. citizens who may have falsified information during the naturalization process. However, experts emphasize that unrelated crimes cannot be used as grounds for denaturalization and deportation.
The ongoing legal battle surrounding Kilmar Abrego Garcia, wrongfully deported to CECOT by the Trump administration, adds complexity to the debate. The Supreme Court has ordered his return to the U.S., but Salvadoran President Bukele has refused to comply, raising concerns about the administration’s approach to deportations.
As the discussion continues, experts caution against the implications of sending American citizens to foreign prisons. The notion has been described as chilling and potentially unconstitutional. Despite the administration’s rhetoric, legal experts emphasize the need to uphold citizens’ rights and adhere to established legal principles.
