President Donald Trump underlined on Monday that he wants to send US residents who commit violent crimes to prison in El Salvador, telling the country’s president, Nayib Bukele, that he would “have to build five more places” to house the possible new arrivals. Trump’s government has previously deported individuals to El Salvador’s renowned mega-prison, CECOT, which is known for its harsh circumstances. The president has also stated that his government is looking into “legal” ways to transport US people there. On Monday, Trump reiterated that these would only be “violent people,” implying those previously convicted of crimes in the United States. However, he has also proposed it as a punishment for those who destroy Tesla stores to oppose his administration and its benefactor, billionaire Elon Musk.But it would likely be a violation of the U.S. Constitution for his administration to send any native-born citizen forcibly into an overseas prison. Indeed, it would likely even violate a provision of a law Trump himself signed during his first term.

 

Here’s a look at the idea of sending US citizens to prison in a foreign country, why it’s probably illegal, and some potential legal loopholes. If it is legal to do so with immigrants, why not with citizens? Immigrants can be deported from the US, but Americans cannot. Deportation is subject to immigration law, which does not apply to US citizens. Being a citizen includes the right not to be forced to relocate to another nation.

 

If it is legal to do so with immigrants, why not with citizens? Immigrants can be deported from the US, but Americans cannot. Deportation is subject to immigration law, which does not apply to US citizens. Being a citizen includes the right not to be forced to relocate to another nation. Immigrants can be removed, which is what has been happening in El Salvador. The country accepts both its own residents and those sent by the United States, as well as those from Venezuela and maybe other countries that refuse to return their own citizens to the United States. The Venezuelans brought there last month had no opportunity to respond to the evidence against them or appear in court.

 

That’s the agreement the Trump administration reached with Bukele. The United States has sent personnel to El Salvador, Costa Rica, Panama, and other nations despite the fact that they are not citizens. However, international conventions prohibit sending people to countries where they are likely to be persecuted or tortured. Why is the Trump administration looking to transfer people to El Salvador? Bukele refers to himself as “the world’s coolest dictator” and has cracked down on human rights during his tenure. He has also transformed El Salvador from one of the world’s most violent countries into a relatively safe one. Trump has embraced that example, notably during his visit to the Oval Office on Monday.

Sending immigrants from nations such as Venezuela to El Salvador sends a message to other would-be migrants about the dangers of attempting to enter — or remain in — the US. The administration also benefits from the fact that people deported to El Salvador are not subject to US judicial jurisdiction. According to the administration, judges cannot order the release or return of someone detained in El Salvador because the US government no longer has control over them.

 

It’s a potential legal loophole that prompted Supreme Court Justice Sonia Sotomayor to issue a dire warning in her opinion in a 9-0 decision that the administration could not fly alleged Venezuelan gang members to El Salvador without a court hearing, even after Trump invoked an 18th-century law last used during World War II to assert wartime powers. “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 pointed out. She was writing to dissent from the majority accepting the case from the federal court who had blocked the administration from any deportations and had

 

A second case illustrates the dangers of transferring people to El Salvador. The administration concedes that it transferred Kilmar Abrego Garcia, a Maryland man, to El Salvador in error. Abrego Garcia, a Salvadoran immigrant who had not been charged with a crime, was transferred to CECOT despite having an order prohibiting deportation. On Monday, Bukele and Trump sneered at the idea of returning him, despite the fact that the US Supreme Court ordered the administration to “facilitate” his return.

 

So, can they send citizens to El Salvador? Nothing like this has ever been considered in United States history, but it is unlikely. Aside from the fact that US citizens cannot be deported, there are further legal impediments. The United States has extradition arrangements with various nations, and it will extradite a person accused of a crime in that country to stand prosecution there. That appears to be the only method a U.S. citizen can be forcibly removed from the nation under present legislation.

 

“It is illegal to expatriate American citizens for a crime,” wrote Lauren-Brooke Eisen of the Brennan Center for Social Justice in New York. She pointed out that even if the administration seeks to move federal criminals there, claiming they are already detained, it may violate the First Step Act, which Trump championed and signed in 2018. The provision demands that the government endeavor to keep federal inmates as close to their homes as possible so their families can see them—and that anyone jailed farther than 500 miles from their home be transferred to a closer facility.

 

Is there one last loophole? There is one possible loophole that the administration may exploit to deport a small group of Americans to El Salvador. They can attempt to revoke citizenship from persons who earned it after moving to the United States. People who became US citizens after birth might lose their citizenship for a variety of reasons, including financing terrorist organizations or lying on naturalization documents. They would then revert to green card holders and could face deportation if convicted of more major crimes.

 

That’s a small but real group of folks. Perhaps the most crucial aspect is that it would necessitate a loss of citizenship first. In other words, there is most likely no legal means to remove a person from the nation. However, a few individuals may face legal consequences.