Controversial Proposal to House U.S. Citizens in El Salvador's Prisons Sparks Debate

El Salvador’s President Nayib Bukele has put forward a highly unconventional proposal to manage criminality by offering to house U.S. citizens—including both convicted criminals and certain migrants—in Salvadoran prisons. The idea, which has received enthusiastic comments from figures such as Donald Trump and Elon Musk, suggests that moving “hardened criminals” out of American prisons could reduce costs and deter crime. Trump even stated that he would be “fine” and “very happy” if this approach were implemented.

Legal experts and constitutional scholars, however, have been quick to decry the plan. They point out that it is not only against U.S. law to deport citizens—regardless of their criminal status—but also that it runs counter to the constitutional rights and international protections that American citizens enjoy. Comments from law professors stress that the absence of any statutory authority for such an action makes the proposal fundamentally unlawful and constitutionally unsound.

During a news conference, U.S. Secretary of State Marco Rubio presented the proposal as a “generous offer” from El Salvador, highlighting the potential financial benefits of outsourcing the incarceration of certain offenders. Despite Rubio’s remarks, the plan faces significant legal and ethical challenges. Critics emphasize that the U.S. Constitution protects citizens from being deported and forced to serve their sentences in foreign prisons, citing a range of constitutional rights that would be compromised under this scheme.

Additional criticism comes from human rights organizations and civil rights groups, which argue that moving people to a country with a troubled record over prison conditions—marked by overcrowding and insufficient sanitation—could lead to severe human rights abuses. These groups express concern that the policy would jeopardize due process and strip individuals of protections provided under U.S. law, provoking widespread alarm about potential impacts on both citizens and immigrants alike.