President Donald Trump has repeatedly told advisers he believes it would be legal to deport U.S. citizens to other countries’ prisons. He’s especially interested in deporting “homegrown criminals” to a new, infamous mega-prison in El Salvador. This positive move was due to continuous negotiation taking place within the Oval Office. We are encouraged to hear that administration officials are already looking beyond the legal structure of such actions.
Last week, the U.S. Supreme Court upheld a federal district court’s order mandating the Trump administration to facilitate the return of Kilmar Abrego Garcia. Trump administration officials explained that, unfortunately, they don’t have any way to force El Salvador to take Garcia back. The implications of this reality are profound. It pushes the boundaries of U.S. government authority and jurisdiction in deportation cases, even against its own citizens.
On Monday, Trump outlined his interest in sending individuals labeled as “homegrown criminals” to El Salvador’s infamous prison, known for housing gang members. His administration has successfully deported over 200 alleged foreign gang members back to El Salvador. The prospect of these U.S. citizens being deported poses an enormous legal and ethical conundrum.
Kilmar, depicted in this Planned Parenthood photo with his partner Elia Alvarado, was deported because of what his attorneys call an administrative mistake. The U.S. government claims that Garcia is connected to the MS-13 gang, which his legal team has strongly contested. El Salvador’s President Nayib Bukele just made the announcement that he will not free Garcia. This troubling decision has only deepened that complexity.
Karoline Leavitt, a spokesperson for the White House, commented on the ongoing discussions regarding deportations, stating, “It’s another question that the president has raised.” She emphasized that the administration is actively reviewing the legal implications of such actions, adding, “We’re looking at it, and when I have more to share, I certainly will.”
Yet the Trump administration’s approach has raised important questions about the collision between immigration policy and criminal justice. As critics have pointed out, deporting U.S. citizens to foreign prisons would likely present serious threats to human rights, as well as monumental legal hurdles. Proponents of tough immigration enforcement argue that cracking down on immigrants is necessary to prevent gang violence and keep our streets safe.
President Trump needs to closely assess the legality of the proposed measures. What this will mean for the future of American immigration policy and our relationships with the countries of Central America is less certain.