In a stunning Oval Office exchange on Monday, President Donald Trump expressed openness to deporting U.S. citizens convicted of violent crimes to El Salvadorâs notorious mega-prison, a proposal that has ignited fierce debate over constitutional protections and due process. Speaking alongside Salvadoran President Nayib Bukele, Trump mused about sending âhomegrown criminalsâ to the Central American nationâs Terrorism Confinement Center (CECOT), signaling a provocative escalation of his immigration crackdown. The remarks, made during a meeting to solidify U.S.-El Salvador deportation ties, have drawn sharp rebukes from legal scholars, Democrats, and even some Republicans, who warn the idea flouts foundational American law.
Trumpâs comments came amid discussions about a controversial deal under which El Salvador has accepted over 250 alleged gang membersâmostly Venezuelansâfrom the U.S. since March, housing them in CECOT for a reported $6 million fee. The arrangement, enabled by Trumpâs invocation of the 1798 Alien Enemies Act, has already stirred legal battles, with courts questioning the deportationsâ legality. Now, Trumpâs suggestion to include American citizens in this pipelineâpotentially without robust legal scrutinyâhas raised alarms about authoritarian overreach, testing the limits of executive power in his second term.
A Radical Proposal Amid a Tense Partnership
The Oval Office meeting, attended by Attorney General Pam Bondi and Secretary of State Marco Rubio, was meant to showcase U.S.-El Salvador collaboration. Bukele, lauded by Trump for his iron-fisted anti-gang policies, has positioned CECOTâa sprawling facility holding 15,000 inmatesâas a solution for U.S. deportees. Trump praised the prison as a âgreat facilityâ and urged Bukele to âbuild more,â framing it as a deterrent for crime. âWe have homegrown criminals that push people into subways, hit elderly ladies with batsâabsolute monsters,â Trump said, per Reuters. âIâd like to include them, but weâre studying the laws.â
The proposal surfaced as Trump deflected questions about Kilmar Abrego Garcia, a Maryland man mistakenly deported to CECOT in March despite court protections. Bukele dismissed calls to return Abrego Garcia, calling the idea âpreposterousâ and akin to âsmuggling a terrorist.â Trump, backed by Bondi and Rubio, insisted the U.S. lacked authority to retrieve him, despite a Supreme Court order to âfacilitateâ his return. The case, exposing flaws in the deportation process, underscored the risks of Trumpâs broader vision. âIf they can do this to a non-citizen,â said Rep. Linda Sanchez (D-CA), âwhatâs stopping them from targeting citizens?â
Legal experts were swift to condemn Trumpâs citizen deportation idea as unconstitutional. The 14th Amendment guarantees citizenship rights, and the Supreme Court has long held that citizens cannot be forcibly removed, except in rare cases like treason or fraudulent naturalization. âThis is a nonstarter,â said Georgetown Lawâs Steve Vladeck. âDeporting citizens, even criminals, violates bedrock principles. Itâs not a loophole you can studyâitâs a wall.â Peter Markowitz of Cardozo Law called it âa dangerous fantasy,â noting that even convicted citizens retain due process rights.
The El Salvador Deal: A Troubled Precedent
Trumpâs remarks build on a contentious U.S.-El Salvador agreement, brokered after Bukeleâs February meeting with Rubio. The deal allows the U.S. to send alleged gang membersâprimarily from Venezuelaâs Tren de Aragua and El Salvadorâs MS-13âto CECOT, bypassing traditional deportation to their home countries. Since March 15, over 260 individuals have been transferred, including 17 more on March 30, despite a federal judgeâs order halting such moves under the Alien Enemies Act.
The Act, last used during World War II, permits deportations of enemy nationals during wartime or âinvasion.â Trumpâs team argues Tren de Araguaâs U.S. presence justifies its use, but critics, including the ACLUâs Lee Gelernt, call it a peacetime abuse. âCongress never intended this for gangs,â Gelernt said. âItâs a pretext to sidestep hearings.â Court filings reveal shaky evidenceâtattoos or clothing often suffice to label someone a gang memberâraising fears of wrongful deportations.
CECOT, a 40,000-capacity prison, has drawn global scrutiny for its conditions. Inmates face windowless cells, metal bunks without mattresses, and mass trials with scant legal recourse. Human rights groups like Cristosal document torture, sexual assault, and 367 deaths, mostly of unconvicted detainees. âItâs a black hole,â said lawyer Lindsay Toczylowski, whose Venezuelan client, a gay artist with no criminal record, was deported based on âbenign tattoos.â
The U.S. has paid El Salvador $20,000 per deportee annually, totaling $6 million so far, with plans to expand. Bukeleâs viral postsâshowing shackled arrivals with shaved headsâbolster his âcoolest dictatorâ image, while Trump calls him a âfriend.â But the dealâs opacity worries analysts. âWeâre outsourcing justice to a regime accused of abuses,â said Human Rights Firstâs Anwen Hughes. âCitizens could be next if this goes unchecked.â
Public and Political Firestorm
Reaction to Trumpâs citizen deportation idea was swift and polarized. On X, some cheered the tough stanceââCriminals donât deserve citizenship,â one user wroteâwhile others decried it as âun-American.â Rep. Alexandria Ocasio-Cortez (D-NY) called it âbone-chilling,â warning of a ânightmarishâ precedent. Sen. Jeanne Shaheen (D-NH) urged compliance with court orders, citing Abrego Garciaâs case as a red flag.
Even Republicans wavered. Sen. Mike Rounds (R-SD), while supportive of Trumpâs immigration push, stressed legal adherence on CNNâs State of the Union. âWe donât know if thatâs feasible,â he said of citizen deportations. Others, like Sen. Marco Rubio, doubled down, praising Bukeleâs âsecurity leadershipâ and framing deportees as âviolent criminals.â
The publicâs unease reflects broader tensions. A YouGov poll shows 46% approve of Trumpâs immigration policies, but only 29% support extralegal measures. Posts on X highlight fears of overreach: âFirst immigrants, now citizensâwhatâs the line?â one user asked. Another warned, âThis is how democracies slide.â
Legal and Practical Hurdles
Trumpâs team insists itâs exploring âlegal pathways,â with Bondi tasked to review statutes. But experts see no wiggle room. âCitizenship isnât a privilege you revoke for crime,â said constitutional scholar Carl Tobias. âExile is banned under international law, too.â The 1957 Trop v. Dulles ruling deems denationalization a âcruel and unusualâ punishment, and no U.S. law permits deporting citizens en masse.
Practically, El Salvadorâs stance complicates matters. Bukeleâs refusal to return Abrego Garcia, despite U.S. court orders, suggests heâd resist citizen transfers unless financially incentivized. âHeâs playing to Trumpâs base and his own,â said analyst Clara Torres. âBut CECOTâs already strainedâ40,000 inmates, no trials. Adding Americans would be logistical chaos.â
Whatâs Next?
The proposalâs fate hinges on legal challenges and political will. The ACLU and Democracy Forward plan to sue if citizen deportations advance, citing due process violations. A D.C. Circuit Court appeal on the Alien Enemies Act looms, with Judge James Boasbergâs rulings under scrutiny. âThis isnât just policyâitâs a constitutional crisis,â said Tobias.
Trumpâs base may rallyâ56% of Republicans back harsher deportation in a Rasmussen pollâbut moderates and independents, key to 2026 midterms, are wary. âHeâs gambling with fire,â Torres said. âPush too far, and the backlash could dwarf the applause.â For now, the idea remains a trial balloon, but its ripples expose a nation divided over justice, citizenship, and the rule of law.
White House press secretary Karoline Leavitt later confirmed that the proposal was on the table, saying Trump had “simply floated” the idea.