U.S. Citizens in El Salvador Reveal A Legal and Ethical Dilemma

Map of Central America with El Salvador flag.

As the Trump administration deports individuals to El Salvador’s notorious super prison, serious legal questions emerge when U.S. citizens end up caught in the dragnet.

Key Insights

Trump’s administration justified deportations to El Salvador’s CECOT super prison using the Alien Enemies Act of 1798, though a federal judge has temporarily halted its use.
Kilmar Abrego Garcia, a Maryland resident with no U.S. criminal record, was deported to El Salvador in what officials later called an “administrative error.”
El Salvador’s mega-prison CECOT holds up to 40,000 inmates without visitation, recreation, or education rights, raising human rights concerns.
The U.S. government agreed to pay El Salvador $6 million for one year of services related to the deportation arrangement.

President Trump Supports Foreign Prison Plan

The Trump administration has taken a firm stance on sending alleged gang members to El Salvador’s maximum-security prison. President Trump openly endorsed the controversial plan, focusing on its potential to address dangerous criminals at a lower cost to American taxpayers. The administration initiated deportation flights targeting individuals allegedly connected to the Venezuelan Tren de Aragua gang and MS-13, despite legal challenges and human rights concerns.

Trump expressed strong support for the arrangement, stating: “I love that. If we could take some of our 20-time wise guys that push people into subways and hit people over the back of the head and purposely run people over in cars, if he would take them, I would be honored to give them.”

The Controversial CECOT Prison

El Salvador’s Center for the Confinement of Terrorism (CECOT) is a key component of President Nayib Bukele’s aggressive anti-crime strategy. The facility can house up to 40,000 inmates in eight pavilions with cells accommodating 65-70 prisoners each. According to reports, inmates receive no visitation rights, recreation time, or educational opportunities. Human rights organizations have consistently raised alarms about conditions in El Salvador’s prison system, citing allegations of abuse, torture, and inadequate medical care.

Critics contend the prison facility serves as both a detention center and propaganda tool. Images of shaved-head inmates packed into cells have been widely circulated online, showing Bukele’s approach to crime. The U.S. agreement to pay El Salvador $6 million for one year of services related to the deportation arrangement has drawn additional scrutiny from those questioning the ethics of outsourcing incarceration to a foreign nation.

Legal Battles Over Wrongful Deportation

The deportation strategy faced a significant setback when U.S. District Judge James E. Boasberg temporarily halted the use of the 1798 Alien Enemies Act, which the administration had invoked to justify the deportations. The situation became more complicated with the case of Kilmar Abrego Garcia, a Maryland resident who was deported despite having legal protection from removal due to potential persecution by gangs in El Salvador.

Trump further said, “I don’t know what the law says on that, I’m all for it. If they can house these horrible criminals for a lot less money than it costs us, I’m all for it.”

Abrego Garcia lived in Maryland with his U.S. citizen wife and son with no criminal record in the United States. The administration admitted to an “administrative error” in his deportation but has resisted efforts to return him to the U.S., citing alleged gang affiliation. His lawyer, Simon Sandoval-Moshenberg, disputed these claims, stating, “He’s not a gang member. The allegations against him are based on whispers and shadows.”

Constitutional and Human Rights Questions

The administration’s deportation strategy raises fundamental questions about constitutional protections and due process. Critics argue that sending U.S. citizens to foreign prisons would violate basic rights guaranteed by the Constitution. Even for non-citizens, legal experts question whether the government can legally transfer individuals to foreign custody without proper judicial proceedings, especially to facilities with documented human rights concerns.

“There are lots of things they could have done, But each one of those is in a court and gives him the opportunity to defend himself. And they didn’t do any of them. They just put him on an airplane,” said Sandoval-Moshenberg.

Vice President JD Vance defended the administration’s tough approach, criticizing media coverage and stating it’s “gross to get fired up about gang members getting deported while ignoring citizens they victimize.” However, legal experts note that regardless of alleged criminal activity, all persons within U.S. jurisdiction are entitled to constitutional protections, including due process before deportation or imprisonment.