Trump now intends to send US citizens to El Salvador prison, but can he legally?

US President Donald Trump has repeated his controversial idea of sending violent US citizens to prison in El Salvador. Speaking with El Salvador’s President Nayib Bukele on Monday,(14 April ’25) Trump remarked that Bukele might need to “build five more places” to accommodate the potential influx. The Trump administration has already deported non-citizens to El Salvador’s Central Confinement Centre for Terrorism (CECOT), a massive prison notorious for its harsh conditions. Trump has also said his team is exploring "legal" options to send American citizens there as well.

Trump emphasised that only "violent people" would be sent, suggesting that the individuals would already have criminal convictions in the US. He also hinted at using this measure as a punishment for those involved in protests at Tesla dealerships, seen as aligned with his administration’s ally, Elon Musk. However, forcibly sending US citizens to a foreign prison could violate the Constitution. In fact, it may even breach a law that Trump himself signed during his first term.

While immigration law allows for deportation of non-citizens, US citizens cannot legally be expelled from the country. Citizenship protects individuals from being forcibly relocated abroad. The current deportations to El Salvador primarily involve immigrants — including Venezuelans — many of whom are sent without legal hearings or the chance to present evidence. Under international agreements, individuals cannot be sent to countries where they might face torture or persecution. Bukele, who calls himself “the world’s coolest dictator”, has been both criticised for human rights violations and praised for reducing violent crime in El Salvador. Trump has openly supported Bukele’s security policies, including during their meeting on Monday. By sending individuals to El Salvador, the administration also circumvents US legal jurisdiction. The government argues that once people are no longer under US control, federal courts cannot intervene or demand their return.

This legal grey area prompted Supreme Court Justice Sonia Sotomayor to raise concerns. In a 9–0 ruling, the Court held that alleged Venezuelan gang members could not be flown to El Salvador without due process, despite Trump invoking an outdated wartime law to justify the move.Sotomayor warned: “The implication of the Government’s position is that not only noncitizens but also United States citizens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...While such actions are unprecedented, legal barriers still make them unlikely. Extradition is currently the only established method by which a US citizen can be lawfully sent to another country — and only if they are wanted for crimes committed there. The US Constitution prohibits “cruel and unusual punishment.” Conditions at CECOT are widely viewed as harsher than US prison standards. Since federal courts lack authority there, deportees may lose access to constitutional protections such as due process.

Lauren-Brooke Eisen from the Brennan Center for Justice wrote, “It is illegal to expatriate US citizens for a crime.” She also noted that even relocating federal prisoners to CECOT could clash with the First Step Act — a law Trump endorsed in 2018. It mandates that inmates be held close to home to maintain family contact, and permits transfers if prisoners are located more than 500 miles away from their families.

One possible legal pathway could involve stripping citizenship from naturalised Americans...This applies to a limited group, and even then, citizenship must be revoked first. In short, there appears to be no current legal means to expel US-born citizens from the country — but a select few could still face legal jeopardy.