During a joint press conference at the White House with Salvadoran President Nayib Bukele, former U.S. President Donald Trump floated a controversial proposal to deport violent criminals — including U.S. citizens — to El Salvador, where they would be incarcerated under an agreement with the Central American country.
The proposal marks one of Trump’s most direct suggestions yet that some naturalized and even U.S.-born citizens could be subject to deportation, raising immediate alarms among civil rights advocates and constitutional scholars. Many experts view such action as legally dubious and potentially unconstitutional.
“We always have to obey the laws,” Trump said, “but we also have homegrown criminals that push people into subways, that hit elderly ladies on the back of the head with a baseball bat when they’re not looking — absolute monsters. I’d like to include them in the group of people to get them out of the country, but you’ll have to be looking at the laws on that.”
Trump added that the idea would only move forward if his administration determined it to be legally permissible. He did not clarify what kind of due process protections, if any, an American citizen might receive before being deported.
The proposal gained further traction when Trump told reporters last week that he “loved” the idea after Bukele publicly expressed willingness to house U.S. prisoners. On Monday, White House Press Secretary Karoline Leavitt confirmed that the proposal remains “on the table,” describing Trump’s comments as merely having “floated” the idea.
The U.S. has already been sending non-citizen migrants with alleged gang affiliations to El Salvador under a separate agreement, which includes a $6 million payment to the Salvadoran government. Many of those deported have been incarcerated in El Salvador’s infamous Terrorism Confinement Center, a massive prison known for harsh conditions.
The proposal also comes amid renewed scrutiny of a high-profile deportation case. Kilmar Abrego Garcia, a Salvadoran national deported from the U.S. despite a judicial order blocking his removal, remains imprisoned in El Salvador. The U.S. government later described his deportation as an “administrative error.”
Last week, the U.S. Supreme Court upheld a lower court ruling directing the administration to “facilitate and effectuate” Abrego Garcia’s return, although the justices noted the term “effectuate” was vague and potentially beyond a judge’s authority.
In a court filing on Sunday, the U.S. government said it was under no obligation to assist in securing Garcia’s release or return. Bukele reaffirmed that position on Monday, stating he had no intention of returning or releasing Garcia — a stance Trump endorsed. “I’m not interested in asking for him back,” Trump said.
Legal analysts warn that any attempt to deport U.S. citizens could provoke serious constitutional challenges. The 14th Amendment guarantees citizenship to all persons born or naturalized in the United States and grants them full legal protections, including due process under the law.
As Trump continues to campaign on a hardline immigration and crime platform ahead of the 2024 election, his remarks may appeal to parts of his political base but are likely to deepen concerns over civil liberties and the limits of executive power.