The infamous El Salvador mega prison can hold as many as 40,000 inmates
The president is apparently keen on the idea of sending American inmates abroad to one of the ‘world’s worst’ jails, but isn’t so clear on the legality of the matter.
In a bold move last month, the United States deported 261 foreign nationals accused of criminal activity, transferring them to the notorious mega-prison in El Salvador—marking a dramatic step in President Donald Trump’s intensified immigration crackdown.
The sweeping deportations were made possible by the reactivation of a rarely used piece of wartime legislation—the Alien Enemies Act of 1798. This historic law grants the government the power to expel individuals accused of gang ties or criminal conduct without the need for formal court proceedings.
Of those deported, 238 were allegedly linked to the violent Venezuelan gang Tren de Aragua, while 23 were suspected members of the infamous MS-13. The controversial policy has sparked fierce debate, drawing attention both for its aggressive stance and its revival of centuries-old legal authority.
El Salvador’s notorious mega-prison, already infamous for housing some of the most dangerous Venezuelan gang members and mass murderers, has earned a grim reputation for its brutal conditions. Inmates are confined to their cramped cells for 23.5 hours a day, surrounded by mostly metal furniture—an environment starkly different from the so-called ‘luxuries’ of American prisons.
But President Donald Trump is leaving the door open for the possibility of sending U.S. citizens to these harsh conditions as well—though the legality of such a move remains questionable. When asked by reporters if he’d be willing to transfer American prisoners to foreign jails, Trump responded with uncharacteristic enthusiasm: “Well, I love that.”
He went on to suggest that, if El Salvador’s President Nayib Bukele were willing, he’d consider sending some of the country’s most notorious criminals—those responsible for heinous acts like subway assaults, random attacks, and deadly car crashes—to the El Salvador prison.
“If we could take some of our 20-time ‘wise guys’ who push people into subways, hit people over the back of the head, or purposely run them over in cars, if he’d take them, I’d be honored to send them,” Trump said. “If they can house these horrible criminals for a lot less money than it costs us, I’m all for it.”
However, Trump quickly added that any such move would be made “according to the law,” admitting, “I don’t know what the law says on that, but I can’t imagine the law would say anything different.”
Trump’s latest comments come shortly after returning to the White House, where he expressed interest in establishing a penal colony for U.S. convicts. His proposal suggested that the U.S. could pay foreign countries a “small fee” to house some of the nation’s most dangerous repeat offenders.
He elaborated on his plan, stating: “Why should it stop with just people who cross the border illegally? We have some horrible criminals, American-born and bred, and if we have someone who bops an old woman over the head, or a person who’s been in jail 20 times, goes back and shoots people, and then faces a bad judge or prosecutor who does nothing, all they care about is politics. If we could get El Salvador, or someone else, to take them, I’d be very happy with it—but I have to see what the law says.”
However, the plan has been met with significant backlash. Critics quickly pointed out that such a proposal would likely violate international human rights laws, as outlined in discussions on Reddit.
“Incarcerated U.S. citizens do not lose their human rights,” one user wrote. “Sending them to a foreign prison would seemingly violate those rights.”
Another user referred to the concept as “rendition,” calling it “blatantly illegal.”
A third commenter added, “Due process, citizenship, and justice aren’t negotiable. This isn’t leadership. It’s authoritarian fantasy.”
