Legal Quandary: Can The US Send Citizens to El Salvador to Serve Sentences?

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Legal Quandary: Can The US Send Citizens to El Salvador to Serve Sentences?
EL SALVADORCRIMINAL JUSTICEDEPORTATION
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El Salvador's President Bukele's offer to house US criminals in his mega-prison sparks debate on legality and implications.

A controversial offer from El Salvador 's President Nayib Bukele to house U.S. criminals in his country's mega-prison has sparked debate about the legality and implications of such an agreement. During Secretary of State Antony Blinken's first foreign trip, Bukele proposed to incarcerate dangerous American criminals, including U.S. citizens and legal residents, in El Salvador 's Central American Terrorism Confinement Center (CECOT).

Blinken, while acknowledging the generosity of the offer, stated that it requires thorough legal scrutiny due to constitutional constraints and existing legal frameworks. Experts consulted by NBC News raised concerns about the legality of such a proposal. Jennifer Gordon, a law professor at Fordham Law School, emphasized that deporting a U.S. citizen is prohibited, while John Fishwick, a former U.S. attorney, highlighted that transferring a U.S. citizen prisoner to another country for serving their sentence would be highly unusual and raise constitutional questions regarding cruel and unusual punishment. While El Salvador can potentially accept convicted Salvadoran nationals deported from the U.S. and has offered to house foreign nationals arrested in the U.S. for immigration violations, the proposal concerning U.S. citizens presents a complex legal challenge. Bukele clarified that El Salvador is willing to accept convicted criminals, including U.S. citizens, in exchange for a fee, stating that it would make their entire prison system sustainable. However, the details surrounding this offer remain unclear. The Department of Justice and the Federal Bureau of Prisons have yet to provide comment on this potential agreement

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