Secretary of State Antony Blinken is reviewing an offer from El Salvador President Nayib Bukele to house US prisoners in El Salvador's mega-prison. While Bukele claims the offer will make America safer, legal experts question the legality of such a move, citing concerns about U.S. citizenship rights, constitutional protections, and the potential for cruel and unusual punishment.
Current laws “would categorically preclude most U.S. citizens and residents from serving their sentence in El Salvador,” a former U.S. attorney said."That’s an offer President Bukele made. Obviously, we’ll have to study it on our end," Rubio said Tuesday afternoon while speaking to reporters in Costa Rica, the third stop of his first foreign trip as secretary of state."There are obviously legalities involved.
Fishwick added that “housing citizens and residents in a prison located in a foreign state would raise constitutional concerns, especially regarding cruel and unusual punishment … Would El Salvador be considered an agent of the United States? What court would have jurisdiction over prisoner disputes?”
Fordham's Gordon said, “Can the U.S. deport Salvadorans convicted of crimes to El Salvador? Yes. Can El Salvador keep those people in its own prisons? Yes. But as to U.S. citizens, it’s not an immigration question. It’s a prison policy question.” The Terrorism Confinement Center, or CECOT, as Bukele referred to it, is a Salvadoran prison built to house 40,000 people. Instances of extreme overcrowding and torture by guards have been documented at this prison by human rights organizations such as the
IMIGRATION LAW INTERNATIONAL RELATIONS PRISON POLICY CONSTITUTIONAL RIGHTS HUMAN RIGHTS
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