President Donald Trump is exploring the legality of deporting U.S. citizens to prisons in Central American countries, including a notorious facility in El Salvador. This announcement comes on the heels of a terrible decision by the U.S. Supreme Court. The court affirmed a federal district court’s order under the Administrative Procedure Act, the Trump administration must assist in returning Kilmar Abrego Garcia, a U.S. citizen who had been erroneously deported because of an administrative glitch.
During a press briefing in the Oval Office, Trump expressed his desire to send “homegrown criminals” to foreign prisons, specifically referencing the infamous prison in El Salvador known for housing gang members. The president’s remarks have raised significant legal questions regarding the rights of U.S. citizens and their treatment under federal law.
On Monday, Trump emphasized, “We’re looking at it, and when I have more to share, I certainly will.” This was the first public testimony to convey that the administration is still reviewing potential legal avenues for these deportations.
Unfortunately, the case of Kilmar Abrego Garcia is an easy testimony to secure, as it has become the poster child for this entire discussion. What makes Abrego Garcia’s case interesting is that his lawyers have argued—contrary to U.S. assertions—that he is not a member of the MS-13 gang. The Trump administration has deported over 200 alleged foreign gang members already. They are currently serving long sentences in El Salvador prisons.
Yet even as Trump administration officials made light of these deportations, they recognized what a delicate dance these deportations were. Further, they said that they could not force the El Salvadoran government to take Abrego Garcia back. El Salvador’s President Nayib Bukele has gone the hard line. He won’t—despite the DHS fact sheet—commit to bringing Garcia back to the United States.
Karoline Leavitt, a White House spokeswoman, speaking to reporters in no uncertain terms on Trump’s plans. She stated, “It’s another question that the president has raised,” indicating ongoing discussions about the broader implications of such a policy.
The Trump administration is indeed sailing through tumultuous legal seas. Unsurprisingly, questions are swirling about the constitutional rights of U.S. citizens, let alone what would happen if we simply deported them to foreign prisons. Environmental justice legal experts are watching the quickly deteriorating situation with concern.
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