Trump wants to send US citizens to foreign prisons. Legal experts say he can’t.

Trump wants to send US citizens to foreign prisons. Legal experts say he can't.

Trump’s government has deported hundreds of migrants he alleged was a member of the MS-13-Gang-Maluing them “terrorist”-to the famous Mega-Prison Cecot in El Salvador.

Could it be that American citizens who were convicted of violence became the next?

“If this is a homemade criminal, I have no problem,” President Donald Trump told reporters at the Oval office on Monday during his meeting with President Salvador Nayib Bikele.

“If we can do that, it’s good. And I’m talking about cruel people. I’m talking about people who

Before the reporter entered the room, Trump even suggested to Bukele, he had to build more prisons because the mega-prison was not “big enough” to hold the “homegrown” that he wanted to send from the US

“We are studying the law now,” Trump said, after previously saying they “always had to comply with the law.”

He made a similar comment about sending Americans to foreign prisons in February, said at that moment that the law needed to be examined.

Some legal experts told ABC News that such a scenario was not constitutional.

“I do not think that every president who understands the rule of law or who respects the constitutional democracy where we live will even think in this term,” said David Leopold, a lawyer and former president of the American immigration lawyer association.

“The United States is the home of a citizen of the United States. And citizens cannot be deported, point,” Leopold said.

President Donald Trump met with President El Salvador Nayib Pukele at the oval office at the White House in Washington, April 14, 2025.

Kevin Lamarque/Reuters

“There are many constitutional provisions that prohibit the President and Attorney General from sending American criminals to prisons in other countries,” said Michael Gerhardt, a professor of constitutional law at the University of North Carolina.

Some administrative officials have been suppressed to describe the legal reasons what they believe will allow them to do this. So far, they have avoided.

“Well, Jesse, this is the American he said who had committed the most heinous crime in our country. And crime will be dramatically reduced because he has given us direction to make America safe again,” said Attorney General Pam Bondi, who specifically said Trump on Monday night.

“These people need to be locked up as long as they can, as long as the law permits. We will not let them go anywhere. And if we have to build more prisons in our country, we will do it,” said Bondi, especially mentioning the delivery of Americans to the US prison

Press Secretary of the White House Karoline Leavitt was asked on Tuesday whether deporting American citizens to Central American prisons was legal or if administration had to change the law.

“Well, that is another question asked by the President,” answered Leavitt. “This is the legal question being sought by the President.”

White House Press Secretary Karoline Leavitt spoke with reporters in the James Brady Briefing press room in the White House, April 15, 2025, in Washington.

Alex Brandon/AP

Trump and other officials said they would deport American criminals who commit “terrible” crimes. Trump on Monday quoted a criminal who “pushed people to the subway” or “hit the old woman behind his head.”

“Of course, we have the right to be a government to make people dangerous to the community, even to execute people who are dangerous to the community, but they are Americans, they remain here. It is the initial right of citizenship, and always so,” said Amanda Frost, a professor at the University of Virginia School of Law.

Every effort to deport American citizens to prison in El Salvador (prison has been criticized for alleged violations of human rights) or elsewhere is likely to be a violation of the eighth amendment, which prohibits cruel and unusual sentences, Frost said.

Guard Guard Guard Salvador Alleged Members of Venezuelan Gang Trends De Aragua and MS-13 Gang which was recently deported by the US government in Cecot prison, in Tecoluca, El Salvador April 12, 2025.

Presidential Press Secretary through Reuters

One potential gap is possible for Trump’s administration to try to target the naturalized US citizens, who can lose their immigration status if they make betrayal or counterfeiting information during their naturalization process. But the examples are rare.

“If someone is a naturalized citizen, there may be an effort to diesatural the person and deport them,” Frost said. “But then they must have committed a kind of fraud or error in their naturalization process. Unrelated crimes cannot be the basis for decentating and deporting someone.”

However, experts are worried about Trump’s comments about the desire to send Americans to foreign prisons – especially because of legal battles on Kilmar Abrego Garcia continue to play.

Abrego Garcia was detained at the Cecot after being deported wrongly by Trump’s administration last month. Trump and other officials claimed he was a member of the MS-13 gang, even though the government had given a little evidence in court.

The Supreme Court has ordered Trump’s administration to “facilitate” the return of Abrego Garcia to the US and said he was illegally deported. Bondi on Monday said “whatever El Salvador” to return it, and President Salvador Buntele said he would not do it.

“It’s terrible,” Frost said, “because if it’s their view, then assuming they can manage people abroad, they can then raise their hands and say, ‘We can’t do anything about it.'”

ABC News Senior Political Correspondent Rachel Scott on Tuesday asked Trump “Border Czar” Tom Homan whether he believed it was illegal for Trump to send Americans to El Salvador prison. Homan said he had not spoken to the president.

“The idea was very absurd,” Leopold, a former President of the American Immigration Lawyer Association, said. “If it is not so scary that the President of the United States who sits so loosely using rhetoric about deporting citizens of the United States, it will be ridiculous.”

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