Can Trump deport American citizens to Salvador? | Donald Trump News

After the deportation of 238 members of the alleged Venezuelan gang and 23 members of the Salvadorian gang to Al -Salvador Al -Aqsa prison last month, US President Donald Trump is now thinking The deportation of criminals who are citizens of the United States Also there, he told reporters on Monday.

But Trump’s recent plan will most likely face multiple legal challenges. Experts say that Trump himself has signed a draft law during his first term, which may make such deportation more difficult.

So what is Trump’s plan, what are the legal challenges and can it be legal to deport an American citizen from the United States?

Who did Trump already deported El Salvador?

Last month, Trump deported 238 members From the Venezuelan gang, Treen de Aragua, as well as 23 members in the Silvadori gang MS-13 to El Salvador.

These men are now being held at the Centro De Confinamiento de Terrorismo or Cecot, a 40,000 prison prison, the maximum prison in El Salvador.

To facilitate this, the Trump administration has concluded a deal that the US government will pay El Salvador about 6 million dollars to detain the members of Trine de Aragoa for a year.

Trump also called for the “Zombie” law in wartime of 1798, the law of foreign enemies, to enable deportation. This law allows our presidents to detention or deport non -citizens during the war period. Before Trump used this, only three times: during the 1812 war, the First World War and the Second World War.

Trump’s use of the law is controversial, and critics also argue that the United States is not currently being subjected to any “invasion” threat as a result of its presence in the war. An explanation article from the Brennan Center for Justice in 2024 argued that invoking the law “at the time of peace to bypass the traditional immigration law will be an amazing mistreatment”, and the attempt should be put by the courts.

Another point of controversy is that, as well as the alleged gang members, Trump also deported Trump Kilmar Armando Abyerigo GarciaSilvadori is 29 years old, who lived in Maryland for 14 years and is married to an American citizen.

In 2019, Abrego Garcia was arrested before the enforcement of American migration and customs in Maryland after one of the informants told the police that Abrago Garcia was a terrorist MS-13. Abro Garcia’s lawyers denied this allegation, noting that there was no evidence that Abyerigo Garcia belongs to the MS-13.

Later in 2019, Immigration Judge Alago Garcia granted immigration protection called “blocking removal”, which prevents him from returning to El Salvador and allowed him to stay in the United States.

The government described his deportation as an “administrative mistake”, but it still claims that Abyerigo Garcia has ties with the MS-13. The President of El Salvador Nayeb Boucley said that he will not return Abugo Garcia, who is now being held in Cecot, to the United States.

“The question is incredible. How can I smuggle a terrorist to the United States?” A precursor to reporters said on Monday.

In order not signed on Thursday, however, the US Supreme Court Unanimously In Resolution 9-0 that Trump should facilitate the return of Abo Garcia to the United States. The court currently includes a majority of 6-3 governorate.

What did Trump said about the deportation of American citizens to El Salvador?

Trump The President of El Salvador hosted the Agent At the White House of Bilateral Diascies on Monday, they discussed the last deportation as well as plans for more – this time from American citizens.

“I said that the locals are the following, and the local house. You should build about five other places.” Through “Homegroys”, Trump was referring to criminals with American citizenship.

On Monday, the US President told the correspondent that he hoped to deport American citizens who are criminals to El Salvador. The agent said it would be open to the housing of American prisoners as well. However, Trump admitted that he would not be able to move forward in this plan if it turns out to be legal, and that he would only deport citizens who “violent criminals”.

“We always have to obey the laws, but we also have local criminals who pushed people to the subway, who hit the elderly women on the back of his head with a Bastoul striker when they do not look, and this is absolute monsters,” Trump said.

“I would like to include them in the group of people to get them out of the country, but you must look at the laws related to it.”

During a media briefing on Tuesday, Caroline Levitte told the White House journalist, that Trump “will not be considered only (the US citizens send to El Salvador), if legally, for Americans who are the most violent, terrible, repeated crime that no one in this room wants to live in their societies.” There were no additional comments on the legal considerations that the administration will make.

Will it be illegal to deport American citizens?

When I asked Fox News Jesse Watters Public Prosecutor, Bam Bondi On Tuesday, if the deportation of American citizens is legal, she only said: “These Americans who say they have committed the most heinous crimes in our country, and the crime will decrease significantly because it gave us a directive to make America safe again.

“These people need to be imprisoned as long as they can, as long as the law allows. We will not allow them to leave anywhere, and if we have to build more prisons in our country, we will do that.”

However, immigration law experts say the plan will not be legal. “No, he (Trump) does not send citizens to El Salvador,” Klif Stafford Smith’s human rights lawyer told human rights lawyer.

“It will be unconstitutional to remove American citizens to a foreign country to prison,” Bruce Vin, an American lawyer who specializes in constitutional and international law, told Al -Jazeera.

What are the legal challenges that can be faced?

There is a series of legal challenges that can make Trump’s recent idea not possible, including:

• Eighth modification: This constitutional amendment prohibits “harsh and unusual penalties. Cecot It is famous for the mistreatment of prisoners, and the ban on visits, education and entertainment according to multiple reports, including a statement issued by Human Rights Watch in March 2025.
• Fourteenth modification: The fourteenth amendment of the United States constitution refuses that the American citizen You cannot lose Their nationality, unless they surrender, are good. Being a citizen in a country requires that it cannot be removed from your country and sends it abroad.
• First step law: This draft law, which was approved by Congress and its signature in Trump’s law in 2018, includes a term stating that federal inmates should be accommodated as soon as possible from their homes. This is to make a family visit, which is not allowed in CECOT, which is a smoother process. The bill calls for anyone in prison more than about 800 km (500 miles) away from home to approach.

Can Trump exceed these legal challenges?

One of the legal gaps that the Trump administration can take advantage of is that in rare cases, people who are not born in the United States are not born but not born in the United States Naturalization They can lose their nationality.

A resident of a country can obtain citizenship by naturalization after spending a certain time in the country and usually proves that it has acquired American culture. To become a homogeneous American citizen, you must be over the age of 18 and have lived continuously in the United States as a green card holder for five years, or three years if you are married to an American citizen.

Citizens can lose their nationality or become distorted if they commit specific crimes, including terrorism, war crimes, human rights violations, sex crimes, or fraud. The removal of thyroid gland can also occur to a person who actually commits betrayal against the United States, or a person running for public positions or joining the army of a foreign country.

Vin told Al -Jazeera that if an American citizen was imprisoned in a foreign country, he could play scenarios similar to the issue of Abyerigo Garcia. He said: “Trump can violate the constitution secretly, and then claims that he was unable to return the American citizen to the United States, such as Abyerigo Garcia.”

Fein said: “Foreign prison will be challenged immediately in court and another collision between Article 2 and Article 3 as we see is revealed with Abyerigo Garcia.” Article 2 of the American Constitution gives the executive authority of the US President, while Article 3 shall put the judiciary in the Supreme Court. In the ABREGO Garcia case, the Supreme Court decided to return Abrego Garcia to the United States, while the Trump administration is not planning to return it.

Vin said: “The constitution is under stress as it has not happened before since the civil war.”

“The problem is how it is permissible for the American court to implement an order that it is illegal. The courts always rely on the good intention of the relevant governments, and at a time of right -wing populism, goodwill sometimes lack,” Smith said.