El Salvador has agreed to house violent US criminals and receive deportees of any nationality, US Secretary of State Marco Rubio announced Monday, in an unprecedented โ and legally problematic deal โ that has alarmed critics and rights groups.
Rubio unveiled the agreement after meeting with Salvadoran President Nayib Bukele, as part of a tour of several Central American countries intended to consolidate regional support for the Trump administrationโs immigration policy.
โIn an act of extraordinary friendship to our country โฆ (El Salvador) has agreed to the most unprecedented and extraordinary migratory agreement anywhere in the world,โ Rubio told reporters Monday.
The country will continue accepting Salvadoran deportees who illegally entered the US, he said. It will also โaccept for deportation any illegal alien in the United States who is a criminal from any nationality, be they MS-13 or Tren de Aragua and house them in his jails,โ he said โ referring to two notorious transnational gangs with members from El Salvador and Venezuela.
In addition, Bukele โhas offered to house in his jails dangerous American criminals in custody in our country, including those of US citizenship and legal residents,โ Rubio said.
It is unclear whether the US government will take up the offer, however, with questions around the legality of such moves. Any effort by the Trump administration to deport incarcerated US nationals to another country would face significant legal pushback.
โThe US is absolutely prohibited from deporting US citizens, whether they are incarcerated or not,โ Leti Volpp, a law professor at UC Berkeley who specializes in immigration law and citizenship theory, told CNN over email.
US Secretary of State Marco Rubio meets with President Nayib Bukele at his residence at Lake Coatepeque in El Salvador, Monday, February 3, 2025. Mark Schiefelbein/AP
Bukele later confirmed the agreement with Rubio on X, saying in a post, โWe are willing to take in only convicted criminals (including convicted US citizens) into our mega-prison (CECOT) in exchange for a fee.โ
El Salvadorโs Terrorism Confinement Center, commonly referred to as CECOT, is the countryโs largest and newest prison, with a maximum capacity of 40,000 inmates.
โThe fee would be relatively low for the US but significant for us, making our entire prison system sustainable,โ he added.
Bukele has been credited with greatly reducing gang violence in the Central American country since launching a sweeping crackdown in 2022 that has seen more than 81,000 people jailed. But while the countryโs crime rate has fallen, the treatment of those imprisoned has triggered outrage among human rights organizations who call El Salvadorโs prisons inhumane.
The State Departmentโs travel advisory for El Salvador also warns that those imprisoned in the country face โharshโ prison conditions, without access to due process.
โOvercrowding constitutes a serious threat to prisonersโ health and lives,โ the advisory says. โIn many facilities, provisions for sanitation, potable water, ventilation, temperature control, and lighting are inadequate or nonexistent.โ
Those within the Trump administration and the presidentโs allies have been quick to praise the announcement, with Elon Musk calling it a โgreat ideaโ in a post on X. But rights groups condemned the agreement, and critics warned that such a plan could be part of democratic backsliding. (CNN)