On Monday, US President Donald Trump reaffirmed his intention to send US citizens who commit prison in Salvador violent crimes. During an interview with President El Salvador Nayib Bukele Trump, he noted that Bukele could “have to build another five places” to suit the tide, as stated by the Associated Press.
Also read: Salvador President Bukel refuses to return Maryland’s man unauthorized by us: “How can I smuggle a terrorist?”
Trump’s administration has already deported immigrants to the infamous mega-imprisonment of Salvador, known for their serious conditions. Trump also mentioned that his team actively examines “legal” ways to send US citizens to a Central American facility.
Trump insisted on Monday that they were just “violent people”, which means that those who were already convicted of crimes in the United States, although it also hovered as a punishment for those who attacked Tesla to protest against his administration and his patron, billionaire Elon Musk.
Here is a view of the idea of sending US citizens to prison in a foreign country, why it is probably not legal and some possible legal gaps.
If it is legal to immigrants, why not citizens?
Fathers’ immigrants may be deported under immigration law, but US citizens cannot – report laws do not apply to them. One of the fundamental rights of citizenship is protection against violent removal or sending to another country.
Read also: Donald Trump suggests deportation of criminals from the US to Salvador, tells Nayib Bukele to “build five other prisons”
On the other hand, immigrants – documented and non -documented – can be removed, which is currently happening in Salvador. The country receives deported individuals not only from its own population, but also from nations such as Venezuela, and potentially others who refuse to take their citizens back. In particular, Venezuela’s deported deported a proper process in Salvador last month – they did not get a chance to attack evidence against them or appear in front of the judge.
Why does Trump’s administration want to send people to Salvador?
President Nayib Bukele, who refers to himself as the “coldest dictator in the world”, pointed out international attention for his cumbersome approach to administration. While his administration faced criticism for concealing human rights, he also managed to transform El Salvador from one of the most annoying countries in the world to relatively safe. This tough crime model gained praise from former President Donald Trump, who openly accepted the example of Bukele during his oval office meeting on Monday.
Also read: Incorrectly deported man alive in Salvador, says the State Department
The American immigrants’ policy – including those from Venezuela – serves as a sharp warning to potential migrants to Salvador: achieving or remaining in the United States can come with serious consequences. It is a strategy seemingly focused on the hazard conditions of detention of the salvor to discourage unauthorized immigration.
It is a potential legal gap that led the judge of the Supreme Court of Sonia Sotomayor to issue a grim warning at the 9-0 US Supreme Court, finding that the administration cannot fly alleged members of the Venezuelan gang to Salvador without trial, even after Trump caused the last century. Last time, he reported that ap.
“The result of the position of the government is that not only necitizens, but also the citizens of the United States, could be taken from the streets, forced to aircraft and limited to foreign prison prison without remedy,” Sotomayor warned.
Also read: Venezuela undertakes to liberate citizens deported to Salvador Jail
She wrote to disagree from the majority of the case from the federal judge who originally banned the administration from any deportation and ordered the aircraft on the way to Salvador, which turned – the order that the administration apparently ignored.
Wait, so can they send citizens to Salvador?
The United States maintains the issuance of contracts with many countries, allowing it to send citizens abroad to face the court if they are formally accused of crimes committed in these countries. Under current law, this is the only legal mechanism through which the US citizen can be forcibly removed from the country.
However, the idea of sending US citizens to prison, such as Salvador’s Cecot, raises serious legal and constitutional concerns. The US Constitution prohibits a “cruel and unusual punishment” and Cecot – known for its extreme conditions – is the level of hardness far beyond the level in American prisons. In addition, individuals who were sent there would be out of the reach of US federal courts, which would potentially relieve them of constitutionally guaranteed rights, such as a proper process. Such actions would almost certainly face intensive legal control and constitutional challenges.
Also, read: Trump deports the Venezuelan gang to Salvador, despite the decision of the federal judge, he responds with the “laugh of Emodji”
“He is an illegal countryman of American citizens for crime,” wrote Lauren-Brooke Eisen of the Brennan Center for Social Justice in New York.
One last gap?
There is one potential gap that the administration could use to send a small group of citizens to Salvador. They can try to get rid of the citizenship of people who have made it to the United States.
Read also: Venezuela migrants deported to Salvador and Honduras before the court could stop them
The result of the position of the government is that not only necitizens, but also the citizens of the United States, could be taken from the streets, forced to aircraft and limited to foreign prisons without remedy.
People who were American citizens after birth can lose this status for a handful of crimes, such as financing terrorist organizations or lying on naturalization forms. They would then return to the green card holders and potentially eligible to deport if they were convicted of other serious crimes.
(Tagstotranslate) Trump El Salvador
