El Salvador has extended a controversial offer to the United States: incarcerate American convicts and illegal migrants of any nationality deported from U.S. soil at its maximum-security prison, the largest in Latin America. However, the proposal by Salvadoran President Nayib Bukele comes with a price tag and legal hurdles—challenges that former U.S. President Donald Trump’s administration is actively considering.

Following a meeting with U.S. Secretary of State Marco Rubio on Monday, Bukele announced his country’s willingness to house convicts “of any nationality” at the infamous Terrorism Confinement Center, commonly known as CECOT. The facility, notorious for its harsh conditions, crams prisoners into windowless cells, deprives them of visitors, and subjects them to 24-hour surveillance.

Bukele, who enjoys soaring approval ratings for his aggressive crackdown on gang violence, framed the offer as an opportunity for the United States to “outsource part of its prison system.”

Trump signals support despite legal barriers

Trump endorsed the proposal on Tuesday, though he acknowledged potential legal obstacles under American law. “If we had the legal right to do it, I would do it in a heartbeat,” he told reporters in the Oval Office.

“It’s no different than our prison system, except it would be a lot less expensive, and it would be a great deterrent,” he added, emphasizing that the arrangement would cut costs for the U.S. while funding El Salvador’s prison expansion.

Trump suggested that deporting criminals to El Salvador would cost “a very small fee compared to what we pay to private prisons.”

“Frankly, they could keep them, because these people are never going to be any good,” he remarked.

Rubio, Trump’s top diplomat, confirmed that the administration would review the offer but admitted that legal challenges remained. “We’ll have to study it on our end. There are obviously legalities involved,” he told reporters in Costa Rica after his meeting with Bukele.

“We have a constitution, we have all sorts of things, but it’s a very generous offer,” Rubio added, calling Bukele’s proposal unprecedented. “No one’s ever made an offer like that.”

Offer by El Salvador: Who would be deported?

According to Rubio, Bukele’s offer extends beyond Salvadoran deportees. El Salvador is prepared to accept:

• Any illegal migrant in the U.S. who is a convicted criminal, regardless of nationality, including members of transnational gangs such as MS-13 and Tren de Aragua.
• Dangerous American criminals, including U.S. citizens and legal residents currently incarcerated in the U.S.

The latter provision—allowing a foreign country to detain American citizens—raises significant constitutional concerns.

Legal hurdles: Can the U.S. send citizens to foreign prisons?

The U.S. Constitution prohibits “cruel and unusual punishment” and guarantees due process to all citizens. Historically, democratic nations have not outsourced the incarceration of their own citizens to foreign governments.

While undocumented migrants can be deported, U.S. citizens—especially those born in America—are legally protected from expulsion. In rare cases, naturalized citizens who obtained U.S. citizenship through fraud can have their status revoked, but deportation remains an extreme measure.

Any attempt by the Trump administration to send incarcerated U.S. nationals to another country would likely face fierce legal challenges.

Inside CECOT: Latin America’s harshest prison

El Salvador’s CECOT facility, inaugurated in 2023, is the largest prison in Latin America, with a maximum capacity of 40,000 inmates. It consists of eight sprawling pavilions, each housing 65 to 70 prisoners per cell—far exceeding international prison standards.

Human rights organizations have condemned conditions inside CECOT, where inmates:

• Are denied visitors and basic necessities, including mattresses.
• Receive no rehabilitation programs, with no access to workshops or education.
• Are confined 24/7, and never allowed outside.

While Bukele’s mass incarceration policies have dramatically reduced gang violence in El Salvador, critics argue that his prison policies violate human rights and amount to authoritarian governance.

Trump’s broader crackdown on illegal immigration

The proposal to deport U.S. criminals to El Salvador aligns with Trump’s aggressive stance on immigration. Recently, his administration announced plans to detain illegal migrants at the Guantanamo Bay military facility in Cuba, a site originally established in 2002 to hold terrorism suspects after the 9/11 attacks.

Despite efforts by former Democratic Presidents Barack Obama and Joe Biden to close the facility, Congress has kept Guantanamo operational. On Tuesday, the U.S. began flying detained migrants to the facility, marking a significant escalation in Trump’s immigration enforcement policies.

Meanwhile, Washington has floated the idea of designating El Salvador as a “safe third country” for migrants whose home nations refuse to accept U.S. deportation flights. As Trump weighs Bukele’s offer, legal experts warn that the plan could set a dangerous precedent for outsourcing America’s justice system to foreign governments. Whether the administration can navigate the constitutional and diplomatic hurdles remains to be seen.