By Mary Jones, Don Perry & Ben Emos | Wednesday, February 5, 2025 | 4 min read
El Salvador has struck a controversial agreement with the Trump administration to house violent criminals from the U.S. and accept deportees of any nationality, officials from both countries announced Monday. The unprecedented deal has sparked criticism from human rights groups and legal experts, who warn of serious humanitarian and legal consequences.
U.S. Secretary of State Marco Rubio unveiled the agreement after meeting with Salvadoran President Nayib Bukele, a close ally of Donald Trump Jr., during his tour of Central America to advance the administration’s migration agenda.
“In an extraordinary gesture of friendship to our country, El Salvador has agreed to the most unprecedented and far-reaching migration deal in the world,” Rubio told reporters.
Under the agreement, El Salvador will continue accepting its own citizens deported from the U.S. after entering illegally. However, in a dramatic shift, the country has also agreed to take in deported criminals regardless of nationality. This includes individuals with ties to violent transnational gangs like MS-13 and Tren de Aragua, according to Rubio.
The deal raises serious concerns about El Salvador’s ability to handle an influx of foreign criminals and whether the agreement will hold up under legal scrutiny.
A Prison for U.S. Criminals
Rubio stated that President Bukele has proposed detaining dangerous criminals from the U.S., including American citizens and legal residents, in Salvadoran prisons. Bukele confirmed the proposal on X, writing, “We are willing to take in only convicted criminals, including U.S. citizens, into our mega-prison (CECOT) in exchange for a fee.”
CECOT, a massive maximum-security facility built in 2023 to crack down on MS-13 and other gangs, has become a symbol of Bukele’s hardline approach to crime. Located about 45 miles (72 kilometers) southeast of San Salvador, the prison can hold up to 40,000 inmates across eight sprawling pavilions, with each cell packed with up to 70 prisoners.
Bukele has framed the deal as a financial opportunity, stating, “The fee would be relatively low for the U.S. but significant for us, making our entire prison system sustainable.”
However, human rights organizations have strongly condemned the conditions inside CECOT, calling them excessively harsh. Inmates are denied visitors and have no access to outdoor time, raising concerns about potential human rights violations.
Backlash and Legal Uncertainty
It remains unclear whether the U.S. government will fully embrace Bukele’s offer, as legal experts question the constitutionality of deporting American citizens to a foreign prison.
Criticism of the deal was swift. Human rights organizations warned that it could signal democratic backsliding, while Latino advocacy groups called it a betrayal of American values.
Roman Palomares, National President of the League of United Latin American Citizens (LULAC), denounced the policy, arguing that non-criminal migrants were being treated like “cattle” shuffled between countries without regard for their origins.
“These are human beings, and their lives are being destroyed,” Palomares said.
Ahead of the announcement, Mneesha Gellman, a professor at Emerson College, criticized the U.S. proposal, arguing that it essentially involves sending people to countries that are neither their homeland nor places they even traveled through.
“This is an unprecedented and frankly bizarre proposal, seemingly driven by two authoritarian, populist leaders looking to strike a transactional deal,” said Gellman, an expert in international politics. “It has no legal basis and almost certainly violates international laws protecting migrants’ rights.”
Manuel Flores, general secretary of El Salvador’s left-wing Farabundo Martí National Liberation Front party, also condemned the move.
“What are we now? Backyards, front yards, or dumping grounds?” he asked, referring to El Salvador and other Central American nations expected to take in migrants expelled from the U.S.
While Bukele presents the deal as a pragmatic solution to crime and migration, legal and ethical concerns cast a long shadow over its implementation. If the U.S. moves forward with deporting its own citizens or non-Salvadoran criminals to El Salvador, it could face significant legal challenges and international backlash.
For now, the fate of thousands of deportees—and the integrity of international law—hangs in the balance.
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