U.S. considers sending prisoners to the Salvadoran mega-prison: a legal and humanitarian debate

The recent proposal by Salvadoran President Nayib Bukele to receive U.S. prisoners in his mega-prison has sparked intense debate over its legal viability and implications for human rights. President Donald Trump showed interest in this initiative, especially for cases considered "more serious.

During the visit of U.S. Secretary of State Marco Rubio to El Salvador, Bukele presented what Rubio described as "the most extraordinary and unprecedented migration agreement in the world." The proposal includes not only receiving irregular immigrants but also American convicts in exchange for financial compensation.

I only say that if we have the right to do it, I would do it in an instant, said Trump, although he acknowledged that they are evaluating the legality of the measure. The proposed destination would be the Terrorism Confinement Center (Cecot), a facility that can house up to 40,000 inmates.

Legal experts point out significant obstacles. Alex Cuic, an immigration lawyer and professor at Case Western Reserve University, explains that while naturalized citizens could lose their citizenship in specific cases, those born in the U.S. are protected against deportation. "Citizenship is not necessarily forever if you are naturalized," says Cuic.

The Cecot, inaugurated in 2023, has been the subject of criticism for its conditions. The prisoners stay 24 hours in windowless cells, with temperatures reaching 35°C and are only allowed 30 minutes of daily exercise in enclosed corridors. Miguel Sarre, a former member of the United Nations Subcommittee on Prevention of Torture, described it as a "concrete and steel well.

Shev Dalal-Dheini, from the American Immigration Lawyers Association, emphasizes that there is no precedent for sending native U.S. citizens to serve sentences abroad, although legal permanent residents could face deportation under certain circumstances.

This proposal arises at a time of tense relations between the United States and its neighbors, marked by threats of trade tariffs. For some analysts, Bukele's "unprecedented offer of friendship" could be a strategic move to gain Trump's favor amid this complex diplomatic landscape.

With information from BBC.