Legal experts say the deal is almost certainly illegal, but President Donald Trump’s enthusiasm for such a proposal could signal dramatic policy shifts ahead.

On February 4, Trump expressed interest in accepting El Salvador’s offer to imprison convicted criminals—including American citizens—at its notorious “mega prison,” according to the New York Times.

"If we have the legal authority to do this, I’ll do it immediately," Trump said.

A Highly Unusual Proposal

Legal experts argue that Trump almost certainly lacks the legal authority to carry out such a plan. Any attempt to implement President Nayib Bukele’s proposal would likely face major court challenges.

However, Bukele’s offer—essentially turning El Salvador into an “exile camp” for U.S. convicts—demonstrates how far he is willing to go to position himself as Trump’s closest ally in a region the U.S. president often overlooks.

For Trump, even considering such a radical idea signals his willingness to take extreme measures to project toughness on crime and illegal immigration.

“This is highly unusual, unprecedented, and alarming on many levels,” said Michael E. Shifter, a senior fellow at the Inter-American Dialogue in Washington.

“I know many experts are questioning the constitutionality and legality of this deal. But Bukele has built absolute power in El Salvador, and Trump appears to be following a similar path by minimizing or eliminating any checks on his authority.”

Bukele, who has reshaped his country through mass crackdowns on both gangs and civil liberties, said he is open to housing deported criminals in El Salvador’s Terrorist Confinement Center. The prison, built to hold 40,000 inmates, has drawn heavy criticism from human rights groups over overcrowding and reports of torture.

Despite legal concerns, the proposal has received praise from U.S. Secretary of State Marco Rubio and Elon Musk, a powerful Trump advisor leading efforts to restructure the U.S. government.

The deal would extend beyond Salvadoran nationals, applying to undocumented immigrants from any country who have criminal convictions.

“There are clear legal issues. We have a Constitution,” Rubio told reporters in Costa Rica on February 3.

“But this is a very generous offer.”

However, experts argue that those “legal issues” essentially render the deal impossible.

"Sending American prisoners to another country is illegal," said Andrea Flores, vice president of immigration policy at FWD.us and a former National Security Council official.

"This likely violates the Constitution and protections against cruel and unusual punishment."

A Strategic Opportunity for Bukele

While legal and immigration experts believe Bukele’s proposal may simply be a political move to win Trump’s favor, the White House and its advisors see El Salvador as a key partner in immigration enforcement.

In 2019, El Salvador signed a “safe third country” agreement to accept non-Salvadoran migrants detained in the U.S., though the deal was never enforced due to the COVID-19 pandemic.

Trump’s immigration advisors are reportedly considering expanding such agreements across the region if he returns to power.

Bukele has stood out in Latin America as a leader eager to strengthen ties with Trump, even if it means cooperating on harsh immigration policies.

Similar to Trump, Bukele has built his brand as an outsider willing to bypass traditional government institutions in his crackdown on crime.

El Salvador once had one of the world’s highest murder rates, but killings have plummeted under Bukele’s emergency decree, which allowed mass military-led arrests of tens of thousands—many without trial.

To promote his prison deal, Bukele shared images of shirtless, tattooed prisoners packed tightly together with armed guards standing watch, presenting his crackdown as a model for U.S. law enforcement.

Trump’s Tough Crime Rhetoric

While endorsing Bukele’s proposal on February 4, Trump renewed his hardline stance against crime in the U.S..

However, crime statistics do not fully align with his rhetoric. The U.S. murder rate actually increased during Trump’s first term before declining under President Joe Biden.

"This administration thrives on spectacle and intimidation," Shifter said.

"And no one in Latin America does it better than Nayib Bukele."

"I expect even more dramatic displays of power between Bukele and Trump’s administration moving forward."

(Sources: New York Times, AP, Reuters)

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