Trump weighs plan to outsource US prisoners to El Salvador

US President Donald Trump expressed interest on Tuesday in El Salvador’s offer to house violent US convicts but acknowledged that the move raises significant legal questions.
US secretary of state Marco Rubio, who brokered the deal with Salvadoran President Nayib Bukele, also admitted that constitutional issues must be addressed before the plan can proceed.
During a meeting with Bukele on Monday, Rubio secured a commitment that El Salvador would accept deported criminals of any nationality, including American citizens and legal residents convicted of violent crimes. Bukele confirmed the offer on X, saying that his country is willing to “outsource part of the US prison system” for a fee that would be affordable for the US but beneficial to El Salvador.
El Salvador’s prison system has been under international scrutiny for its harsh conditions.

According to the state department, its facilities suffer from overcrowding, poor sanitation, and inadequate access to basic needs like potable water and ventilation. The country’s new mega-prison (CECOT), built under Bukele’s administration, can house 40,000 inmates and prisoners are subjected to severe restrictions, including no visits or rehabilitation programs.
Speaking at the Oval Office, Trump emphasised that he is eager to move forward with the plan if legally permissible. “I’m just saying, if we had the legal right to do it, I would do it in a heartbeat,” he told reporters, according to AP.
However, he acknowledged uncertainty over whether US laws allow the transfer of American citizens to foreign prisons.
Trump also claimed that “numerous, many” countries have expressed interest in taking American prisoners, although he did not specify which ones, USA Today reported. He argued that outsourcing the incarceration of violent criminals would reduce costs for the US while ensuring these offenders are permanently removed from society.
Rubio, speaking alongside Costa Rican President Rodrigo Chaves, admitted that the legal framework for outsourcing US prisoners remains unclear. “We have a Constitution,” he said, emphasising that any such move would need to be carefully vetted.
Critics argue that banishing American convicts to foreign countries could violate their constitutional rights, particularly those concerning due process and humane treatment.
Meanwhile, Trump’s aggressive foreign policy shifts have sparked controversy within the US government. Thousands of USAID employees have been laid off amid a sweeping freeze on foreign aid, and Rubio has signalled that the state department may absorb parts of USAID, AP reported. The reorganisation has left aid programs in limbo, further complicating US-Central America relations.
Bukele’s proposal comes as El Salvador continues its crackdown on gang violence, which has led to the mass incarceration of over 83,000 people with limited due process.
While Bukele’s policies have significantly reduced crime, human rights groups warn of widespread abuses in the country’s prisons.
Despite the legal uncertainties, Trump remains eager to outsource prisoners, particularly those convicted of violent and repeat offences. “These people are never going to be any good,” he said, suggesting that once transferred, they would remain in El Salvador permanently, as per USA Today.