Can American criminals be sent to Mega-Jail El Salvador?
Editor of Latin America, BBC News Online
US Secretary of State Marco Rubio could not have been more commendable regarding the agreement he had made with President El Salvador on Monday.
The top diplomat of Trump’s administration seemed to be a delighted but amazed by the fact that President Nayib Bukele was to “agree to the most unusual, extraordinary, extraordinary, extraordinary migratory agreement anywhere in the world.”
Bukele offered to take over people deported from the US, regardless of their nationality, and place them in Mega-Jala El Salvador.
“We can send them and he will put them in his prisons,” Rubio said.
Although this was already a victory for President Donald Trump, whose priority was to accelerate the removal of unfathomable migrants from the USA, a real surprise came in the part of the agreement he ruined the following.
“He [Bukele] He also offered to do the same for dangerous criminals who were currently in custody and serving their penalties in the United States, although the US nationals are now or legal residents, “Rubio said.
Salvador leader later confirmed that he “offered the United States the opportunity to outsourcing part of his prison system.”
He explained that El Salvador would be “willing only convicted criminals” and that his government would do so “in exchange for compensation”.
Bukele also revealed where to place those deported from the US: “Our Mega Prison.”
Mega-jail, also known as Cecot (abbreviated to the terror-closing center), became emblematic in Bukele’s approach to an iron-fist.
The prison of maximum security, one of the largest in Latin America, opened in January 2023 and can accommodate 40,000 prisoners, according to the Government.
The prisoners are limited to windows without windows, sleeping on the bare metal bowls and are constantly monitored by armed guards – some of whom monitor them from the grate ceiling.
BBC News Mundo’s Leire Ventas, who was allowed an official tour of the facility last year after the BBC repeatedly sought access, described that the temperatures in the cells would reach 35C.
See graphics and charts of Mega-Jale
With access to prison hardly limited, and journalists are allowed only in occasional and carefully choreographed official tour, the number of prisoners per cell is not clear.
Some rights groups put it on 80 prisoners, while others say more than 150 can reach.
When asked by our journalist, which is a maximum capacity, the prison director answered “Where you can fit 10 people, you can fit 20”.
The prisoners are closed within their cells 24 hours a day – except 30 minutes of group exercise in the hallway without windows.
The appearance of constipation is not a coincidence.
After a particularly bloody weekend 2022, when more than 70 people were killed in a small Central American nation, Bukela’s president wrote on social networks: “Bands message: Because of your actions, your” homeboys “will not be able to see the rays of the sun.”
The construction of the Mega-Jala Cecot was launched shortly after.
Conditions in prison and the treatment of prisoners became a strong criticism of human rights groups.
Miguel Sarre, a former member of the United Nations Pododbor for the prevention of torture, described it as a “concrete and steel pit”.
So did Trump’s administration sent citizens there?
Bukele’s offer was welcomed by Elon Musk, a close advisor to the commentary on Retweet Socia Media Salvadorean Leader, comment: “Great idea!”.
But any attempt to deport American citizens or people who are lawfully dwelling in the United States -in a foreign prison are confronted with legal challenges.
American citizens born in the United States enjoy legal protection against deportation.
However, there are some cases where naturalized citizens – those who were not born in the United States -in which US citizenship after birth were given legal procedure – may deprive them of citizenship.
This happens when the person in question used fraud to obtain citizenship in the first place.
Alex Cuic, Immigration Lawyer and Professor at Western Reserve University in Ohi, told the BBC that naturalized American nationals doubted relationships with criminal bands or terrorist organizations – such as a criminal gang of Tren de Aragua or Mara Salvatruch, known as MS -13 – Theory can also be deducted from US citizenship.
“If they find out that you are a member of any group who has persecuted or threatened to persecute others, they can try to denaturalize you,” Mr Cuic added.
“So if you had a gang and you never discovered them, you could use it as a reason to denaturalize you.”
Once a person is “denaturalized”, they are at risk of deportation.
Mr. Cuic pointed out that any such move should precede the “formal court proceedings” conducted in the Federal Court.
But the lawyer warned that “citizenship is not something that is definitely forever if you are naturalized.”
Still, he emphasized that he “never heard” cases of American nationals born in natural births sent abroad at prison for crimes committed and prosecuted in the US.
Shev Dalal-Dheini, Director of Relations with the Government Association of an American Immigration Lawyer, said in a similar way that “she never heard of such a proposal” such as sending US nationals to serve prison abroad.
Although she admitted that there were various scenarios where naturalized US nationals could lose citizenship, she said that “you cannot denaturalize a citizen born in nature.”
The status of lawful permanent residents in the United States, however, is more insecure than the apartment of American citizens.
They can be deported if they violate certain provisions of the Immigration and Citizenship Act, which include committing drug offenses, violent crimes or crimes such as theft, fraud or attack.
Like naturalized citizens, they can also be deported if they resided through fraud.
Permanent lawful residents involved in terrorism, spying or any activity that threatens American national interest could also be exposed to deportation.
This last point is important in light The President of the Trump Executive order issued on his day of inauguration, in which he labeled drug cartels as a “foreign terrorist organization”.
Two criminal organizations appointed in the executive order, Trens de Aragua and MS-13, also mentioned Trump’s special envoy for Latin America, Mauricio Claver-Carone.
Speaking on the briefing about Marco Rubioa’s journey to El Salvador, Claver -Carone not only praised Bukele’s treatment with MS -13 – a band deeply rooted in El Salvador and has long terrorized her citizens – but also said Bukele might offer Answer about how to deal with the Venecuel band Too de Aragua.
Claver-Carone also seems to have claimed that a mere possibility to be sent to the Salvador prison could take members of the Venecuela gang to their homeland.
“I bet they will want to return to Venezuela, instead of dealing with Mara’s tickets in El Salvador,” the gang members told the DE ARAGUA.
Marco Rubio seems to have emphasized that Trump’s administration will primarily want to send members of these two infamous gangs to El Salvador’s prisons.
“Any illegal immigrant and an illegal immigrant in the United States, which is a dangerous criminal-I-13, a moment de Aragua, whatever it is, has been able to go,” Rubija said after talking to Bukele.
Although it is by no means clear who – if anyone – will be sent from the USA mega prison El Salvador, what is certain is that with his “unprecedented offer of friendship” Bukele firmly landed in Trump’s benefit at the time when relations between the US – Ai of his neighbors shook the threats of the US president they impose tariffs on their goods.
With additional reporting BBC Bernda Debusmann Jr in Washington, DC.