The idea floated by former President Trump to deport “homegrown criminals”—U.S. citizens—to a maximum security prison in El Salvador is a troubling sign of democratic erosion in the United States. Legal experts have unanimously condemned this proposal as blatantly unconstitutional, violating the fundamental rights of American citizens. The notion of stripping citizenship and exiling U.S. nationals to a foreign prison is not only illegal but also morally reprehensible, reflecting a dangerous authoritarian impulse to subjugate perceived enemies of the state.

As constitutional law scholar Ilya Somin noted, there is no legal basis whatsoever for the government to deport American citizens to prisons overseas, as this would deprive them of their fundamental rights and due process protections. The Supreme Court has previously ruled against such practices, affirming that the president cannot extradite U.S. citizens without an act of Congress. Attempting to circumvent these constitutional safeguards by claiming dubious legal authority, as the Trump administration has proposed, represents a blatant assault on the rule of law and democratic norms. Moreover, the potential targeting of “homegrown criminals”—a vague and ominous term—raises serious concerns about selective enforcement and the erosion of civil liberties. As observed in the administration’s previous efforts to deport alleged gang members to El Salvador, many of those affected had no criminal records or were accused of minor, non-violent offenses. Most notably, the landmark case of Abrego Garcia and the administration’s refusal to return him, even after being ordered to do so by SCOTUS. Expanding this practice to U.S. citizens would only exacerbate the threat to democratic principles, empowering the government to arbitrarily strip citizenship and exile individuals without due process.

The push to send American citizens to foreign prisons, even if limited to those convicted of crimes, reflects a disturbing disregard for the foundational principles of democracy. As legal experts have made clear, such actions would be “flagrantly unconstitutional” and an “additional reason why courts must force [the administration] to return” those already illegally deported. Defending the rights of citizens, even those accused of wrongdoing is a vital responsibility of a democratic government—a responsibility that the Trump administration has shown a willingness to abandon in pursuit of its authoritarian impulses. As to the constitutionality of the proposal, the U.S. has no extradition treaty with El Salvador that would legally justify such actions, and sending American citizens to a foreign prison would deprive them of their fundamental constitutional rights (Ford, 2025). Additionally, forcibly imprisoning U.S. citizens abroad could constitute “cruel and unusual punishment,” which is prohibited by the Eighth Amendment. As one immigration expert stated, “U.S. citizens may not be deported to imprisonment abroad. There is no authority for that in any U.S. law”. This willingness to circumvent due process and the rule of law in pursuing political goals is a hallmark of democratic erosion and should be condemned in the strongest possible terms.

From attempts to undermine free and fair elections to the targeting of political opponents, the Trump administration has repeatedly demonstrated its disregard for the principles and safeguards that are essential to a functioning democracy. The willingness to pursue such blatantly unconstitutional measures as exiling American citizens to foreign prisons is a troubling manifestation of this pattern of democratic erosion. As the U.S. grapples with the implications of this proposal, the courts and the broader public must remain vigilant in defending the fundamental rights and freedoms that are the foundation of American democracy. Allowing the administration to pursue outwardly undemocratic measures would be a grave threat to the nation. Preserving the integrity of democratic institutions and upholding the Constitution must be the paramount concerns in the face of such blatantly undemocratic proposals. It is crucial that the courts, Congress, and the American people adamantly defend the fundamental rights and liberties that form the bedrock of our democracy. Only through this commitment to the rule of law can we prevent further erosion of democratic norms and safeguard the enduring principles of our republic.