El Salvador has made an unprecedented offer to the United States, proposing to accept individuals deported for illegal entry and to house certain violent criminals, even if they are American citizens. This offer, described by U.S. Secretary of State Marco Rubio as extraordinary, aims to provide a solution for America’s overcrowded prison system.

President Nayib Bukele’s proposal involves outsourcing part of the U.S. inmate population to El Salvador, with the Central American nation offering to house convicted criminals in exchange for payment. The plan includes utilizing a newly built maximum-security facility known as CECOT to accommodate up to 40,000 individuals.

Despite the potential benefits, questions have been raised about the legality of deporting American citizens. While foreign nationals can be deported to countries other than their own, deportation of American citizens is highly unlikely under U.S. immigration law. Naturalized citizens face the risk of denaturalization in certain cases, but natural-born citizens are protected under the Constitution’s 14th Amendment.

El Salvador’s motivation for this offer stems from its efforts to address longstanding issues of gang violence and crime. The country, under Bukele’s leadership, has implemented strict measures to combat criminal activity, resulting in a significant drop in crime rates. However, concerns have been raised about human rights violations and due process rights.

While similar agreements have been made between nations regarding migrants, El Salvador’s proposal stands out for its scale and implications. The U.S. government is currently evaluating the offer’s legality and feasibility before making any commitments. President Trump and Senator Rubio have acknowledged the offer’s potential but emphasized the need for thorough examination of the proposal’s legal aspects.