Should the U.S. be allowed to send its own citizens to serve prison sentences in foreign countries?

Should the U.S. be allowed to send its own citizens to serve prison sentences in foreign countries?


A controversial proposal to outsource American incarceration to El Salvador has sparked debate over constitutionality, executive power, and human dignity. What’s your take?
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President Trump recently floated the idea of sending Americans convicted of violent crimes to El Salvador’s notorious CECOT prison—a facility known for its extreme security measures and harsh living conditions. In a recent interview, he said, “I would love to do that,” signaling serious interest in pursuing the legal path to make it happen.

But this idea raises serious legal and moral questions. The Constitution guarantees due process and protection against cruel and unusual punishment. Forcibly transferring U.S. citizens to a foreign prison system could be seen as violating those rights. Legal scholars and civil rights advocates have already flagged this move as potentially unconstitutional.

The proposal also brings renewed attention to the troubling case of Kilmar Abrego Garcia, a Maryland resident who was mistakenly deported to El Salvador. Despite a Supreme Court order, efforts to return him to the U.S. have been blocked—highlighting the real-world risks of expanding executive power over incarceration.

So what do you think? Is this a bold solution to overcrowded prisons and rising crime—or a dangerous overreach with serious human rights implications?

If – and that is a big if – a) the person is tried and convicted in a US court, and b) the judge determines the imprisonment as appropriate, and c) the transfer to another country is approved by the appropriate US courts, d) the receiving country agrees, and e) the person is guaranteed humane treatment, and f) the possibility remains for appeal and reversal of sentencing, then the answer is “yes”.

However, NONE of the above was performed when Herr Trump decided to export the supposed gang members to El Salvador. The question remains: who has violated the law in this situation?

Check that.

He was illegally in the US.

"He is an illegal alien who has been living illegally in our country from El Salvador. ICE testified, an immigration judge ruled he was a member of MS-13. An appellate judge ruled he was a member of MS-13. Hard stop,"US Attorney General Pam Bondi told reporters."He should not be in our country.

“He was deported. They needed one additional step in paperwork, but now, MS-13 is characterized as they should be as an FTO, as a foreign terrorist organization. So he is not coming back to our country.”

Check this…

U.S. District Judge Paula Xinis said the administration has done “nothing” to facilitate the return of Kilmar Abrego Garcia , even though court orders have required action by officials.

US Attorney General Pam Bondi is a political appointee whose job it is to spin Trump’s propaganda. She is not an impartial spokesperson.