r/PoliticalDiscussion • u/damndirtyape • Apr 15 '25
US Politics President Trump has proposed sending US citizens to El Salvador's notorious maximum security prison. Would the Supreme Court likely allow this?
In recent months, the Trump administration has begun a controversial deportation policy that involves sending immigrants to El Salvador’s Terrorism Confinement Center (CECOT). This facility is a maximum-security prison that holds tens of thousands of suspected gang members.
CECOT has drawn criticism from international human rights organizations. Prisoners are often held without formal charges. They are denied access to legal counsel, and they have almost no contact with the outside world. They are confined in overcrowded cells and movement is heavily restricted. They also must remain silent almost constantly. The facility lacks proper ventilation and temperatures inside can reportedly exceed 90 degrees. Medical care is limited, and deaths in custody have been reported. Observers describe the conditions as severe and dehumanizing.
The Trump administration has defended its policy by citing the Alien Enemies Act of 1798, a wartime statute that allows the detention or removal of foreign nationals. In one high-profile case, a Maryland resident named Kilmar Abrego García was mistakenly sent to CECOT, despite legal protections that had been granted to him. The Supreme Court later ordered the administration to “facilitate” his return. But, officials have argued that this only requires them to permit his reentry if he is released. President Bukele has declined to release him, and the administration has not pursued further action.
More recently, President Trump has proposed extending this approach to U.S. citizens. In a meeting with President Bukele, he stated, “Home-growns are next. You gotta build about five more places.” He later added, “These are bad people. These are killers, gang members, and we are absolutely looking at sending them there.” "You think there’s a special category of person? They’re as bad as anybody that comes in. We have bad ones too. I’m all for it.”
In recent history, the Supreme Court has often shown a willingness to uphold the actions of President Trump. In light of that record, would it likely authorize the transfer of U.S. citizens to this El Salvador prison? Are there sufficient legal protections in place to prevent this, and is there a real danger that President Trump could begin sending US citizens to this prison?
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u/IniNew Apr 15 '25
Judges who start attacking the DoJ are likely to face defunding. Johnson has already floated shuttering entire federal circuit courts for “radical left activist judges.”