Suggestion to house US citizens in offshore prisons has no legal basis, experts say
CNN
As Trump administration lawyers assess whether it is legally viable to send American citizens who have committed violent crimes to El Salvador’s notorious mega-prison, legal experts made clear that President Donald Trump lacks any legal authority to ship domestic convicts out of the US.
As Trump administration lawyers assess whether it is legally viable to send American citizens who have committed violent crimes to El Salvador’s notorious mega-prison, legal experts made clear that President Donald Trump lacks any legal authority to ship domestic convicts out of the US. Two White House officials familiar with the discussions told CNN that both the Justice Department and the White House counsel’s office are reviewing what, if any, legal justification there is to support Trump’s stated desire to send “homegrown” criminals out of the country. One of the officials said the president views this as a winning issue – and one that he was elected on. The official recalled Trump referring to it as an “eighty-twenty” issue, meaning he believes 80% of Americans are in favor of his proposed idea to send US citizens convicted of crimes abroad. “Legally, it is a non-starter,” said David Cole, who served for years as the American Civil Liberties Union’s national legal director. “There’s just zero authority for it. He may think it’s 80-20 as a political issue, but it’s 100-0 as legal matter. He has no authority.” Cole added: “The rights of citizenship include the rights to remain in this country – period. And you cannot be expelled from this country, even temporarily, for any offense.” Trump raised alarm bells among civil rights groups and others on Monday when he raised the idea during an Oval Office meeting with Salvadoran President Nayib Bukele, who has entered into an agreement with the US to house deported migrants in his country’s CECOT mega-prison, which is known for its harsh conditions.
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