Trump says he wants to imprison U.S. citizens in El Salvador. That's likely illegal

Trump says he wants to imprison U.S. citizens in El Salvador. That's likely illegal


It's a potential legal loophole that led Supreme Court Justice Sonia Sotomayor to issue a grim warning in her opinion in a 9-0 U.S. Supreme Court finding that the administration could not fly alleged Venezuelan gang members to El Salvador with no court hearing, even after Trump invoked an 18th century law last used during World War II to claim wartime powers. She was writing to dissent from the majority taking the case from the federal judge who had initially barred the administration from any deportations and had ordered planes en route to El Salvador turned around — an order the administration apparently ignored. The Constitution also prohibits “cruel and unusual punishment,” and one of CECOT's selling points is that conditions there are far harsher than in prisons in the U.S. As noted above, federal courts have no jurisdiction there, and that may deprive people sent there of the constitutional guarantee of due process of law.


Published at: 2025-04-15 21:39:16

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