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U.S. Payment to El Salvador for Imprisonment Raises Legal Concerns

Trump Administration’s $6 Million Deal with El Salvador Faces Scrutiny Over Constitutionality and Taxpayer Fund Misuse

Apr 18, 2025
∙ Paid

The recent U.S. agreement to pay El Salvador $6 million to detain alleged gang members in a Salvadoran mega-prison has sparked debate over the legality of using taxpayer funds for such purposes. Legal scholars and human rights experts argue that the arrangement may violate U.S. law and constitutional protections, citing a lack of statutory authority and potential breaches of due process.

The deal, part of the Trump administration’s immigration enforcement strategy, involves deporting individuals, with President Trump even speculating some U.S. citizens, to El Salvador’s Centro de Confinamiento del Terrorismo (CECOT), a 40,000-capacity facility known for its harsh conditions. The administration invoked the Alien Enemies Act of 1798 to justify deportations, but critics contend that paying a foreign nation to imprison people lacks legal grounding.

Legal experts point to several issues. The U.S. Constitution’s Eighth Amendment prohibits “cruel and unusual punishments,” and reports from Huma…

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