Trump's Prison Plan: Legal Expert Calls It 'Nonsense'

Legal experts are dismissing as legally untenable President Trump’s recent suggestion of sending American-born criminals to prisons in El Salvador. Former federal prosecutor Elliot Williams sharply criticized the proposal during a CNN appearance Tuesday, labeling it “preposterous” and lacking any constitutional basis.

The discussion stemmed from remarks made by Trump Monday during a meeting with the Salvadoran president, where he expressed “willingness” to send American criminals to Salvadoran prisons, stating, “I’m all for it.” This follows a $6 million deal already in place to send alleged gang members and undocumented migrants deported from the U.S. to El Salvador. Trump had previously indicated he would be “honored” to send American prisoners to the country if they would accept them.

Williams emphasized the firm legal ground against such a practice. “There are issues on which reasonable minds can differ,” he stated, “but there are some things that are truth or facts that cannot be denied. It is a fact that American law, the American Constitution, and American history, does not allow for the detention or incarceration of American citizens on foreign soil – period.”

He specifically cited the Eighth Amendment, which prohibits cruel and unusual punishment, arguing that sending citizens to foreign prisons with potentially unknown standards of treatment would violate this constitutional protection. Williams refuted the notion that Trump was merely exploring ideas, asserting there is “no basis” for the proposal.

The discussion prompted CNN anchor Christi Paul to question whether the Trump administration was attempting to “push…when it comes to the law.” Williams responded that the idea is “not based in reality” and enjoys broad consensus among legal professionals.

While the administration’s motivations remain unclear, the suggestion appears to be a legally unsound overreach. The Constitution clearly delineates the boundaries of lawful punishment, and transferring American citizens to foreign penal systems falls squarely outside those boundaries. This isn’t a matter of political opinion; it’s a fundamental principle of American jurisprudence.