Donald Trump doubled down Monday on his unconstitutional threat to deport U.S. citizens to foreign gulags.
During a press conference with Salvadoran President Nayib Bukele, who has already struck a $6 million deal to detain noncitizens the U.S. government alleges are gang members, Trump once again raised his desire to deport anyone, regardless of citizenship.
“I’d like to go a step further, I mean, I say, I said it to Pam [Bondi]—I don’t know what the laws are, we always have to obey the laws—but we also have homegrown criminals that push people into subways, that hit elderly ladies in the back of the head with a baseball bat when they’re not looking, that are absolute monsters. I’d like to include them in the group of people, to get ‘em out of the country, but you’ll have to be looking at the laws on that, Steph—” Trump said, referring to White House deputy Chief of Staff Stephen Miller, who was standing just feet away.
Is Trump’s plot to exile U.S. citizens legal? Of course it isn’t.
“No law allows a federal court to sentence a defendant to serve their sentence overseas. Nor is there any statute that allows the president to unilaterally remove a U.S. citizen to another country at a whim,” wrote Matt Ford for The New Republic Monday.
But the Trump administration has confirmed that it is looking into the legality of the president’s idea, a question that has apparently landed on the desk of his attorney general.
While Trump has claimed that it would be cheaper to incarcerate individuals abroad, the president also asked Bukele to “please” begin construction on new facilities, and even offered to help foot the bill.
“I’d do something, yeah we’d help ‘em out,” Trump said. “They’re great facilities, very strong facilities. They don’t play games.”
During Trump’s meeting with Bukele, the Salvadoran president balked at requests to release Kilmar Abrego Garcia, a Maryland man wrongly deported to El Salvador’s notorious prison, after the Supreme Court ordered that the Trump administration comply with a request to “facilitate” his return to the U.S.
Miller chimed in with his own completely made-up story about the ruling, and claimed that the high court had unanimously ruled in favor of Trump—it hadn’t, and there was no indication that the ruling was unanimous. The Supreme Court simply asked a lower court to clarify its order, “with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs.”
In a filing Sunday, the Department of Justice argued that the federal courts could not compel the executive branch to conduct foreign affairs, and therefore any responsibility to help Abrego Garcia was limited to removing “any domestic obstacles.”
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