Understanding the Treaty
Originally signed in 1976 and effective since November 1977, the treaty between the United States and Mexico allows convicted nationals to serve their sentences in their home countries, assuming mutual agreement. The goal is twofold: promote rehabilitation by reconnecting inmates with their home society and alleviate financial burdens on the host nation.
Since the treaty entered force, the U.S. has entered similar agreements with over 85 countries. The International Prisoner Transfer Unit (IPTU), a branch of the DOJ’s Office of International Affairs, processes these transfers. While participation is voluntary, each transfer undergoes rigorous review.
This latest transfer was the 184th under the U.S.-Mexico agreement. The last occurred in December 2024, when nine inmates were sent back to Mexico. These may soon become routine headlines if the U.S. pursues this evolving strategy.
The Bukele Factor
Dubbed “the world’s coolest dictator“ by his online fan base, Bukele has turned El Salvador’s prison infrastructure into a showpiece of uncompromising discipline. His government constructed the 40,000-capacity CECOT facility, which he claims houses only the “most dangerous” gang members and violent criminals.
Now, with Trump floating ideas that include exporting violent U.S. felons to CECOT or similar sites, the implications are seismic. Would this strategy work as a deterrent? Could it even be constitutional?
Legal experts remain divided. Some point to historical precedents such as the Alien Enemies Act and wartime deportations. Others, however, question whether U.S. citizens can be lawfully expelled post-conviction, absent dual citizenship or terrorism-related charges.
Yet, in typical Trump fashion, the conversation is moving faster than the lawyers can brief. “We’re looking at all the options,” Trump said. “We’re going to protect Americans, and if that means building more prisons in places that know how to handle criminals, so be it.”
