Washington — The Trump administration is working on an asylum deal with the government of El Salvador that would allow the United States to expel migrants who are not from there to the small Central American country, people said. two sources familiar with internal deliberations told CBS News.
This arrangement, known as the “safe third country” agreement, would allow US immigration officers to expel non-Salvadoran migrants to El Salvador, preventing them from seeking asylum in the United States. Instead, migrants would be deported with instructions to seek asylum in El Salvador, which would be designated a “safe third country.”
The plan, if finalized, would revive an agreement negotiated by the first Trump administration with the government of El Salvador, although that agreement was never implemented and was ultimately terminated by the former president’s administration Joe Biden.
A safe third country agreement could be a significant step forward for the Trump administration’s aggressive immigration plans, allowing it to expel migrants from countries, including Venezuela, that limit or outright reject U.S. expulsions of their citizens.
One of the internal plans under consideration would allow the United States to send deportation flights to El Salvador that include suspected members of the Tren de Aragua, the Venezuelan gang that President Trump has made a focal point of his crackdown against illegal immigration. Hours after his inauguration, Mr. Trump ordered officials to begin the process of designating the Tren de Aragua as a terrorist group.
If this plan is implemented, it is unclear how El Salvador will handle deported gang members. Under the leadership of President Nayib Bukele, the Salvadoran government has brought El Salvador’s notorious gangs, including MS-13, under control through a mass incarceration campaign.
Bukele’s government is expected to be a key ally of the Trump administration. Bukele enjoys wide popularity in El Salvador and among American conservatives, mainly because of his anti-gang policies, which international groups say involve violations of due process.
The White House said Mr. Trump and Bukele spoke by telephone on Thursday and discussed “working together to end illegal immigration and crack down on transnational gangs like Tren de Aragua.”
Secretary of State Marco Rubio, who has pledged to make combating mass immigration a top priority, is also expected to visit El Salvador in early February as part of a trip to Latin America expected to begin later this week.
Representatives for the State Department, Department of Homeland Security and White House did not immediately respond to requests for comment.
Mr. Trump has already moved quickly to launch his sweeping immigration crackdown, giving deportation officers broader powers to arrest and deport illegal immigrants, closing access to the asylum system at the border between the United States and Mexico and mobilizing the vast resources of the U.S. military to enforce immigration. by a declaration of emergency.
Military aircraft are now used to expel migrants crossing illegally across the southern border, and additional active-duty troops have been deployed there to erect barriers intended to repel illegal crossings. Longstanding federal law generally prohibits military personnel from engaging in civilian law enforcement.
A safe third country agreement would add another layer to Mr. Trump’s efforts to close U.S. borders to migrants and asylum seekers, through physical barriers and sweeping policy changes.
It is unclear how such an arrangement would interact with Mr. Trump’s other asylum measures, including giving border agents the authority to expel migrants quickly without allowing them to seek legal refuge. His administration is also reinstating a rule, known as “Remain in Mexico,” that requires asylum seekers to stay outside the United States while their cases are reviewed.
Currently, the United States has a safe third country agreement. Under the agreement, the U.S. and Canadian governments exchange asylum seekers who cross their shared border. The first Trump administration concluded asylum agreements with Guatemala, Honduras and El Salvador. Only the one with Guatemala took effect, and all three agreements were suspended once Biden took office.