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El Salvador's State of Exception and U.S.

Interests



February 20, 2025

Salvadoran President Nayib Bukele (2019-present) has implemented tougher security policies in El
Salvador since 2022 in response to gang violence. The security policy that has garnered the most attention
from observers is the state of exception, in which Salvadoran security forces have cracked down on
individuals suspected of being gang members or affiliates, resulting in mass detentions. While Bukele's
government claims the state of exception has improved security in El Salvador by significantly reducing
gang violence and homicides, some human rights advocates have reported abuses under the policy.
Some  Members  of the 118th Congress acknowledged the effectiveness of the Bukele government's
security policies. Some Members raised concerns about possible associated human rights violations.
Hearings on the effects of the state of exception were held in the 117th and 118t Congresses. Members of
the 119th Congress may be interested in evaluating the Salvadoran government's security policies and
their implications for U.S. interests.


State of Exception

Since the 1990s, gangs with origins in Southern California have undermined citizen security in El
Salvador through local drug distribution, extortion, money laundering, and weapons smuggling. Gang-
related violence has contributed to irregular migration from the country. When negotiations between
Bukele officials and gang leaders failed and a deadly outbreak of violence occurred in March 2022,
Bukele called for a 30-day state of exception, which the Legislative Assembly approved. The security
measure-which   was most recently extended for the 35th time until March 6, 2025-allows Salvadoran
security forces to arrest anyone suspected of belonging to or aiding gangs.
Under the state of exception, certain constitutionally protected civil liberties have been suspended,
including the rights to free association and assembly, due process, and access to legal counsel. Authorities
reportedly have carried out mass arrests and lengthy detentions of suspects while presenting little or no
evidence of criminal wrongdoing. From March 2022 through January 29, 2025, Salvadoran authorities
reported that they detained 84,000 individuals allegedly associated with criminal groups. In November
2024, Bukele stated that 8,000 innocent individuals detained under the state of exception had been
released.

                                                                   Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                         IN12510

CRS INSIGHT
Prepared for Members and
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