INSIGHTi
El Salvador: Authoritarian Actions and
U.S. Response
Updated October 1, 2021
On September 3, 2021, the Salvadoran Supreme Court’s Constitutional Chamber ruled that a president
could serve two consecutive terms, despite constitutional prohibitions on reelection. The justices who
issued the ruling were instal ed in May 2021 after the Salvadoran National Assembly, aligned with
President Nayib Bukele, unconstitutional y dismissed the previous Constitutional Court magistrates,
along with the attorney general. These developments, combined with other Bukele-backed measures to
erode the separation of powers and repress dissent, have led the Biden Administration, some Members of
Congress, and other observers to express concerns about democratic backsliding in El Salvador.
Democratic Backsliding
On June 1, 2019, Bukele, a businessperson and former mayor of San Salvador, took office for a five-year
presidential term after winning a first-round victory as an outsider standing for the Grand Al iance for
National Unity (GANA) party. His New Ideas party was not yet eligible to field candidates. Born in 1981,
Bukele is the first president to come of age political y after the 1980-1992 civil conflict and the first
presidential candidate in 30 years to win without support from the conservative National Republican
Al iance (ARENA) party or the leftist Farabundo Martí National Liberation Front (FMLN) party.
Bukele has governed as a populist, using social media to communicate with supporters, make policy
declarations, purge officials, and attack opponents. Through 2020, Bukele battled with the legislature and
the Supreme Court over funds he sought for his security plan and his aggressive enforcement of a
Coronavirus Disease 2019 (COVID-19) pandemic quarantine. In February 2020, Bukele ordered the
military to surround the National Assembly in an effort to intimidate legislators into approving an anti-
crime bil . He ignored and criticized Supreme Court rulings for him to respect constitutional rights and
legislative decisions during the pandemic. Although Bukele remained popular, critics warned about his
authoritarian tendencies and possible ties to organized crime. In February 2021, New Ideas and its al ies
won a supermajority in parliamentary elections.
Legislature Removing Checks on Presidential Power
On May 1, 2021, the National Assembly deputies elected in February took office. Unlike the outgoing
legislature, the 84-seat National Assembly is dominated by Bukele’s New Ideas (56 seats) and al ied
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parties. New Ideas deputies hastily presented charges against and dismissed five Constitutional Court
magistrates for inhibiting the government’s pandemic response. On May 2, legislators dismissed the
attorney general, Raul Melara, for having ties to ARENA; Melara had been investigating corruption in
Bukele’s Cabinet and Bukele-gang negotiations. The U.N. High Commissioner for Human Rights and
others criticized the legislature’s actions for violating judicial independence.
Since May, Bukele, the legislature, and the new attorney general (who reportedly worked for a U.S.-
sanctioned subsidiary of Venezuela’s state oil company) have shut down investigations into corruption in
the Bukele government while harassing and arresting government opponents. Bukele ended cooperation
with an Organization of American States-supported international commission against impunity. The
National Assembly passed a law granting immunity from prosecution to anyone involved in pandemic
spending but created a commission to investigate corruption in past governments. Thus far, the
commission’s work, referred to the attorney general, has resulted in arrest orders for former FMLN
officials. The Bukele government has deported foreign journalists, harassed human rights activists and
civil society groups, and sought to limit international support for government critics. In August, the
legislature passed a judicial reform mandating the retirement of al judges over the age of 60; the
controversial law affects more than 150 judges, including the judge who has presided over the emblematic
trial of military officials involved in the civil war-era El Mozote massacre.
The legislature has supported Bukele’s controversial proposals, including an initiative to adopt bitcoin as
a form of legal tender. The International Monetary Fund (IMF) has expressed concerns about El
Salvador’s decision to adopt bitcoin due to the currency’s vulnerability to money laundering but has
continued negotiations for a roughly $1 bil ion loan to the country. The currency’s entry into force on
September 7 prompted rare protests against Bukele.
U.S. Policy
The Biden Administration has made combating corruption a key part of its strategy to address the root
causes of migration from Central America. In May, the State Department declassified, pursuant to P.L.
116-260, a report to Congress on corrupt Northern Triangle officials that listed five current and former
Salvadoran politicians. In July, the State Department released a list of officials subject to visa restrictions
for corruption or undemocratic actions pursuant to Section 353 of P.L. 116-260; it included 14 Salvadoran
officials, including Bukele’s Cabinet chief, legal adviser, and labor minister. In August, State announced
new visa restrictions under Section 212 (a)(3)(C) of the Immigration and Nationality Act that can apply to
corrupt current or former Salvadoran officials and their families. In September, State added the five
judges on El Salvador’s Constitutional Chamber to the Section 353 sanctions list for their unconstitutional
ruling al owing presidential re-election.
The Administration also has expressed concerns about the erosion of democratic institutions in El
Salvador. On May 2, Secretary of State Antony Blinken cal ed President Bukele to express concern about
the dismissals of the country’s Constitutional Court magistrates and attorney general. U.S. Agency for
International Development (USAID) Administrator Samantha Power reprogramed foreign aid from
supporting government agencies to bolstering civil society following the dismissals and reiterated U.S.
concerns about the rule of law in El Salvador during a June visit. On September 5, the State Department
denounced the court ruling al owing reelection as damaging to democracy and bilateral relations.
Many in Congress are monitoring events in El Salvador and U.S. policy responses. On May 19, the House
Foreign Affairs Committee reported H.Res. 408, urging the Salvadoran government to respect the
country’s democratic institutions. Congress also is assessing the Biden Administration’s $860.6 mil ion
FY2022 request for assistance to Central America, which includes at least $95.8 mil ion for El Salvador.
The House-passed version of the FY2022 State and Foreign Operations appropriations measure (H.R.
4373) would provide $860.6 mil ion in assistance for Central America but would prohibit Foreign

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Military Financing for El Salvador and withhold 75% of assistance to the central government until nine
conditions are met.
See CRS Report R43616, El Salvador: Background and U.S. Relations, by Clare Ribando Seelke.


Author Information

Clare Ribando Seelke

Specialist in Latin American Affairs




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