Soldiers at a bus stop. Photo by El Salvador State of Exception is a harsh security measure that suspends certain constitutional rights to combat gang violence. It grants authorities expanded powers for arrests and prolonged detentions without immediate judicial oversight.
The measure began in late March 2022 as a response to a surge in gang-related homicides—87 people were murdered in a single weekend. Authorities attributed the killings to the MS13 and 18 Street gangs.
Under the State of Exception, Salvadoran security forces can arrest suspected gang members and monitor their communications without warrants. It also extends the pre-trial detention period.
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Implementation of the State of Exception
El Salvador’s State of Exception was enacted in late March 2022 after a sharp rise in gang-related homicides over a weekend—87 people lost their lives in three days.
Due to the weekend homicide spike, President Nayib Bukele’s government implemented the State of Exception to go after gangs directly, dismantle criminal organizations, and restore public safety.
At the request of the country’s security cabinet, the legislative assembly approved the initial State of Exception.
Suspended Constitutional Rights
In March 2022, the emergency decree suspended certain constitutional rights, including freedom of assembly, the right to legal counsel upon arrest, and prolonged pre-trial detention, thus allowing authorities to intensify their anti-gang operations.
In 2025, only specific sections of articles 12, 13, and 24 of the Salvadoran constitution remain suspended under the state of exception.
Article 12, Paragraph 2 Is Suspended
Any individual detained under the state of exception does not have the right to a defense and to be informed of the reason for the arrest.
Article 13, Paragraph 2 Is Suspended
Authorities can now hold those arrested under the security measure for 15 days before taking them to see a judge. Before, it couldn’t exceed 72 hours.
Article 24, Paragraph 2 Is Suspended
Those detained under the state of exception lack the right to privacy in their telecommunications. Authorities can access all their communications without the need for a warrant.
State of Exception Extensions
El Salvador’s State of Exception has been extended consecutively over 36 times in 30-day increments since March 2022—to maintain pressure on gangs.
Supporters argue it has drastically reduced crime, making communities safer and boosting economic activity. They believe continued enforcement is necessary to prevent gangs from regaining power.
However, critics warn of human rights abuses, wrongful arrests, and overcrowded prisons. They argue that indefinite extensions erode democracy and weaken judicial oversight.
Despite concerns, the government insists the measure remains essential for long-term security.
The debate continues as El Salvador balances public safety with civil liberties under the ongoing State of Exception.
Role of Law Enforcement and the Military
The Salvadoran National Police and military play a central role in enforcing the State of Exception—they are in charge of implementation.
The national police and the Salvadoran Armed Forces work together to patrol cities and rural areas, conduct raids, and establish checkpoints to prevent gang activity.
Since 2022, they have conducted arrests, detaining over 85,000 suspected gang members and collaborators, often based on tattoos or anonymous tips.
There is no denying that the work done by the police and military has led to a significant drop in crime, but it has also drawn criticism for alleged human rights violations.
Effects on Crime and Public Safety
El Salvador’s State of Exception has significantly impacted crime and public safety, leading to a sharp decline in homicide and crime rates.
Since March 2022, the country has reported historically low murder rates, with some months recording multiple days with zero homicides—something rarely seen before Bukele.
The government credits this homicide rate decline success to the mass incarceration of gang members, arguing that dismantling these criminal networks has restored order in once-violent neighborhoods.
Many Salvadorans report feeling safer, especially in communities previously controlled by gangs such as Soyapango and Ilopango.
These two heavily populated districts were notorious for gang violence; however, people living here now express relief as they can move freely without fear.
Also, business owners, who for years were forced to pay extortion fees to criminal groups for protection, now declare that this is no longer the case—now they operate without constant threats.
Many people express concerns about civil liberties and human rights violations. Still, many see the measure as necessary to transform El Salvador from one of the world’s most dangerous countries to the safest in Latin America.
Controversies and Human Rights Concerns
El Salvador’s State of Exception has sparked significant controversy due to alleged human rights violations.
While the Bukele government argues it has restored security, critics express that mass arrests have led to wrongful detentions and due process violations.
According to reports by local and international NGOs, many civilians have been arrested based on anonymous tips or physical appearance, such as tattoos, without concrete evidence of gang affiliation.
Families of detainees report that their relatives were taken by Salvadoran security forces without explanation and held for months without trial.
Overcrowded prisons are another problem being denounced by human rights organizations—over 85,000 people have been imprisoned since March 2022.
Human rights organizations have denounced that conditions inside these facilities are inhumane; they have reported issues such as insufficient food and medical care and cases of deaths in custody.
International bodies, including the United Nations and Amnesty International, have condemned the State of Exception, urging El Salvador to end it.
Despite the concerns reported by NGOs, President Nayib Bukele’s administration insists that the controversial State of Exception is necessary to crack down and dismantle gangs—and to protect law-abiding citizens.
Government’s Defense and Public Support
The Bukele administration vigorously defends the State of Exception; they argue that it is essential for dismantling gangs and ensuring long-term security.
President Nayib Bukele has repeatedly stated that the policy has made El Salvador one of the safest countries in Latin America.
“We have achieved what many thought was impossible—taking back our streets from criminals,” Bukele declared in a national address.
Government officials regularly emphasize that the State of Exception security policy has led to a drastic reduction in homicides, extortion, and gang-related violence.
Although local and international NGOs argue against the security measure, public support for the controversial State of Exception remains overwhelmingly high.
According to multiple polls, over 75% of Salvadorans approve of the measure, with many citizens crediting it for bringing peace to previously dangerous neighborhoods.
A 2025 Iudop-UCA survey evaluating Bukele’s 5th year as president showed that 85.1% believed that the State of Exception had helped to control the country’s delinquency.
| Date | Entity | Rating/Score |
|---|---|---|
| October 2024 | UFG Disruptiva State of Exception |
76.4% Approval View Survey |
| September 2024 | CID Gallup State of Exception |
84.0% Approval View Survey |
| April 2024 | Iudop-UCA State of Exception: 2 years |
8.13 out of 10 score View Survey |
| January 2024 | CID Gallup State of Exception |
88.0% Approval View Survey |
| November 2023 | CID Gallup State of Exception |
82.0% Approval View Survey |
| June 2023 | Iudop-UCA State of Exception |
95.0% Approval View Survey |
| March 2023 | CID Gallup State of Exception |
92% Approval View Survey |
| March 2023 | Iudop-UCA State of Exception |
82.4% Approval View Survey |
| March 2023 | FundaUngo State of Exception |
85.6% Approval View Survey |
| December 2022 | FundaUngo State of Exception |
89.8% Approval View Survey |
| September 2022 | CID Gallup State of Exception |
91% Approval View Survey |
| May 2022 | LPG Datos State of Exception |
73.9% Approval View Survey |
| May 2022 | Iudop-UCA State of Exception |
7.99 score out of 10 View Survey |
| April 2022 | CID Gallup State of Exception |
91% Approval View Survey |
The Bukele government justifies its continued extensions of the security measure by pointing to the success in reducing crime and preventing gangs from reorganizing.
Officials insist that lifting the measure too soon could allow criminals to regain control.
While international criticism persists, the government maintains that the policy is necessary to secure El Salvador’s future and protect law-abiding citizens.
El Salvador State of Exception Long-Term Implications
There’s no doubt that El Salvador’s State of Exception has cut gang violence, but its long-term impact is still unclear.
The Bukele government claims it has dismantled criminal networks; however, experts warn that sustainable security requires reintegration programs and social reforms to prevent gang resurgence.
NGOs state that without rehabilitation efforts, imprisoned gang members may regroup upon release. However, Salvadoran authorities say that arrested gang members will never be set free to terrorize communities.
The harsh security policy also raises concerns about democracy and civil liberties. The indefinite suspension of constitutional rights sets a precedent for authoritarian governance, and critics fear a long-term erosion of judicial independence.
Moving forward, El Salvador faces a crucial choice: balancing security with human rights.
Effective reintegration programs and judicial reforms will be key to ensuring that the country’s progress against crime does not compromise democracy and fundamental freedoms.
El Salvador State of Exception: What Comes Next?
The Salvadoran State of Exception is part of Nayib Bukele’s Territorial Control Plan, which aims to reduce crime and violence in El Salvador.
According to the government and survey results, the security measure is producing excellent results, and people want the government to continue to extend it.
However, there is plenty of evidence that some people not associated with gangs have been wrongfully arrested.
Moving forward, El Salvador must balance strict enforcement with sustainable solutions to prevent gangs from regaining power while ensuring justice and human rights remain protected.
In summary, the State of Exception has made progress, but sustainable peace requires comprehensive social and judicial solutions.
