What Happened to El Salvador's State of Exception?

El Salvador's State of Exception (régimen de excepción) was first declared on March 27, 2022, by the Legislative Assembly at the request of President Nayib Bukele, following an unprecedented surge in gang-related homicides, with 62 deaths recorded on March 26 alone. The primary objective was to dismantle powerful criminal organizations like MS-13 and Barrio 18, which had long terrorized the country and contributed to one of the world's highest murder rates.

The measure involved the suspension of several constitutional rights, including freedom of assembly, the inviolability of correspondence and telecommunications, and crucial due process guarantees such as the right to be informed of reasons for detention, the prohibition against self-incrimination, and limitations on administrative detention periods. This allowed authorities to conduct mass arrests without warrants and extend pre-trial detention significantly. The state of exception was initially a temporary 30-day measure but has been continuously extended by the Legislative Assembly, which is controlled by Bukele's Nuevas Ideas party, effectively becoming a permanent security policy.

The consequences of the State of Exception have been starkly divided. On one hand, the government touts a dramatic and undeniable reduction in violent crime. El Salvador's homicide rate, which was 106.3 per 100,000 in 2015, plummeted to 1.3 per 100,000 in 2025 and is projected to fall to an unprecedented 0.90 per 100,000 in 2026, positioning the country as one of the safest in the Western Hemisphere. This has been accompanied by a reported increase in tourism and a slowdown in outward migration.

However, human rights organizations, both local and international, have documented widespread abuses. As of August 2026, over 92,959 individuals have been arrested under the state of exception, including thousands of minors. The government has acknowledged that at least 8,000 of those detained were innocent. Reports from Amnesty International, Human Rights Watch, and the Inter-American Commission on Human Rights (IACHR) detail allegations of mass arbitrary detentions, enforced disappearances, torture, and ill-treatment of detainees, with at least 470 deaths in state custody by July 2026, and approximately 500 by March 2026. Critics argue that the policy has systematically weakened the rule of law, undermined judicial independence, and led to the repression of human rights defenders and journalists.

Key turning points include the continuous monthly extensions, with the measure being renewed 54 times as of August 2026. In 2024, President Bukele secured a second term despite constitutional prohibitions, and the Legislative Assembly approved constitutional amendments allowing indefinite presidential re-election and later, in March 2026, ratified reforms enabling life imprisonment for certain crimes. These actions have further concentrated power within the executive branch and raised concerns about democratic backsliding.

As of September 15, 2026, El Salvador's State of Exception remains fully in force. The Legislative Assembly approved its latest extension on August 27, 2026, ensuring its continuation until at least September 27, 2026. While the government continues to highlight the unprecedented security gains and high public approval, international bodies and human rights groups persistently call for an end to the state of exception, a full restoration of constitutional guarantees, and independent investigations into alleged human rights violations.