> If a determination by an immigration judge followed by a BIA appeal isn’t sufficient to deport suspected gang members
Kind of a weird question to ask, given that the deportations to El Salvador pretext on the Alien Enemies Act involve none of that, and this specific individual was granted protection from deportation to El Salvador at his immigration hearing in 2019, and the government chose not to appeal.
Note that as well as being in violation of the only decision made by an immigration judge in his individual case, his removal under the Administrations invocation of the Alien Enemies Act also is outside of the authority of invocation of that Act even if one assumes the invocation is valid, as, being invoked on the pretext of an existing war with Venezuela initiated by a Venezuelan invasion of the US (which is preposterous on its face, and the Administration is doing nothing to prosecute the war initiated by this invasion beyond deporting people without due process, demonstrating the lack of seriousness of the claim), it applies only to Venezuelan nationals, and he is Salvadoran.
That said, before being enslaved—and those sent to CECOT are both enslaved and trafficked in the international slave trade—under the 13th Amendment, yes, anyone is entitled to criminal trial.
This specific alien was not deported under the AEA. And the immigration judge and BIA both found him deportable on the basis of ties to MS13. And they denied his asylum claim.
So the scope of what’s at issue here is compliance with whatever “protection from deportation” might exist where someone has been found to be deportable due to gang ties, and found to lack a valid asylum claim. What possible justification could there be, and are we going to let all the 22 million illegal aliens in the country invoke such third-string justifications?
Kind of a weird question to ask, given that the deportations to El Salvador pretext on the Alien Enemies Act involve none of that, and this specific individual was granted protection from deportation to El Salvador at his immigration hearing in 2019, and the government chose not to appeal.
Note that as well as being in violation of the only decision made by an immigration judge in his individual case, his removal under the Administrations invocation of the Alien Enemies Act also is outside of the authority of invocation of that Act even if one assumes the invocation is valid, as, being invoked on the pretext of an existing war with Venezuela initiated by a Venezuelan invasion of the US (which is preposterous on its face, and the Administration is doing nothing to prosecute the war initiated by this invasion beyond deporting people without due process, demonstrating the lack of seriousness of the claim), it applies only to Venezuelan nationals, and he is Salvadoran.
That said, before being enslaved—and those sent to CECOT are both enslaved and trafficked in the international slave trade—under the 13th Amendment, yes, anyone is entitled to criminal trial.