Why Would the American People Have a Problem with ICE Being the Principle Authority in Deciding Gang Member Affiliations for Deportees?

By The Blog Source

According to Tom Homan, under the Alien Enemies Act, ICE is the "principal" authority in deciding a person's gang connection and, thus, their eligibility for quick deportation. The Supreme Court intervened to uphold the right to due process for inmates classified as "enemies," at least in part. The administration's use of little or circumstantial evidence, like a hat or sweatshirt, in certain deportation cases is being contested by civil liberties organizations.

Border Czar Tom Homan outlined the Trump administration's stance in an exclusive interview with Axios: immigration enforcement officers, especially those in ICE, have the authority to determine who is a gang member and should be deported from the country. A multi-factor investigative method is used to make these determinations, which includes looking at social media behavior, past criminal or immigration records, and even information from surveillance or informants.

Homan underlined that conventional standards for criminality are inadequate because many gang members operate without official criminal records. He stated, "It's more than criminal history." An eight-point threshold that justifies deportation can be reached by a verbal admission or gang tattoos, according to ICE's scoring formula. While an outright admission of gang connection can satisfy the criteria on its own, a tattoo signifying loyalty to the Tren de Aragua gang, for instance, receives four points.

The Trump administration is using the rarely used Alien Enemies Act as a legal basis to expedite the deportation of anyone suspected of having ties to violent or terrorist-affiliated gangs like MS-13 or Tren de Aragua. Citing explicit guarantees from ICE headquarters, Homan said that "everyone that was removed under the Alien Enemies Act was a gang member and a terrorist."

Experts in immigration policy and civil rights activists are raising the alarm. According to the Migration Policy Institute's Muzaffar Chishti, ICE's decision alone shouldn't be adequate in accordance with the constitution. The American Immigration Council's Nayna Gupta went farther, describing the administration's rejection of due process as "wild" and pointing out that the accused were given the opportunity to be heard even while the Alien Enemies Act was being employed during a war.

The Trump administration continues to stand its ground in the face of legal opposition. Asserting that the government is merely implementing already-existing laws, Homan defended the enforcement strategy as legal and essential, albeit with greater strength and less tolerance for procedural hold-ups.

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