If agents determine the answer is yes, Homan said, the Trump administration believes that detainee's rights to due process are limited.
Not so fast, the Supreme Court said late Monday. The court signaled that detainees designated as "enemies" of the U.S. could be deported, but should have some way to challenge their removal.
... "ICE is the principal arbiter" in weighing whether such factors warrant deportation, Homan said. "There's a Homeland Security task force and a lot of agents involved. ... But it starts with ICE."
The administration claims Garcia is a member of MS-13, a transnational gang that U.S. officials have designated as a terrorist organization.
U.S. District Judge Paula Xinia in Maryland said Trump's team made a "grievous error" deporting Garcia, and that evidence indicating he's a gang member "consisted of nothing more than his Chicago Bulls hat and hoodie." (link)
Comments from W. H. Bernstein
Again, I have written about this numerous times: when you see something is "linked to" something else, you are being played. What does "linked to" mean? I am "linked to" a convicted sex offender (our kids went to the same school and we had him and his wife over for dinner once). I am not a convicted sex offender (or even an unconvicted or accused one).
But to be "linked to" a gang might mean your childhood friend is in one. Your cousin is part of one. You live in the same building as one. It is a meaninglfess term.
Which is why in the U.S. we rightly have a judicial process for sorting that, with an adversarial system between accused and accuser and a judge to adjudicate merits.
Homan doesn't want that. As all authoritarians do, he believes he and his agents create reality. No adjudication allowed.
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