There are immigration judges for the deportee’s so due process is not being violated although it’s an expedited process
What is your source for this? What immigration judges are purportedly involved in the expedited process concerning the people in the prison in El Salvador?
The administration could have used 8 USC 1227, but they chose to use 50 USC 21.
www.law.cornell.edu
www.law.cornell.edu
There are expedited deportation processes that could have been used, but I have found nothing on the court record indicating that any such process was being used. Here's a link to the case:
The appearance it creates is that the administration did not have sufficient evidence to use one of the other deportation laws, so Trump made a very quiet proclamation and and then got the deportees out of the country as quickly as possible in an effort to avoid judicial review.
If a President can make findings of fact and deport people without judicial review, and if the courts are powerless to do anything about it once the people are locked up in a foreign prison, a president can deport and lock up anyone.
In some ways, this reminds me of the drone strikes that killed U.S. citizens
>>>
Abdulrahman Anwar al-Awlaki . . . was a 16-year-old United States citizen who was killed by a U.S. drone strike in Yemen. He was the son of
Anwar al-Awlaki. . . . The U.S. drone strike that killed Abdulrahman Anwar al-Awlaki was conducted under a policy approved by U.S. President Barack Obama.<<<
en.wikipedia.org
Now that I've torqued off people on both side of the R v D political divide (please people, we are Americans, we are not on these stupid teams the politicians form to advance their own self interests).
Perhaps a future president Obama during a 3rd or 4th term in office (after pulling off a Trumperoosky end run on the 22nd Amendment) will deport and lock up Bondi and Miller. Keep in mind that the government is arguing that the President's findings of fact under the Alien Enemies Act cannot be reviewed by the courts, so Obama could declare Bondi and Miller to be enemy aliens and they'd be SOL (In Miller's case he might live happily ever after eating sh*t in a foreign jail)
Going back to an earlier point, the administration had plenty of other options to deport these people. If I had to concoct a (somewhat) viable reason to invoke the Alien Enemies Act (AEA), conceivably the administration might have had some evidence suggestng that the people that were deported were being directed by the government of Venezuela to harm the U.S. If the information was gathered through means the government does not want to disclose in court, conceivably the government could decide to invoke the AEA. Off hand, this strikes me as impluasible for several reasons, but I guess it is theoretically possible (I'm not taking a stand on this, if someone has a good reason this is not even theoretically possible I'm all ears, so to speak).