I understand the distinction between expedited removal under the INA and deportations under the Alien Enemies Act (AEA). However, the key issue is whether the AEA properly applies in the cases it has been used for and, if so, whether sufficient evidence is presented to justify deportation under the President’s Proclamation.
Recent rulings have shown divided judicial opinions on the matter. While Judge Stephanie Haines upheld the use of the AEA for deporting Venezuelan nationals identified as members of Tren de Aragua, she also ruled that the administration must provide at least 21 days' notice and allow individuals to challenge their deportation. Other federal judges have blocked the use of the AEA, arguing that the gang does not meet the legal threshold for a government-backed incursion.
Even if the AEA is deemed applicable, the burden of proof should be well established before expulsion. The administration has faced criticism for deporting individuals without clear evidence of gang affiliation, sometimes based on unverified accusations. Without proper safeguards, this approach risks bypassing due process and setting a precedent for executive overreach.
The question isn’t whether deportation is appropriate for criminals—it’s whether the legal framework is being applied correctly and whether individuals are given a fair chance to contest their designation before removal.
As far as this case specifically applies, I'm fine with expedited removal in this and similar cases where the identity of the individual is well known. Expedited removal has, in rare cases, resulted in misidentification and unlawful detainment of legal citizens.