John Torres, former acting director for the Office of Detention and Removal in the U.S. Immigration and Customs Enforcement, told Newsmax Saturday that if the Supreme Court rules against the Trump administration's effort to use the Alien Enemies Act to deport criminal noncitizens, other immigration enforcement tools remain available.
Torres, appearing on "America Right Now," addressed the administration's petition to the high court seeking to overturn a federal judge's order barring using the Alien Enemies Act to deport illegal immigrants to El Salvador. A three-judge appellate panel recently declined to lift that order.
"So I see this playing out, obviously, going to the Supreme Court, where they'll have to make a decision whether or not he can actually remove people under the Alien Enemies Act," Torres said. "The president has the authority to designate terrorist groups and then use that authority to remove them from the country."
However, Torres said, if the court rules against the administration, alternative options remain available.
"Let's say he does lose this. Let's say the court rules against him," Torres said. "He has the ability to continue to use the immigration courts to remove people and go through the due process, which is going to take a lot longer.
"It will require more detention space, more resources, more tax dollars because you'll have to hold these people in custody longer while they go through this process," he said.
Beyond the court system, Torres pointed to another enforcement option: Section 287(g) of the Immigration and Nationality Act.
"They can use, as you mentioned at the top of the story, section 287(g) ... where they can actually expand their authority, delegate it to police officers and sheriffs' departments across the country," Torres said.
"We see them using it in the jails to help with that detention — but, of course, with task forces out on the streets with state patrol officers in different states, where they can then turn around and arrest more people."
Without the Alien Enemies Act, Torres said, the administration will have to rely on standard immigration procedures.
"But as you see, if they can't use this type of Alien Enemies Act authority, they will have to use the current Immigration Nationality Act processes to go through this process, and it will take a lot longer," he said.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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