Its a simple prospect, being classified as a member of a foreign terrorist organization that has invaded the US gets you classified an “Alien Enemy” and subject to immediate deportation. You are granted the opportunity to file a habeus petition where you can argue to the judge that you are not in fact a member of the foreign terrorist organization. If you convince the judge, then you are not an alien enemy, just an illegal alien. As an illegal alien you can apply for asylum, at which time you will either be detained, wait in a third country, or be paroled from detention “for the benefit of the US”. I have seen nothing that would say any of these people give any benefit to the US. So, either detention or third country. If they don’t want to wait in a 3rd country for their hearing, detain them. Where is irrelevant, a tent at the border, sing sing, matters little to me, hell, commandeer some cruise ships and set them all afloat.
“No, not all deportees under the Alien Enemies Act (AEA) are sent to the CECOT (Terrorism Confinement Center). While a portion of deportees, including those under the AEA, have been sent to the CECOT, it’s not an automatic destination for all deportees. “
Why wouldn’t they? In the past, denial of asylum and issuing a removal order did not actually mean enforcing the deportation. An estimated 1.5M aliens have been ordered removed and remain in the country.
“Following the denial of an asylum application, the Trump administration’s policies have focused on expediting deportations and limiting opportunities for asylum seekers to remain in the U.S… “