Since I was called out I will post just this once.
The whole point is NOT was he a gang member. He was rounded up and detained and sent to El Salvador against a court order. Trump admitted it was a “mistake.” He has made a half hearted, weak “request” to have him returned. Anyone that defends that must accept that the executive branch has supreme power to break any law it wants.
As chief executive, the president not only has the duty to enforce laws, but also the authority
to decide how to do so.
Every law enforcement agency, including the agencies that enforce immigration laws, has
“prosecutorial discretion” — the power to decide whom to investigate, arrest, detain,
charge, and prosecute. Agencies may develop discretionary policies specific to the laws
they’re charged with enforcing, the population they serve, and the problems they face.
The U.S. Department of Homeland Security (DHS) may decide how to prioritize its
resources in order to meet its stated enforcement goals.
Executive authority to take action is thus “fairly wide,” as former INS Commissioner Doris
Meissner has said.1 The Supreme Court has emphasized the federal government’s “broad
discretion,” which includes consideration of “immediate human concerns.”2