While new deportations under the Alien Enemies Act would be a violation of the court order, the administration could use standard immigration processes for removals. The administration asked the US Supreme Court to lift the halt on Trump's use of the law after a federal appeals court left it blocked last week.
In a court filing over the weekend, the ACLU said it appeared the administration was using a checklist called the Alien Enemy Validation Guide to determine membership in Tren de Aragua, raising questions about the process.
The most heavily weighted factors in the checklist were prior criminal convictions tied to Tren de Aragua, self-professed membership and conducting phone calls about gang business with known members, according to the document. However, under the rubric, tattoos, clothing and hand gestures could also be used to establish membership, factors experts cited in the case said were not reliable indicators.
White House press secretary Karoline Leavitt defended the process used by US immigration agents to make gang determinations in response to a reporter's questions on Monday.
“There is a litany of criteria they use to ensure the individuals qualify as foreign terrorists and to ensure they qualify for deportation,” Leavitt said.
A list of 16 deportees published by a Fox News reporter and confirmed by the White House showed 12 people with criminal convictions, one self-admitted gang member and three facing charges.
**Reuters**