[kcplate]

> Except they literally just sent Venezuelans to an El Salvador prison without a judge being involved

Judge being involved…yet. There is a lot of flexibility within the INA and its subsequent legal modifications to detain a noncitizen while their case is being heard. My guess is the weakest argument for the government in all of this is that they were actually physically removed from the US prior to their hearing being completed. Their detention is lawful. Where they are detained might have to be remedied by SCOTUS.

[eapressoandcats]

We don’t know if their detention is lawful. Whether their detention is lawful hasn’t been litigated yet, but the fact they there’s a preliminary injunction against them doing it more that was upheld by the DC circuit court indicates that it is not lawful.