Homan: Deported migrants have 'less' due process but 'no one's removed just because of a tattoo'
Border czar Tom Homan on Sunday claimed migrants deported under the Alien Enemies Act have “less” due process, but argued that no one has been removed based solely on their tattoos.
“The length of due process is not the same under the Alien Enemies Act,” Homan said Sunday while appearing on ABC News’s "This Week."
Homan’s comments come as the Trump administration has removed over 200 Venezuelan and Salvadoran men to a notorious prison in El Salvador after accusing them of having gang ties. None of the men had a chance to challenge their removal or accusation of gang affiliation in court, and the Trump administration has argued it has no ability to seek the return of any man once they are in Salvadoran custody.
Host Jonathan Karl pushed back on Homan, noting the Supreme Court has held that all those within the U.S. are guaranteed the due process protections of the Constitution regardless of their immigration status.
“I'm not arguing over here that nobody should get due process, I'm just saying there's a different process under Alien Enemies Act, less of a process than you see through Title 8,” he said, referencing immigration authorities.
Documents from immigration officials shows many of the men removed to El Salvador were cited for having tattoos.
One man was accused of being a member of the Tren de Aragua gang based on having tattoos reading “mom” and “dad” in Spanish beneath a crown, these documents show. Friends have said the crown was a nod to the Three Kings Day celebrations his hometown is known for, not the gang.
Another man, a soccer player, was identified by authorities as a gang member because of his tattoos, the documents stated, but the designs were a nod to the Spanish soccer powerhouse Real Madrid.
Homan argued it wasn't just the tattoos that led to the deportations or the conclusions the men were members of the gang.
“That's not the only one. You can't say, okay, tattoo, gang member. No, there's other indices added to that tattoo. Tattoo’s one factor that adds to other factors that makes that determination. What I'm saying is, you can't ignore a tattoo,” Homan said.
“It's based on a lot of other things, but tattoo is one of many. But no one's removed just because of a tattoo."
The Supreme Court earlier this month allowed the Trump administration to resume removals under the Alien Enemies Act but said those being deported must be given “reasonable time” to challenge their removal in court. On Saturday, however, it reversed course, barring for now any additional flights under the Alien Enemies Act.
Organizations representing migrants in court said many of those deported have been given just 24 hours notice of their possible removal, a notification that does not make clear that they will be removed to a Salvadoran facility.
The 1798 Alien Enemies Act enables migrants to be summarily deported amid a declared war or an “invasion” by a foreign nation. The law has been leveraged just three previous times, all during wars, but Trump contends he can use it because the Venezuelan gang Tren de Aragua is effectively invading the U.S.
