Migrant detainees should be in El Salvador prison "for the rest of their lives," Noem says

Zoom in: Her comment came two days after the Supreme Court signaled that such detainees designated as "enemies" of the U.S. can be deported — but should have some way to challenge their removal.

• "We're confident that people that are [imprisoned in El Salvador] should be there, and they should stay there for the rest of their lives," Noem said after an Immigration and Customs Enforcement (ICE) event.
• She said her assessment was based on intelligence work by ICE and other agencies, including the State Department.

Catch up quick: The administration's use of the Alien Enemies Act of 1798 to deport the alleged members of the Venezuelan gang Tren de Aragua to the El Salvador prison has drawn several legal challenges.

• In an interview with Axios this week, border czar Tom Homan said immigration agents are the "principal" deciders on whether a detainee is linked to a gang and should be deported immediately.
• A recent CBS News investigation found that 75% of those sent to the prison had no criminal records.

ICE agents' decisions for identifying gang members are made using a rubric with an eight-point threshold for removal, according to a court document.

• In the case of Tren de Aragua, a tattoo "denoting membership/loyalty to TDA" would count four points toward a removal action, according to the document. If a person admits being a gang member, that alone would be enough for removal from the U.S.

• In his interview with Axios, Homan said: "I've talked to the highest level at ICE and they've reassured me several times: Everyone that was removed under the Alien Enemies Act was a gang member and a terrorist."

The other side: "Nothing in U.S. immigration law, nothing in U.S. criminal law would permit" the detainees to be imprisoned indefinitely without court decisions, said Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council.

• "To see Secretary Noem's suggestion that people never convicted of any crime, who have received no process whatsoever [but will be] imprisoned for life at U.S. expense, is something that should make every American who believes in civil liberties angry."