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Come on NBC, this is bullshit. They have no authority because there is no declared war. This is not a question. The law in question states, "in time of war". This is a fact. Congress has not declared war, therefore this is not wartime. The only question is why the courts and congress are not doing their jobs and putting an end to it.
More embarrassing for NBC, is the use of the word adjudications in this passage. What adjudications about gang membership? There have been no adjudications stating that any of these people are gang members because they have not been afforded due process and the courts have made no such rulings at all.
He admitted in 2019 to having been in a gang as a 16-year-old that would result in persecution if he were returned to El Salvador, hence the judge’s ruling on blocked deportation. He testified that he came here to leave that life behind.
"Having been in a gang" does not equal is "in a gang." The courts at the time said he was formerly in a gang and was in danger for having left the gang. He qualified for protection from deportation because he was no longer in a gang. Therefore, it has not been adjudicated that he is in any gang.
I don't think even that's right, I think ICE claimed he was a member of MS-13 (based off of one bullshit statement from a cop whose not allowed to testify anymore for the state prosecutors because he got caught lying about so much other stuff (arc)), but I don't think the immigration court ever really addressed that and just left it at "If you wanted asylum you should have asked within one year after getting into the country but you've been here 7 years, and that's reason enough to rule against you"
Besides that, Garcia never said he was a member of a gang. He said his family was threatened by a completely different gang and that they were going to hurt him if he didn't join them, but he left instead of joining them (arc).
Like, his only real connection to a gang is being a victim of it, but the Laken Riley Act supporting assholes of our world will never give a shit about brown people being victimized by criminal gangs because they're racist hypocritical douchebags (and maybe they understand on some level they've got the same kind of symbiotic relationship with MS-13 that George W had with Al Quaeda and Netanyahu has with Hamas).