US Secretary of Homeland Security Kristi Noem
US Secretary of Homeland Security Kristi Noem speaks during a tour of a maximum security prison in El Salvador AFP

, howeHomeland Security Secretary Kristi Noem defended the Trump administration's decision to take over 200 Venezuelan migrants in a maximum-security prison in El Salvador, saying those imprisoned should remain there permanently.

"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 following an Immigration and Customs Enforcement (ICE) event reported by Axios. She cited intelligence from immigration enforcement, the State Department, and other agencies as the basis for the decision.

Noem's comments come days after the Supreme Court allowed the Trump administration to resume using the 1798 Alien Enemies Act to deport Venezuelan migrants accused of gang affiliations. In a 5-4 decision, the Court ruled, however, that deportees must be given a "reasonable time" to challenge their removal in court, but affirmed the administration's authority to proceed under the wartime statute.

Legal experts consulted by the outlet raised due process concerns upon Noem's comments. Aaron Reichlin-Melnick of the American Immigration Council stated that "nothing in U.S. immigration law would permit indefinite imprisonment without court decisions." He also added that:

"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"

In another 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, adding that ICE officials at the highest level had assured him that "everyone that was removed under the Alien Enemies Act was a gang member and a terrorist."

Internal government documents obtained by CBS News last week showed that 75% of the 238 Venezuelans deported to El Salvador's mega-prison had no criminal record in the U.S. or abroad. Most of those with records were charged with non-violent crimes like theft or trespassing. Only about a dozen were tied to serious violent offenses.

On Wednesday, a Texas judge blocked three deportations under the Alien Enemies Act. Concretely, judge Fernando Rodriguez Jr., who was appointed by Trump, cited this week's Supreme Court ruling on the matter, which establishes that people targeted for deportation must be given time to challenge the decision and undergo judicial review.

Rodriguez also noted that "maintaining the status quo is required to afford the parties the ability to develop a fuller record for the Court to consider the request for a preliminary injunction and other forms of relief as presented in the Class Petition for Writ of Habeas Corpus, and to prevent the immediate and irreparable injury that may occur with the immediate removal of any Venezuelan alien subject to the Proclamation

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