Have these people already been convicted of the misdemeanor of illegal entry or are they awaiting trial? Is it a common practice to lock up people for misdemeanors offenses while they await trial?
Did congress directly authorize an exception to the Posse Comitatus Act of 1878 which prohibits the use of U.S. military forces to perform the tasks of civilian law enforcement such as detention? I ask because the President does not have the authority to suspend the Posse Comitatus Act. Only congress has that power.