You can absolutely be arrested for being a gang member because it is an organized criminal racket. The primary reason most prosecutors and judges don't just issue out warrants because of that alone, is because they are attempting to fully document out the scope of the racket.
MS-13 was stupid and decided the only way you could be a member of their gang was by having killed and raped someone, and if you got caught with a tattoo and not in the gang, you would be executed.
As a result, each tattoo is an out-of-court record of admission of guilt to at least one murder, and one rape. That's your probable cause. If that's all you had, without a body, it would be hard to finish a prosecution; unless you hit the whole racket all at once. Which is what happened. Furthermore, the conduct of the gang had morphed from criminal activity into full-blown terrorism. At that point, the entire gang is either enemy combatants, or engaged in an insurrection.
As such, rounding up each and every member of a terrorist insurrection whose members explicitly make out-of-court-records-of-admission for rape & murder is actually super easy. You could do this in the US, and I don't even know that you'd need an insurrection act declaration to do it.
This is the whole point: none of this was outside of the system. It was within it, and all it required was the will to do it.
As for Trump, he's surrounded himself with better people, and had very little power to do anything before he was out of office, and not much in the mean time.
You can absolutely be arrested for being a gang member because it is an organized criminal racket. The primary reason most prosecutors and judges don't just issue out warrants because of that alone, is because they are attempting to fully document out the scope of the racket.
MS-13 was stupid and decided the only way you could be a member of their gang was by having killed and raped someone, and if you got caught with a tattoo and not in the gang, you would be executed.
As a result, each tattoo is an out-of-court record of admission of guilt to at least one murder, and one rape. That's your probable cause. If that all you had, without a body, it would be hard to finish a prosecution; unless you hit the whole racket all at once. Which is what happened. Furthermore, the conduct of the gang had morphed from criminal activity into full-blown terrorism. At that point, the entire gang is either enemy combatants, or engaged in an insurrection.
As such, rounding up each and every member of a terrorist insurrection whose members explicitly make out-of-court-records-of-admission for rape & murder is actually super easy. You could do this in the US, and I don't even know that you'd need an insurrection act declaration to do it.
This is the whole point: none of this was outside of the system. It was within it, and all it required was the will to do it.
As for Trump, he's surrounded himself with better people, and had very little power to do anything before he was out of office, and not much in the mean time.