Here the program is "ICE picks you up off the street, without telling anybody. Writes in some internal document that you're a foreign national member of a gang, without telling anybody or giving you a chance to challenge that. Ships you off to El Salvador's concentration camp, without telling anybody". To this date even the lawyers challenging the program don't actually know the name of everyone who was shipped to El Salvador.
Maybe somebody finds out, by looking at ICE publicity photos that you happen to be in the background of, maybe not. Maybe you are a member of the gang, maybe you're a US citizen whose never even heard of the gang. Doesn't matter, there was no chance to challenge ICEs decision. You weren't even informed of the decision, you were just put on a plane without being told why. And once you're there, even if somebody figures out that's where you are and challenges the decision on your behalf, the US has no authority to bring you back.
They're paying to keep you there, but """can't""" bring you back.