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Trump to use wartime Alien Enemies Act of 1798 to deport illegal migrants from ‘enemy nations’: sources

Hans Blaster

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Yes indeed. I hope deporting verified gang members would be a non-partisan issue.
Gang members aren't part of a nation's army. They are not relevant to this thread.
 
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Nithavela

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I think the question of what nation the USA is at war with a bit silly. The USA has been at war for almost it's entire history with one nation or another.
 
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Landon Caeli

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Gang members aren't part of a nation's army. They are not relevant to this thread.
If they purchase drugs, such as fentanyl, from cartels, then they're recoeving illegal material goods from what has recently been redefined as "terrorist organizations" by the current administration.

...That's aiding and assisting terrorists!
 
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Hans Blaster

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If they purchase drugs from cartels, then they're associated with what has recently been deemed "terrorist organizations" by the current administration.
terrorist organizations aren't nation-states and are rarely associated with them. Certainly none of the central American drug cartels fit that categorization. If they are criminals, certainly there are some statutes that make it easier to deport them -- use them Mr. Trump.
 
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Landon Caeli

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terrorist organizations aren't nation-states and are rarely associated with them. Certainly none of the central American drug cartels fit that categorization. If they are criminals, certainly there are some statutes that make it easier to deport them -- use them Mr. Trump.
I'm not sure that there needs to be an active war against a nation-state, per se, in order for the act of 1978 to be implemented.
 
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Landon Caeli

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Goonie

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They didn't have the terrorist groups we have today back in 1798. So it will be interesting to see what the courts have to say.
Courts that, were they do disagree with the Supreme Leader, will promptly be declared activist unelected judges.
 
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MyOwnSockPuppet

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The invocation of the act could run into legal hurdles, however, as lawyers argue the act can only be invoked during war time

Who are our enemies? On whom have we declared war?
My money is on the orange idiot's axis of evil - Greenland, Canada and Panama
 
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Landon Caeli

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Big clue in the word 'war' since then only invoked world war 1 and Deux.
Bigger word being "undeclared"... IOW, it can be against anyone with whom military operations have taken place, or may take place in the future, or as decided by the people in the government, and not by any letter of the law.
 
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Servus

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You're both incorrect.
Absolutely correct. The act allows for the imprisonment and deportation of enemy aliens without judicial overview.

It allowed for the US to set up concentration camps to house American citizens who were of Japanese descent in world war 2.
 
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Servus

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Absolutely correct. The act allows for the imprisonment and deportation of enemy aliens without judicial overview.

It allowed for the US to set up concentration camps to house American citizens who were of Japanese descent in world war 2.
Even American citizens are incarcerated all the time before they go before a judge. The Department of Homeland Security has the authority to revoke visas and green cards and deport.
 
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Hans Blaster

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I'm not sure that there needs to be an active war against a nation-state, per se, in order for the act of 1978 to be implemented.

1798.

The codified version of the statute starts:

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government,

even for a not-yet-war or undeclared war, it has to involve an actual foreign nation or government. The cartels are neither.

 
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