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

[FreeinChrist]

Everyone has the choice to abide by the SCOTUS or disregard what they say, and go with their own choice instead... That's not an opinion.

Then those who do not abide what SCOTIS has decided has to deal with the consequences of what they chose.

 

[rjs330]

We are going to have hearings, as is the standard in deportations.

No its not. Not everyone who is deported get a hearing. That's the way it's been done for decades.

However that shouldn't have been the case for Garcia in this instance. He had his hearing back in 2019. The only reason he needed one now was to make sure he was clear to go to El Salvador. If they would have deported him anywhere else he wouldn't have gotten one.

 

[wing2000]

No its not. Not everyone who is deported get a hearing. That's the way it's been done for decades.

However that shouldn't have been the case for Garcia in this instance. He had his hearing back in 2019. The only reason he needed one now was to make sure he was clear to go to El Salvador. If they would have deported him anywhere else he wouldn't have gotten one.

Source?

 

[Hans Blaster]

No its not. Not everyone who is deported get a hearing. That's the way it's been done for decades.

However that shouldn't have been the case for Garcia in this instance. He had his hearing back in 2019. The only reason he needed one now was to make sure he was clear to go to El Salvador. If they would have deported him anywhere else he wouldn't have gotten one.

Is that why they sent him the the prison in El Salvador without a hearing?

 

[rjs330]

Is that why they sent him the the prison in El Salvador without a hearing?

I dont think you read my post.

"The only reason he needed one now was to make sure he was clear to go to El Salvador."

That should have answered your question.

 

[wing2000]

I dont think you read my post.

"The only reason he needed one now was to make sure he was clear to go to El Salvador."

That should have answered your question.

What is your source for that legal assertion?

 

[rjs330]

What is your source for that legal assertion?

Because the court ruled previously that he couldn't be deported to El Salvador due to the danger to his life from MS13s rival gang there.

According to the court documents a withholding of deportation only refers to deportation to a specific country rather than the right to remain in the US. This is the contrast with asylum. INA 241 b3.

The court referred to INS v Aguirre-Aguirre 526 US 415 1999.

This entire process is based upon the fact that the Respondent is in danger if removed to THE PROPOSED COUNTRY of removal. El Salvadore was the proposed country of removal.

The coyrt denied his asylum but grated his non-removal to EL Salvador because that's where INS was going to send him as the proposed country of removal.

 

[Godsunworthyservant]

Trump says a lot of things. This particular instance shows a lack of understanding of the very act he's threatening to invoke. If you read the Alien Enemies Act of 1798 it is a wartime authority. It can only be invoked in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. It has been invoked on three occasions. Each was during a major declared war; the War of 1812, World War I, and World War II. To use it against citizens of a country with which we have not declared war would be a major constitutional issue. The Supreme Court has that the Alien Enemies Act is a wartime authority and was only enacted and implemented under the war power. In the Constitution and other late-1700s statutes, the term invasion is used literally typically to refer to large-scale attacks. The term predatory incursion was also deemed to mean a literal incursion by an enemy, such as the 1781 Raid on Richmond led by American defector Benedict Arnold.

Now Trump and the right want to use a non-literal reading of the statute so that the Alien Enemies Act can be invoked in response to unlawful migration and cross-border narcotics trafficking. But their proposed reading of the law is at odds with centuries of legislative, presidential, and judicial practice, all of which confirm that the Alien Enemies Act is a wartime authority. Invoking it in peacetime to bypass conventional immigration law would be a staggering and flagrant abuse of war time authority based on past Supreme Court rulings.

This would again open up the constitutional argument against the Act itself. For instance, the Fifth Amendment protects U.S. citizens and immigrants against discrimination and rights violations perpetrated by the federal government. The Alien Enemies Act could be seen as discriminatory against immigrants based on their country of citizenship and, more broadly, based on their ancestry. The Alien Enemies Act covers not only the citizens of a foreign belligerent but also the “natives” or individuals who were born in the enemy state but renounced their citizenship and no longer owe allegiance to that state. The law’s application to “natives” clarifies the law’s focus on birth heritage and its conflation of ancestry with disloyalty in wartime. In the decades following World War II, when Congress and the Executive branch apologized for Japanese, German, and Italian internment, they recognized that immigrants had been targeted, regulated, and interned under the Alien Enemies Act wrongly based on their ancestry.

This unprecedented use of the act could also run afoul of the right to be free from indefinite civil detention, as recognized by the Supreme Court in its 2001 Zadvydas v. Davis opinion.

More broadly, the Alien Enemies Act could be in conflict with a central theme of American law and ethos: the right to be judged as an individual, particularly for high-stakes decisions such as detention or deportation. Across U.S. history, only one other law authorized identity-based deportations. That law, the Geary Act of 1892, was passed as a part of Chinese exclusion, and it reflects another shameful chapter of U.S. history that has been the subject of both Congressional and Presidential apologies. All we can do is hope that the current President and Congress won't create another reason for apologies.

 

[wing2000]

SCOTUS temporarily bars government from removing Venezuelan men under Alien Enemies Act​

The prohibition came in an unusual overnight order that followed a Friday evening appeal from lawyers representing the men, who told the justices that “dozens or hundreds” of detainees “are in imminent and ongoing jeopardy of being removed from the United States without notice and opportunity to be heard, in direct contravention of” a ruling by the justices less than two weeks ago.

In a brief unsigned order released to reporters just before 1 a.m. Saturday morning, ... the court emphasized in clear language, the government should not “remove any member of the putative class of detainees from the United States until further order of this Court.”

Justices Clarence Thomas and Samuel Alito dissented from the court’s order. They did not provide any explanation for their votes on Saturday morning, but the order indicated a statement from Alito would follow – a relatively rare move, but not unprecedented in light of the hour at which the order was issued and the speed with which the court acted.

Alito's dissent.

Alito-Alien Enemies Act order

Alito's dissent in Alien Enemies Act

www.documentcloud.org

Harry Litman's take:

 

[essentialsaltes]

Gee, maybe you shouldn't have torpedoed the plan to hire some immigration judges.

I know it's inconvenient to have to do things like 'get warrants' and 'have trials', but until you're elected Red Queen, you'll have to deal with the Constitution.

 

[wing2000]

View attachment 363936

Gee, maybe you shouldn't have torpedoed the plan to hire some immigration judges.

I know it's inconvenient to have to do things like 'get warrants' and 'have trials', but until you're elected Red Queen, you'll have to deal with the Constitution.

Note the call out to Alito....after a 7-2 defeat in the USSC.

 

[BPPLEE]

View attachment 363936

Gee, maybe you shouldn't have torpedoed the plan to hire some immigration judges.

I know it's inconvenient to have to do things like 'get warrants' and 'have trials', but until you're elected Red Queen, you'll have to deal with the Constitution.

View attachment 363936

Gee, maybe you shouldn't have torpedoed the plan to hire some immigration judges.

I know it's inconvenient to have to do things like 'get warrants' and 'have trials', but until you're elected Red Queen, you'll have to deal with the Constitution.

That was part of the plan, let as many people as possible in knowing it would be impossible to deport a significant number of them

 

[essentialsaltes]

Judge extends block on deporting alleged gang members under Alien Enemies Act​

U.S. District Judge Alvin Hellerstein, at a hearing Tuesday, temporarily extended his April 9 order in which he temporarily blocked detained migrants being held in the Southern District of New York from being deported without due process.

The relief Hellerstein granted is limited to approximately a dozen migrants currently detained in a few New York counties.

In Colorado, meanwhile, U.S. District Judge Charlotte Sweeney issued a temporary order Tuesday that prohibits the administration from using the law to deport noncitizens currently within that state, further requiring that noncitizens subject to the AEA removal receive at least three weeks' notice before deportation..

 

[essentialsaltes]

Gee, maybe you shouldn't have torpedoed the plan to hire some immigration judges.

And while you're at it, maybe stop firing them and making the problem worse.

Trump fires more immigration judges in what some suspect is a move to bend courts to his will​

“These firings made no sense,” said Matt Biggs, president of the International Federation of Professional and Technical Engineers, the union representing the nation’s 700 immigration judges. “When you do the simple math, each judge does 500 to 700 cases a year. Most of them are deportation cases. So what he’s effectively done is he’s increased the already huge backlog that the immigration courts face.”

The Executive Office for Immigration Review, or EOIR, which runs the immigration court system, fired at least two dozen more immigration judges and supervising judges in February, including five from California courts, according to the judge’s union. [And now 8 more. And a baker's dozen of probationary judges.]

“Do they intend to fire immigration judges because they don’t rule on cases the way Donald Trump wants them to rule? he asked. “You can easily see a scenario where that could happen.”

“We should regard all these efforts as experiments. In their effort to bring expedited removal to all, to the whole system,” Ashar said. “It’s part of the administration’s attack on extending due process to immigrants in the U.S.”

President Trump wrote on social media Monday that not everyone should be given the same rights before a judge, lashing out at the Supreme Court after it ordered a temporary pause on deportations under the Alien Enemies Act.

“We cannot give everyone a trial, because to do so would take, without exaggeration, 200 years,” he stated. “We would need hundreds of thousands of trials for the hundreds of thousands of illegals we are sending out of the Country. Such a thing is not possible to do.”

Nevertheless, the Constitution persisted.

 

[essentialsaltes]

Leaked Trump Memo Tells ICE to Break into Homes Without Warrants​

The memo, obtained by USA Today and issued by Attorney General Pam BondiMarch 14, orders Immigration and Customs Enforcement (ICE) officials to break into the homes of suspected members of the Venezuelan gang Tren de Aragua without a warrant.

“Given the dynamic nature of enforcement operations, officers in the field are authorized to apprehend aliens upon a reasonable belief that the alien meets all four requirements to be validated as an alien enemy,” it read.

It added: “This authority includes entering an alien enemy’s residence to make an [Aliens Enemies Act] apprehension where circumstances render it impracticable to first obtain a signed notice and warrant of apprehension and removal.”

--

“The administration’s unprecedented use of a wartime authority during peacetime was bad enough,” [ACLU lawyer] said. “Now we find out the Justice Department was authorizing officers to ignore the most bedrock principle of the Fourth Amendment by authorizing officers to enter homes without a judicial warrant.”

 

[Hans Blaster]

Leaked Trump Memo Tells ICE to Break into Homes Without Warrants​

The memo, obtained by USA Today and issued by Attorney General Pam BondiMarch 14, orders Immigration and Customs Enforcement (ICE) officials to break into the homes of suspected members of the Venezuelan gang Tren de Aragua without a warrant.

“Given the dynamic nature of enforcement operations, officers in the field are authorized to apprehend aliens upon a reasonable belief that the alien meets all four requirements to be validated as an alien enemy,” it read.

It added: “This authority includes entering an alien enemy’s residence to make an [Aliens Enemies Act] apprehension where circumstances render it impracticable to first obtain a signed notice and warrant of apprehension and removal.”

--

“The administration’s unprecedented use of a wartime authority during peacetime was bad enough,” [ACLU lawyer] said. “Now we find out the Justice Department was authorizing officers to ignore the most bedrock principle of the Fourth Amendment by authorizing officers to enter homes without a judicial warrant.”

NOTE: This "authorization" doesn't make it legal.

 

[BPPLEE]

Federal judge opens door to Alien Enemies Act targets suing Trump administration

A judge appointed by President Donald Trump allowed targets of the Alien Enemies Act to pursue a class-action case against the Trump administration.

www.foxnews.com

Federal judge opens door to Alien Enemies Act targets suing Trump administration​

Trump-appointed judge allows targets of Alien Enemies Act to pursue class-action suit​

 

[NxNW]

No, it's not good news, and I think these rogue judges need to be held accountable.

What's the definition of rogue judge?

 

[NxNW]

He should not have entered the country illegally and should not have beat his wife.

Neither happened.

 

[NxNW]

That was part of the plan, let as many people as possible in knowing it would be impossible to deport a significant number of them

How did they get over Trump's wall?