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

[Hans Blaster]

Except you're missing the point. You claimed the Democratic states, by not criminalizing marijuana, are somehow violating the Supremacy Clause because the federal government has it criminalized.

But they're not. Even if the federal government was enforcing the marijuana ban--which it barely has for quite a while--that doesn't mean state is under any requirement to criminalize it themselves. There's various things that the federal government has made a crime but not all states have. By your logic, if the federal government says "X is a crime" then any state that doesn't also have it in their own laws that "X is a crime" is somehow violating the Supremacy Clause--which is obviously not the case. For example, a law passed in 2020 by the federal government, you have to be 21 years old to buy cigarettes. That does not mean that every state suddenly was required to raise their own age requirements to 21.

As for your analogy of slavery, you're swapping out a constitutional issue with a legal one. The relationship between state law and the constitution is not exactly the same as state law and federal law.

Let's try another example -- minimum wage laws. The federal government sets the minimum wage at $7.25/hour. Some states set it higher. Some states (SC, AL, TN, MS) have *no* state minimum wage. The existence of a federal minimum wage of $7.25/hr does not precluded Florida from having their own minimum wage of $13/hour. An employer in Florida that pays $10/hr is not violating the federal minimum wage law, but *is* violating the Florida law. An employer in Tennessee that pay $6/hr is not violating the non-existent Tennessee minimum wage law, but *is* violating the Federal minimum wage law.

If the US Congress passed a *maximum hourly wage law* of $12/hr, then an employer in Florida that paid $13/hr to be in compliance with the state minimum wage law would be in violation of the Federal *maximum wage law*. Here the Supremacy clause would kick in and the Florida minimum wage law would be voided.

 

[essentialsaltes]

So far it's merely a matter of not ordering airplanes already outside of US airspace over international waters...

DOJ has contradicted itself on when immigration removal is complete, ACLU argues​

The ACLU cited a government filing from earlier this month.

In the AEA case, the government has argued -- among other things -- that it did not violate the court's orders to turn deportation flights around because the removals had "already occurred" once the two planes heading to El Salvador were out of United States airspace.

The ACLU cited a March 10 government filing in a separate case pertaining to the potential transfer of immigration detainees to Guantanamo Bay. In that filing, the DOJ argued that "[to] effectuate a departure or removal, the alien must lawfully enter another country" and that "the removal process is not complete until the individual reaches the final destination."

"Indeed, it would lead to an impossible situation if the government's broad removal and detention powers under the [Immigration and Naturalization Act] were held to instantly terminate as soon as the detainee's flight left U.S airspace. Detainees placed on ICE-operated removal missions must remain subject to [Enforcement and Removal Operations] custody and adhere to ICE transfer and transportation policies until they have arrived at the country of removal, only at which point custody can be relinquished," the March 10 filing stated.

 

[Pommer]

DOJ has contradicted itself on when immigration removal is complete, ACLU argues​

The ACLU cited a government filing from earlier this month.

In the AEA case, the government has argued -- among other things -- that it did not violate the court's orders to turn deportation flights around because the removals had "already occurred" once the two planes heading to El Salvador were out of United States airspace.

The ACLU cited a March 10 government filing in a separate case pertaining to the potential transfer of immigration detainees to Guantanamo Bay. In that filing, the DOJ argued that "[to] effectuate a departure or removal, the alien must lawfully enter another country" and that "the removal process is not complete until the individual reaches the final destination."

"Indeed, it would lead to an impossible situation if the government's broad removal and detention powers under the [Immigration and Naturalization Act] were held to instantly terminate as soon as the detainee's flight left U.S airspace. Detainees placed on ICE-operated removal missions must remain subject to [Enforcement and Removal Operations] custody and adhere to ICE transfer and transportation policies until they have arrived at the country of removal, only at which point custody can be relinquished," the March 10 filing stated.

The Government can argue that both (AEA, oppsie, the judge was “too late”; GItmo, it’s still US soil-ish), are “correct”.
But once flights to other sovereign nations are “in-the-air”, that sovereign nation has “custody”.

“It can be both!” because doublethink is now “policy”.

 

[Stephen3141]

“I will invoke the Alien Enemies Act of 1798,” Trump said at his rally, “to target and dismantle every criminal network operating on American soil.”

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

The president had campaigned on invoking the centuries-old law to remove illegal migrants from “enemy nations” if they are deemed a threat to the US — a move that would bypass any…

nypost.com

Every tool is needed to save our country.

The FBI has moved from prioritizing FOREIGN threats as the biggest threat
to America, to prioritizing groups within America, as the bigggest threat
to American security.

I understand if the president wants some sort of legal foundation to expel
alien criminals. BUT, I see no effort by the president to rope in home-grown
nutbars, who operate in America. And, this includes those who flaunt the rule of
law, and seek to mpose their religion, and worldviews, on all Americans.

 

[Merrill]

The FBI has moved from prioritizing FOREIGN threats as the biggest threat
to America, to prioritizing groups within America, as the bigggest threat
to American security.

I understand if the president wants some sort of legal foundation to expel
alien criminals. BUT, I see no effort by the president to rope in home-grown
nutbars, who operate in America. And, this includes those who flaunt the rule of
law, and seek to mpose their religion, and worldviews, on all Americans.

He just arrested a bunch of MS13 gang members on US soil

He has also come down hard on antisemitic groups (which I disagree with some of this) in the US on all sides of the political spectrum

what efforts do you want him to make in regards to "home-grown nutbars?" --bugging phones, arresting people in mosques, arresting kids for making edgy posts on 4chan? Do we really want to go Patriot Act on steroids?

don't give him any ideas

 

[rambot]

He just arrested a bunch of MS13 gang members on US soil

He has also come down hard on antisemitic groups (which I disagree with some of this) in the US on all sides of the political spectrum

what efforts do you want him to make in regards to "home-grown nutbars?" --bugging phones, arresting people in mosques, arresting kids for making edgy posts on 4chan? Do we really want to go Patriot Act on steroids?

don't give him any ideas

Why not?


If you aren't a criminal you have nothing to hide!

 

[BCP1928]

The FBI has moved from prioritizing FOREIGN threats as the biggest threat
to America, to prioritizing groups within America, as the bigggest threat
to American security.

I understand if the president wants some sort of legal foundation to expel
alien criminals. BUT, I see no effort by the president to rope in home-grown
nutbars, who operate in America. And, this includes those who flaunt the rule of
law, and seek to mpose their religion, and worldviews, on all Americans.

Of course not. They elected him and he's on their side. Of course in the end he'll sell them out, but that's another story.

 

[Stephen3141]

BCP1928... who is the "he" you are talking about???

 

[BCP1928]

BCP1928... who is the "he" you are talking about???

I assumed Stephen was talking about Trump and his religious supporters. His description was apt, although I wouldn't necessarily characterize them as "nutbars" myself.

 

[essentialsaltes]

Appeals court rejects Trump bid to overturn Alien Enemies Act deportation block​

SCOTUS accepts Trump bid to overturn AEA deportation block, BUT requires 'real' due process for all of them. In the future. In Texas.

This is not a final decision of the case and the validity of the use of the AEA in this manner, but (as I understand it) a ruling on the block.

The ruling did not touch the couple hundred that were on their way when the original order came down.

US Supreme Court lets Trump pursue deportations under 1798 law, with limits​

The court, in an unsigned 5-4 ruling [ACB joined 'the liberals'] powered by conservative justices, granted the administration's request to lift Washington-based U.S. Judge James Boasberg's March 15 order that had temporarily blocked the summary deportations under Trump's invocation of the Alien Enemies Act while litigation in the case continues.

Despite siding with the administration, the court's majority placed limits on how deportations may occur, emphasizing that judicial review is required.

In Monday's decision, the court said that to challenge the legitimacy of their detention under the Alien Enemies Act detainees must pursue so-called habeas corpus claims in the federal judicial district where a detainee is located. That means that the proper venue for this litigation was in Texas, [i.e. the 5th Circuit] not the District of Columbia, the court said.

"This ruling means we will need to start the court process over again in a different venue, but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act," [ACLU lawyer] Gelernt said. "That is a huge victory."

 

[essentialsaltes]

​

Homan, Trump's border czar, says administration won't defy judge's order on deportation flights​

[What of the ones already illegally transported?]

Trump administration likely acted in contempt of court by not turning around deportation flights, judge says​

Judge James Boasberg had ordered the flights to be returned.

A federal judge has found probable cause that the Trump administration acted in contempt of court when officials last month defied his order to turn around two planes carrying alleged Venezuelan gang members to El Salvador.

The administration's "willful disobedience of judicial orders" without consequences would make "a solemn mockery" of "the Constitution itself," U.S. District Judge James Boasberg wrote Wednesday.

"As this Opinion will detail, the Court ultimately determines that the Government's actions on that day demonstrate a willful disregard for its Order," he wrote.

Boasberg noted that he gave the Trump administration "ample opportunity to rectify or explain their actions" yet "none of their responses has been satisfactory."

 

[rjs330]

​

Trump administration likely acted in contempt of court by not turning around deportation flights, judge says​

Judge James Boasberg had ordered the flights to be returned.

A federal judge has found probable cause that the Trump administration acted in contempt of court when officials last month defied his order to turn around two planes carrying alleged Venezuelan gang members to El Salvador.

The administration's "willful disobedience of judicial orders" without consequences would make "a solemn mockery" of "the Constitution itself," U.S. District Judge James Boasberg wrote Wednesday.

"As this Opinion will detail, the Court ultimately determines that the Government's actions on that day demonstrate a willful disregard for its Order," he wrote.

Boasberg noted that he gave the Trump administration "ample opportunity to rectify or explain their actions" yet "none of their responses has been satisfactory."

Well of course Boasberg thinks so. No news here.

 

[wing2000]

“These cases are about making sure that, American citizen or not, criminal or not, peoples’ right to have the day in court that the Constitution guarantees them is honored. That’s all. But it’s everything.”

-Judge Boasberg

 

[Hans Blaster]

Well of course Boasberg thinks so. No news here.

Ah, yes, James Boasberg, a judge who just spent 5 years as chief judge of the "Alien Terrorist Removal Court" on the appointment of CJ Roberts, that guy doesn't know about "alien terrorists" and their due process rights. Sure.

Alien Terrorist Removal Court, 1996-present | Federal Judicial Center

 

[NxNW]

While the violent criminals and terrorists will continue to be captured and deported

Along with innocents and legal residents

As to getting rid of the two-tiered system of justice Trump has a fantastic start.

He's the one implementing it, starting with Jan6 pardons.

 

[NxNW]

The persecution of those who disagree with the Democrat leadership is being stopped

There was no persecution. Never happened.

and the two-tiered justice system is being dismantled.

You mean implemented.

Radical activist judges are the biggest problem.

There is no such thing as an activist judge, because judges don't legislate from the bench.

 

[RocksInMyHead]

He's the one implementing it, starting with Jan6 pardons.

I submit that Trump's justice system is bigger and better than some measly 2-tier system. His has at least three tiers!

 

[NxNW]

I submit that Trump's justice system is bigger and better than some measly 2-tier system. His has at least three tiers!

And certainly causing unnecessary tears.

 

[Valletta]

There was no persecution. Never happened.

You mean implemented.

There is no such thing as an activist judge, because judges don't legislate from the bench.

I am an independent, and perhaps is the reason for the political split in our country.

 

[Valletta]

Along with innocents and legal residents

He's the one implementing it, starting with Jan6 pardons.

Wow. Not an inkling of a problem with Joe letting real criminals off and breaking his promise. Objectively, the number and sentences for those who were just there and did no violence were unprecedented in American history, a country that very much started with the protest of the Boston Tea Party.