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JUDICIAL JURISDICTION IN ALIEN ENEMIES ACT IS NOT DEBATABLE
Cornell University School of Law ^ | Unknown | Unknown

Posted on 04/01/2025 4:25:09 AM PDT by roughrider

This article consists solely of Section 23 of the Alien Enemies Act, the 1798 statute invoked by President Trump to deport members of MS-13 and Tren De Aragua to a Supermax prison in El Salvador. Since this is in the public domain, reproduce below the complete text of Section 23:

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: migrants; terrorism
The statute, 50 United States Code, Section 23 sets forth the totality of the jurisdiction of a Federal District Court Judge in the enforcement of the Alien Enemies Act. Here are the takeaways:

1. The judge can only hear a case in which the alien is residing in, or was apprehended in, the judge's district.

2. The judge's sole responsibility is to ensure that the alien is actually an ENEMY ALIEN, and not a law-abiding legal alien resident of the United States. In doing this, the judge must conform the judge's actions and decisions to the four corners of the President's proclamation invoking the statute, along with any regulations the President promulgated along with the proclamation.

3. Once an alien is identified as an "Alien Enemy," the judge is to either secure the alien's deportation ASAP, or detain the alien until deportation can take place.

The point of publishing this is--What, exactly, is debatable about Judge Boasberg's jurisdiction. Here it is, right inside the very statute he is supposed to be applying, but just by agreeing to hearing this case, Boasberg is exceeding his authority since there is no evidence the five migrants whose case he wants to decide were either residing in, or apprehended in, his district.

For some strange reason, no popular, widely-known commentators and reporters about this matter, on X or anywhere else, seem to care that the starting point for resolving this "dispute" is to be found in the statute itself. None of them touched it when they were referred to the link to Section 23 over the past week since they were informed. The whole idea was to get them to publish about these FACTS since they have a huge number of followers. So far, they have demurred and continue to write about everything else but this.

1 posted on 04/01/2025 4:25:09 AM PDT by roughrider
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To: roughrider

👍🏻


2 posted on 04/01/2025 4:30:51 AM PDT by 1malumprohibitum (I’m )
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To: roughrider

Boasberg does an end-run by quickly converting the petition into a class-action suit extending beyond the District’s jurisdiction.

In regular practice a District court decision applies only to the district boundaries. If appealed and upheld, the decision then applies only to the Circuit Court boundaries.
Only when it reaches the SCOTUS and affirmed does it become national. This lawfare stampede tramples over judicial order.


3 posted on 04/01/2025 4:51:02 AM PDT by plangent
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To: roughrider

More and more the failure of the Supreme Court to even attend the rebellion of the progressive judiciary is a desertion and dereliction by Roberts.


4 posted on 04/01/2025 5:16:46 AM PDT by EliRoom8 ( -- )
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To: All

Just binge-watched John Adams where this Act was implemented.


5 posted on 04/01/2025 5:28:14 AM PDT by mmichaels1970 ( )
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To: roughrider

BTTT


6 posted on 04/01/2025 5:30:17 AM PDT by nopardons
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To: mmichaels1970

bttt


7 posted on 04/01/2025 5:31:13 AM PDT by linMcHlp
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To: mmichaels1970

portrayed by Paul Giamatti? Was Adams a lunatic, because that is the role that Giamatti is best.


8 posted on 04/01/2025 5:55:11 AM PDT by AndyJackson
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To: roughrider; bitt; little jeremiah

point made by rough rider from the “as not seen on TV deprtment”

***********

The point of publishing this is—What, exactly, is debatable about Judge Boasberg’s jurisdiction. Here it is, right inside the very statute he is supposed to be applying, but just by agreeing to hearing this case, Boasberg is exceeding his authority since there is no evidence the five migrants whose case he wants to decide were either residing in, or apprehended in, his district.

For some strange reason, no popular, widely-known commentators and reporters about this matter, on X or anywhere else, seem to care that the starting point for resolving this “dispute” is to be found in the statute itself. None of them touched it when they were referred to the link to Section 23 over the past week since they were informed. The whole idea was to get them to publish about these FACTS since they have a huge number of followers. So far, they have demurred and continue to write about everything else but this.


9 posted on 04/01/2025 6:07:59 AM PDT by thinden (Buckle up …..)
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To: roughrider

None of them touched it when they were referred to the link to Section 23 over the past week since they were informed. >>> mostly cuz the people who wrote it in 1789 were a lot smarter than most people today.


10 posted on 04/01/2025 6:48:43 AM PDT by kvanbrunt2
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To: roughrider

Lawyers like Boasberg can reach into the endless matrix of US law and precedents to pull out excuses for anything they want to foist upon the case at hand. They might not prevail in the end, but they can tie things up in process for ages.

Boasberg’s main objective is to get criminal illegal aliens on the “due process” track. They’ll remain in America for years while hearings play out. Since custody costs a fortune and illegals have no assets for a bond, most will be allowed to roam free to victimize more citizens, disappear, have to be hunted down at great cost, etc.

Boasberg’s daughter’s career and living derive from defending illegal aliens, i.e. providing “due process”. I can’t imagine the money she makes is his main motive, but that gives a sufficient appearance of a conflict of interest to require B’s recusal.

Why B wants US citizens to be victimized is hard to fathom. Boasberg must have weighed the cost of thousands of American residents being robbed, raped, extorted, assaulted, and murdered against the possibility that a few illegal aliens might be deported “improperly” without years of costly legal process.


11 posted on 04/01/2025 7:39:49 AM PDT by Chewbarkah
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To: roughrider

It’s ALL ABOUT national power for federal “judges” from Mooseblow, Idaho - America’s 677 Article III presidents.


12 posted on 04/01/2025 8:07:11 AM PDT by kiryandil (No one in AZ that voted for Trump voted for Gallego )
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To: roughrider

No, your thread's title isn't any more deserving of attention that anybody else's. Mind your manners.

13 posted on 04/01/2025 11:15:46 AM PDT by Paal Gulli
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To: roughrider
I've been having a chat with Perplexity.ai over this section of US Code.

I got the ai to agree that Judge James Boasberg exceeded his jurisdictional authority by issuing a national injuction against deportations of people who are outside of his physical district. The ai also agrees that it is possible that Boasberg's sympathies align with his daughter Katherine Boasberg's work at the pro-illegal-alien NGO Partners for Justice.

The ai further agrees that if Judge Boasberg willfully exceeded his known jurisdictional limits in order to block President Trump's immigration agenda, this is an abuse of power that can be impeacheable. However, the ai also agrees that if Boasberg intentionally exceeded his jurisdictional authority because the Senate doesn't have the votes to convict an impeachment, and therefore Boasberg knew he can rule with impunity to block Trump's agenda until a higher court reverses it, there is nothing that can be done about it.

Finally, the ai agrees that based on Boasberg's intentional abuse of power in the deportation case, he should recuse himself from the upcoming Signal case that was just assigned to him because his prior willfull abuse of power proves bias against President Trump's agenda.

-PJ

14 posted on 04/01/2025 12:09:52 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: roughrider
For some strange reason, no popular, widely-known commentators and reporters about this matter, on X or anywhere else, seem to care that the starting point for resolving this "dispute" is to be found in the statute itself.

Mark Levin has discussed it thoroughly.

15 posted on 04/01/2025 12:20:45 PM PDT by gitmo (If your theology doesn’t become your biography, what good is it?)
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To: gitmo

He discussed the jurisdiction of district judges according to the statute itself, or did he discuss thoroughly all the other reasons Boasberg is wrong?


16 posted on 04/01/2025 1:45:33 PM PDT by roughrider
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To: AndyJackson
portrayed by Paul Giamatti? Was Adams a lunatic, because that is the role that Giamatti is best

Giamatti played him more “grouchy” than “lunatic”. It portrayed Adams in an excellent, patriotic light. His grouchiness stemmed from his knowledge that he’d be overshadowed by Jefferson and Franklin historically.
17 posted on 04/02/2025 5:10:51 AM PDT by mmichaels1970 ( )
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To: Chewbarkah

Due Process is “Due Process of law.” The “of law” part indicates that the due process is contained within the statute that has been violated. This makes “due process” more limited in some cases than in others. I covered this in another post.


18 posted on 05/15/2025 7:09:35 AM PDT by roughrider (Free Trade, East-West Trade, China Trade, )
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To: kvanbrunt2

You have a point there.


19 posted on 05/15/2025 7:11:48 AM PDT by roughrider (Free Trade, East-West Trade, China Trade, )
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