Posted on 04/19/2025 9:59:09 AM PDT by Jubal Harshaw
Given court insistence on so-called “due process”, Congress needs to require each alien here for over 180 days and not on properly on a valid visa to retain a lawyer with alien law skill with the contract stipulation that the lawyer will zealously represent the alien at any removal proceeding without government payment, subject to removal or voluntary departure, or at the government’s option a $10,000 fine or one year of incarceration for failure to do so.
It seems to me that lawyers are rushing to courthouses to defend scumball aliens, so the lawyers should be happy to take the aliens’ money.
Deport illegals as they are encountered merely for having broken into the country illegally.
This is not hard.
The black-robed tyrants are always going to want to have the final say, and for that the aliens should pay.
“This is not hard.”
Wrong!
Quotes from the Convention Relating to the Status of Refugees:
Article 31. - Refugees unlawfully in the country of refuge
1. The Contracting States shall not impose penalties, on account of their illegal entry or presence, on refugees who, coming directly from a territory where their life or freedom was threatened in the sense of article 1, enter or are present in their territory without authorization, provided they present themselves without delay to the authorities and show good cause for their illegal entry or presence.
2. The Contracting States shall not apply to the movements of such refugees restrictions other than those which are necessary and such restrictions shall only be applied until their status in the country is regularized or they obtain admission into another country. The Contracting States shall allow such refugees a reasonable period and all the necessary facilities to obtain admission into another country.
Article 32. - Expulsion
1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.
2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.
3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The Contracting States reserve the right to apply during that period such internal measures as they may deem necessary.
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-relating-status-refugees
Article 44 - Denunciation [getting out from under the Refugee Convention]
1. Any Contracting State may denounce this Convention at any time by a notification addressed to the Secretary-General of the United Nations.
2. Such denunciation shall take effect for the Contracting State concerned one year from the date upon which it is received by the Secretary-General of the United Nations....
****
What does Trump have to do to get the US out from under the Refugee Convention?
Send (or hand deliver) the Secretary-General of the United Nations Antonio Guterres a letter!
****
Dear Secretary-General of the United Nations:
I, Donald J. Trump, the President of the United States, on behalf of the United States, do denounce the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, as permitted by Article 44.
Donald J. Trump
The Refugee Convention, the invaders’ red carpet, must be removed from the Democratic Party toolbox by invoking Article 44.
And it would also help if there were Christians on the Bench.
John Roberts (Chief) Catholic
Clarence Thomas Catholic
Samuel Alito Catholic
Sonia Sotomayor Catholic
Brett Kavanaugh Catholic
Amy Coney Barrett Catholic
Neil Gorsuch Protestant (Episcopalian; raised Catholic)
Ketanji Brown Jackson Protestant (Nondenominational)
Elena Kagan Jewish
There are twice as many Federal and Supreme Court Justices than there are in the Executive and Legislative Branches. Combined.
We are living in a kritocracy
Venezuelans aren’t Americans.
___________________________
Well... They are. But we know what you mean.
He will. And this is a temporary stay - the court has yet to resolve the underlying issue.
Meh, it’s just Venezuelans and only until the court hears the full case. It looks like the bums rush was on and courts don’t like that, so here we are. It will take some time, but the Trump admin will win on the merits, just like that vast majority of the previous cases and life will go on. As far as judges, especially SCOTUS, IMO, we don’t want them “loyal” to a “side”...we want them to correctly interpret the constitutionality of the law, actions, etc. And we need to also remember, they are human beings, not robots. Sometimes they will make a mistake, but its our system and there’s no better system out there. That being said, at the end of the day, a court can rule, but does the executive branch have to follow it? Goes back to the Andrew Jackson days. Interesting times.
I’m tellin ya’ll the only way they’re going to stop this lawfare is to go on the offensive!! Start gathering the needed evidence and start Indicting Democrats for fraud!!! I guarantee it would work!!
Start Indicting and charging and every time another judge acts up, Hammer another democrat!!! ...and then let it leak that every time a judge stands in our way, the democrat party will pay for it dearly... And then nail another one!!
I would bet it all if they did 5 or 6 times, the DEMOCRAT PARTY THEMSELVES WOULD STOP ALL OF THE LAWFARE!!!
Given court insistence on so-called “due process”, Congress needs to require each alien here for over 180 days and not on properly on a valid visa to retain a lawyer with alien law skill with the contract stipulation that the lawyer will zealously represent the alien at any removal proceeding without government payment or add at least $200 each month to a removal representation trust account set up by a lawyer, subject to removal or voluntary departure, or at the government’s option a $10,000 fine or one year of incarceration for failure to do so.
From 1903:
THE JAPANESE IMMIGRANT CASE.
An administrative officer, when executing the provisions of a statute involving the liberty of persons, may not disregard the fundamental principles of due process of law as understood at the time of the adoption of the Constitution. Nor is it competent for any executive officer, at any time within the year limited by the statute, to arbitrarily cause an alien who has entered the country, and has become subject in all respects to its jurisdiction, and a part of its population, although illegally here, to be arrested and deported without giving such alien an opportunity, appropriate to the case, to be heard upon the questions involving his right to be and remain in the United States.
https://tile.loc.gov/storage-services/service/ll/usrep/usrep189/usrep189086/usrep189086.pdf
One pundit said the courts could assess a fine for failing to show evidence of flowing their orders, such as one million dollars a day.
That adding up the court appearances, delays, changes of attorney delays and appeals followed by more appeals would be a disaster. Look at all the delay for each convicted death row murderer. Years and years on death row.
One of Trump’s yugest mistakes was trusting the federalist society picking the judges he did. Especially Amy
Here is the ruling from USSC.
“A.A.R.P., ET AL. V. TRUMP, PRESIDENT OF U.S., ET AL.
There is before the Court an application on behalf of a
putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a).”
“Justice Thomas and Justice Alito dissent from the Court’s
order. Statement from Justice Alito to follow.”
Or just go with a celeb pick like Kid Rock. I don't think there's any Constitutional requirement that a Supreme Court Justice be an actual lawyer.
I mean, would Kid Rock be any worse?
They have said he has no right to invoke the Alien Enemies Act, meaning he can invoke it only with their approval.
Actually, the Court has temporarily directed the Executive to not remove anyone under the AEA while it considers whether to issue an injunction or not. Previously, the Court had ruled that nobody can be removed without first adhering to due process, including notice and a reasonable time to contest the removal in habeas, and a hearing with an opportunity to be heard.
Due process and jurisdiction in the removal process under the AEA are detailed in 50 U.S.C. 22 and 23.
https://law.justia.com/codes/us/title-50/chapter-3/sec-22/
50 U.S.C. § 22§22. Time allowed to settle affairs and depart
When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.
https://law.justia.com/codes/us/title-50/chapter-3/sec-23/
50 U.S.C. § 23§23. Jurisdiction of United States courts and judges
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.
The Court is correct to require the government to follow the explicit requirements of the law.
As to whether Trump can properly invoke the wartime provisions of the AEA, there is no war, and there is no predatory invasion by a hostile nation or government. Tren de Aragua is not a nation or government.
https://www.supremecourt.gov/orders/courtorders/041925zr_c18e.pdf
(ORDER LIST: 604 U.S.)SATURDAY, APRIL 19, 2025
ORDER IN PENDING CASE
24A1007
A.A.R.P., ET AL. V. TRUMP, PRESIDENT OF U.S., ET AL.
There is before the Court an application on behalf of a putative class of detainees seeking an injunction against their removal under the Alien Enemies Act. The matter is currently pending before the Fifth Circuit. Upon action by the Fifth Circuit, the Solicitor General is invited to file a response to the application before this Court as soon as possible. The Government is directed not to remove any member of the putative class of detainees from the United States until further order of this Court. See 28 U. S. C. §1651(a).
Justice Thomas and Justice Alito dissent from the Court’s order. Statement from Justice Alito to follow .
Article IV, Section 4 tells us all we need to know. In it, We The People are GUARANTEED a “Republican” form of government. We ELECT people to represent our intentions and if they don’t, we ELECT someone to take their place. This is what the Founders intended or it would not be in the Constitution, much less guaranteed. Lifetime appointed justices of ANY level of the judicial branch, INCLUDING the Supreme Court, in no way, shape, or form, can assume ownership of the intentions of those who had no chance to elect them. A “Representative Republic” doesn’t exist if those WE elect aren’t in charge. This power grab by the Judicial branch must be dealt with as the threat it represents to our form of government. I would declare it to be Judicial Insurrection and GITMO those involved. Article IV, Section 4. Enforce It.
ACB was the worst of the bad picks because we are stuck with her for decades. The highest court and no way to remove her.
CONgress.
They have the power to impeach.
Not the ability (currently) but the power.
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