Posted on 04/19/2025 9:59:09 AM PDT by Jubal Harshaw
The U.S. Supreme Court temporarily blocked the removal of Venezuelan detainees accused under a wartime law of being foreign gang members early Saturday morning, after the ACLU argued the men were at risk of imminent removal to an El Salvadoran prison ....
Justices Clarence Thomas and Samuel Alito dissented.
(Excerpt) Read more at latimes.com ...
And it’s 8 U.S. Code § 1325 - Improper entry by alien, not 18 USC.No apologies. You don’t even know it exists.
Just because you have no clue what you are talking about does not limit your constitutional right to free speech. But it probably is a good time to shut up and learn grasshopper.
The Alien Enemies Act (AEA) is codified at 50 U.S.C., not at Title 8. You are totally lost without a clue and evidently did not even look at what I linked and cited.
The irrelevant 8 U.S.C. 1325 falls under the heading of:
2023 U.S. Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter II - Immigration
Part VIII - General Penalty Provisions
That is irrelevant because Abrego sas not been an illegal alien after 2019. Entry and removal are two diffrerent matters.
Title 18 is the criminal codes which were not even part of the conversation
50 U.S.C. 21-24 sets forth the content of the Alien Enemies Act, the process that is due, and the jurisdiction involved under the heading:
2023 U.S. Code
Title 50 - War and National Defense
Chapter 3 - Alien Enemies
The four relevant sectios are:
Sec. 21 - Restraint, regulation, and removal
Sec. 22 - Time allowed to settle affairs and depart
Sec. 23 - Jurisdiction of United States courts and judges
Sec. 24 - Duties of marshals
50 U.S.C. § 21-24 (2023)
§21. Restraint, regulation, and removalWhenever 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, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
- - - - - - - - -
§22. Time allowed to settle affairs and departWhen 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.
- - - - - - - - -
§23. Jurisdiction of United States courts and judgesAfter 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.
As for removal under Alien Terrorist Removal Procedures, that is covered under Title 8 sections 1532-1537.
https://law.justia.com/codes/us/title-8/chapter-12/subchapter-v/sec-1532/
2023 U.S. Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter V - Alien Terrorist Removal ProceduresSec. 1532 - Establishment of removal court
(a) Designation of judges
The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(b) Terms
Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated—
(1) 1 member shall serve for a term of 1 year;
(2) 1 member shall serve for a term of 2 years;
(3) 1 member shall serve for a term of 3 years; and
(4) 1 member shall serve for a term of 4 years. (c) Chief judge (1) Designation
The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court.
(2) Responsibilities
The chief judge shall—
(A) promulgate rules to facilitate the functioning of the removal court; and
(B) assign the consideration of cases to the various judges on the removal court.
(d) Expeditious and confidential nature of proceedings
The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act [50 U.S.C. 1801 et seq.].
(e) Establishment of panel of special attorneys
The removal court shall provide for the designation of a panel of attorneys each of whom—
(1) has a security clearance which affords the attorney access to classified information, and
(2) has agreed to represent permanent resident aliens with respect to classified information under section 1534(e)(3) of this title in accordance with (and subject to the penalties under) this subchapter.
https://law.justia.com/codes/us/title-8/chapter-12/subchapter-v/sec-1533/
2023 U.S. Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter V - Alien Terrorist Removal ProceduresSec. 1533 - Removal court procedure
(a) Application (1) In general
In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under this subchapter by filing an application with the removal court that contains—
(A) the identity of the attorney in the Department of Justice making the application;
(B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section;
(C) the identity of the alien for whom authorization for the removal proceeding is sought; and
(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that—
(i) the alien is an alien terrorist;
(ii) the alien is physically present in the United States; and
(iii) with respect to such alien, removal under subchapter II would pose a risk to the national security of the United States.
[...]
https://law.justia.com/codes/us/title-8/chapter-12/subchapter-v/sec-1534/
2023 U.S. Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter V - Alien Terrorist Removal ProceduresSec. 1534 - Removal hearing
(a) In general
(1) Expeditious hearing
In any case in which an application for an order is approved under section 1533(c)(2) of this title, a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist.
(2) Public hearing
The removal hearing shall be open to the public.
(b) Notice
An alien who is the subject of a removal hearing under this subchapter shall be given reasonable notice of—
(1) the nature of the charges against the alien, including a general account of the basis for the charges; and
(2) the time and place at which the hearing will be held.
(c) Rights in hearing
(1) Right of counsel
The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in section 3006A of title 18. All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged.
(2) Introduction of evidence
Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to introduce evidence on the alien's own behalf.
(3) Examination of witnesses
Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness.
(4) Record
A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept.
(5) Removal decision based on evidence at hearing
The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing.
(d) Subpoenas
(1) Request
At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena.
[...]
https://law.justia.com/codes/us/title-8/chapter-12/subchapter-v/sec-1537/
2023 U.S. Code
Title 8 - Aliens and Nationality
Chapter 12 - Immigration and Nationality
Subchapter V - Alien Terrorist Removal ProceduresSec. 1537 - Custody and release after removal hearing
(a) Release
(1) In general
Subject to paragraph (2), if the judge decides that an alien should not be removed, the alien shall be released from custody.
(2) Custody pending appeal
If the Attorney General takes an appeal from such decision, the alien shall remain in custody, subject to the provisions of section 3142 of title 18.
(b) Custody and removal
(1) Custody
If the judge decides that an alien shall be removed, the alien shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the Attorney General shall retain the alien in custody and remove the alien to a country specified under paragraph (2).
(2) Removal
(A) In general
The removal of an alien shall be to any country which the alien shall designate if such designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair the obligation of the United States under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States.
(B) Alternate countries
If the alien refuses to designate a country to which the alien wishes to be removed or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to the country so designated would impair a treaty obligation or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any country willing to receive such alien.
(C) Continued detention
If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney General's efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate.
(D) Fingerprinting
Before an alien is removed from the United States pursuant to this subsection, or pursuant to an order of removal because such alien is inadmissible under section 1182(a)(3)(B) of this title, the alien shall be photographed and fingerprinted, and shall be advised of the provisions of section 1326(b) of this title.
(c) Continued detention pending trial
(1) Delay in removal
The Attorney General may hold in abeyance the removal of an alien who has been ordered removed, pursuant to this subchapter, to allow the trial of such alien on any Federal or State criminal charge and the service of any sentence of confinement resulting from such a trial.
(2) Maintenance of custody
Pending the commencement of any service of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General, unless the Attorney General determines that temporary release of the alien to the custody of State authorities for confinement in a State facility is appropriate and would not endanger national security or public safety.
(3) Subsequent removal
Following the completion of a sentence of confinement by an alien described in paragraph (1), or following the completion of State criminal proceedings which do not result in a sentence of confinement of an alien released to the custody of State authorities pursuant to paragraph (2), such an alien shall be returned to the custody of the Attorney General who shall proceed to the removal of the alien under this subchapter.
(d) Application of certain provisions relating to escape of prisoners
For purposes of sections 751 and 752 of title 18, an alien in the custody of the Attorney General pursuant to this subchapter shall be subject to the penalties provided by those sections in relation to a person committed to the custody of the Attorney General by virtue of an arrest on a charge of a felony.
(e) Rights of aliens in custody
(1) Family and attorney visits
An alien in the custody of the Attorney General pursuant to this subchapter shall be given reasonable opportunity, as determined by the Attorney General, to communicate with and receive visits from members of the alien's family, and to contact, retain, and communicate with an attorney.
(2) Diplomatic contact
An alien in the custody of the Attorney General pursuant to this subchapter shall have the right to contact an appropriate diplomatic or consular official of the alien's country of citizenship or nationality or of any country providing representation services therefore. The Attorney General shall notify the appropriate embassy, mission, or consular office of the alien's detention.
All 9 of them?
You need Christ-centered men on the SC. Not women or RC squishes.
The other 7 would be a waste of time apparently
Oh look, Cut ‘n’ Paste PeckerWood is back with his vomitorium of irrelevant noise!
So you think 8 USC 1325 is irrelevant? Tell us, when was Abrego given lawful status? How did he get into the country?
If you say Obama made him a “Dreamer”, there’s no law that backs that whatsoever. One foreigner writing a memo to another don’t make a law.
You’re in the country illegally, you committed a crime: Federal misdemeanor on the first count, federal felony the second time.
Either way, you’re removable. End of story.
Wonder if Ted Cruz would be interested.
I think he would be a great choice. When he is wearing his prosecutor hat he is a beast.
“if he does not, then his Presidency is effectively over, having seeded Presidential power to the courts.”
************
It appears that the courts have decided to strangle his presidency. Almost everything he is trying to do (and ran on) has been obstructed by the robes. But its important to note that what they are doing to him is also intended to dissuade any future populist president from trying to implement their agenda. There is an even larger plan at work here.
Personally, I think the Democrat/Communist Party (or cult, as you prefer) is messing with the wrong Executive to attempt that.
One thing I don’t understand is why Trump hasn’t presented his case for deportations (and general judicial interference with his agenda) directly to the American people in a presidential address. Use the Bully Pulpit for crying out loud. This is a very important, if not existential, matter.
It’s a good hill to fight on IMO.
That’s what I’m thinking!
(Conservative senator with a track record of being that beast you mention vs unknown Heritage Foundation recommendations that turned out to be coal in our stockings.)
If only DOGE could come up with an algorithm that points out judges who most consistently rule with the Constitution to put on a list of candidates for promotion.
Trump should emphasize that deportations, etc. are an integral part of his secured borders program, as border security resonates well with the public ... and, I agree, he should do so in an address rather than in a press conference.
directly to the American people in a presidential address.”
The nets will not give him the airtime. during his first term they did not give him any, not once. Not even during a nation wide pandemic. in the 8 months leading up to the 24 election they gave Biden 4 prime time all network slots.
Good argument and factual points.
The Democrat aligned media isn’t fair to Trump, much less doing him any favors. Along those lines, the same media resisted covering Musk’s rescue of the stranded astronauts. So to your point, the media is indeed a reliable ‘blocker’ for the Left.
If he holds a formal press conference the networks would have to cover it. That may be the best he can do.
If he holds a formal press conference the networks would have to cover it. That may be the best he can do.”
To his credit he has been doing those and in addition to getting his message out the contrast drives home the point that for the last 4 years our country has had a hapless idiot for a President.
Note that I said FORMAL press conference. Trump interacts with the press almost everyday. He has literally answered thousands of questions, for which he deserves great credit.
He holds them virtually anywhere. But he could use the formal East Room (the grand stage) to speak on such an important topic.
George Washington intended the East Room to be a “Public Audience Room” and its been the scene of many historic White House events. Reagan used the room for press conferences. The press would have no choice but to attend and cover a prime time event by Trump.
Great idea, he may be holding that one back with the intention of using it if and when he chooses to actually defy an SC order.
So you think 8 USC 1325 is irrelevant? Tell us, when was Abrego given lawful status?
You should try reading the court opinions, you might learn something.
THACKER, Circuit Judge, with whom Judge KING joins, concurring:
Abrego Garcia is an El Salvadoran national who has been lawfully present in the United States since 2019, when he was granted withholding of removal to El Salvador.
The first Christians were Catholic (as proven in the writings by Clement, Ignatius, Polycarp and Ireneaus in the 1st and 2nd century alongside the Didache written in 52 AD that show conclusively that the early Christians theology, rituals and beliefs and structure was Catholic/Orthodox and not modern Evangelical/non-denom)
Not only were the first Christians Catholic/Orthodox, and the majority of Christians today are Catholic, but nearly all Christians prior to the 1600s were Catholic/Orthodox/Oriental Orthodox/Assyrian
To be Catholic is to be completely Christian.
the evangelical traditions from the 1800s or later are incomplete Christianity - not focusing on the Word of God - Jesus
“when he was granted withholding of removal to El Salvador”
IOW, because they admitted he’s Mara Salvatrucha, and supposedly targeted by another Salvadoran gang, he got a hold on being kicked out.
Not really like being a permanent resident, now is it? Or even an admitted refugee.
Just a thug with a creative attorney.
Note that the government believes that his original premise for the stay is no longer valid: Bukele vaporized the other gang. If was ever really a threat to him. Maybe he’s worried about running into them in CECOT but that’s his problem. On the streets of San Salvador, his only problem now are the Salvadoran police. Don’t think he’d get a continuance of refugee status for that little issue.
Don’t matter, bubba. Thug not coming back. Guess that gives you that sadz. Rest of us be like, Well, Bye.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.