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 ...
Agreed.
I imprison them somewhere unpleasant.
the collectivists captured the law schools long ago
How come you didn’t tell us three times?
Those penguins could really spread a bird flu pandemic. Doesn’t anyone care??? /sarc
Good link. Thanks.
I agree. Time has shown that we can’t even trust the ones that seem like heros. They are ruled by emotions which can become illogical at any moment. Some are better than others. And I am sure that there are some stable women out there who would be up to the task. But the odds don’t seem to be good.
Trump needs to stack the court. Put 6, young, loyal men on the court.
If they can’t be deported to VZ or anywhere else, they’d have to be indefinitely detained. To allow them to be released into the US creates a loophole that enables illegals to stay in the US indefinitely as long as they don’t commit additional violations or crimes.
The requirement that illegals in the country must register or face fines should help facilitate detention and deportation.
This is insane and very expensive in terms of detention, monitoring and court costs.
We can only hope
ALL of these people are prima facie deportable because they are in the country illegally. Really shouldn’t need the next level of the fact that they are indeed alien enemies. But since it’s true, why not use it? So that Jonny Roberts can’t kneecap the effort.
It’s NEVER been controversial: Joe Swing conducted Operation Wetback with virtually no interference. Same back in 1932. What’s Roberts excuse? Since when does an alien army constitute a “class” that has any standing in the United States? Should Adolph Hitler have sued the US to have the SS declared a class?
Funny how people forgot the Constitution is a compact between the citizens and the government. People who have not entered into that compact via citizenship don’t really have constitutional rights.
They might get more rational if President Trump threatens to pack the court like the dems do.
**********
And, if he did, the Dems would get fifty gazillion times more upset about it that WE did when it was suggested that Biden would do the same thing.
The constitutionality of the Alien Enemies Act is not at issue. The issue is whether the POTUS is properly exercising his authority under the Act.
For those you who haven't bothered to read the Act, please allow me to educate: The Alien Enemies Act is set forth in 50 U.S.C. §§ 21 - 24. Section 21 clearly and unequivocally give the POTUS the sole and exclusive authority to invoke the Act in only two situations: There must be (1) a declared war between the United States and any foreign nation or government; or (2) an invasion or predatory incursion perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.
The first situation obviously does not apply to Trump's executive order because of the absence of a declared war. The threshold issue is whether a foreign nation or government has has invaded or incurred upon the territory of the United States or has attempted or threatened to do so. In my opinion, the judiciary does not have the authority to review the POTUS's determination with respect to this issue unless the determination is arbitrary and capricious, and even then, the determination may not be subject to judicial review since this determination concerns foreign policy over which the POTUS has near exclusive authority..
With that said, even though President Trump has declared that Tren de Aragua, MS-13, and other cartels and gangs are terrorist organizations, in my opinion, they are not necessarily foreign nations or governments unless they are aided and abetted by a foreign nation or government. But again, in my opinion this is a foreign policy issue for which the POTUS has the sole authority to determine.
Despite claims to the contrary, Section 24 of the Alien Enemies Act not only authorizes, but expressly requires the judiciary to determine whether a person is an alien enemy subject to determination. Section 24 reads as follows:
" 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..."
Thus, under this provision, the judiciary must determine whether the "alien is a natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward," as required for deportation under Section 21 of the Act.
In short, while the judiciary has no authority to overrule the president's proclamations under the Act, the judiciary is required to determine whether an alien is subject to the Act and deportation.
Not the hill 47 wants to fight and die on as he has said he will always abide by the courts - but if he does not, then his Presidency is effectively over, having seeded Presidential power to the courts. And with that, the border becomes wide open again, and the cartels increase their power exponentially.
“the judiciary is required to determine whether an alien is subject to the Act and deportation”
Well with literally tens of thousands of them here, that shouldn’t take more three or four decades to get them all through the process.
The act says this too:
“When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed”
Note the “or”. That implies that both the Executive AND the judiciary have the power...which makes the act ambiguous.
But there is one glaring point that in my mind makes all this moot: they are deporting ILLEGAL aliens, not merely foreign born people living here under legal auspices.
You don’t actually NEED the Alien Enemies Act, even if it’s applicable. ALL of them are deportable by virtue of being here illegally. Deoportation is NOT a punishment. That’s been established for a long time. Being designated as an alien enemy is just icing on the cake. Now you’re doubly deportable.
So that and the ambiguity tells me that it’s Roberts and his merry band of national suicide cultists that are on thin ice.
I’m giving up on SCOTUS for now. I’m also about ready to join the “Roberts is compromised” crowd.
Meanwhile,
“Palantir Building ICE “ImmigrationOS” To Track Migrants”
https://www.zerohedge.com/technology/palantir-building-ice-immigrationos-track-migrants
“Palantir CEO Alex Karp might soon be receiving similar ‘Tesla Takedown’ treatment from unhinged Democrats after news broke late this week that Immigration and Customs Enforcement has partnered with the defense contractor to deploy new “near real-time visibility” software to facilitate the deportation of illegal immigrants.
A contract first reviewed by Business Insider stated that ICE and Palantir are working to deploy the Immigration Lifecycle Operating System — or ImmigrationOS — to support ICE’s Enforcement and Removal Operations (ERO) in response to urgent deportation national security goals outlined in President Trump’s Executive Orders (EO 14159 and EO 13773).
Palantir will deliver a prototype of ImmigrationOS by September 25. The contract sets the deadline for a fully operational ImmigrationOS by September 2027. “
Remember this ruling from 2012 when Obama was President? Whatever happened to that precedent?
ARIZONA v. UNITED STATES
641 F. 3d 339,
https://www.law.cornell.edu/supremecourt/text/11-182
The Court held:
Held:
” 1. The Federal Government’s broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to “establish an uniform Rule of Naturalization,” Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations, see Toll v. Moreno, 458 U. S. 1, 10. Federal governance is extensive and complex.
Among other things, federal law specifies categories of aliens who are ineligible to be admitted to the United States, 8 U. S. C. §1182; requires aliens to register with the Federal Government and to carry proof of status, §§1304(e), 1306(a); imposes sanctions on employers who hire unauthorized workers, §1324a; and specifies which aliens may be removed and the procedures for doing so, see §1227.
Removal is a civil matter, and one of its principal features is the broad discretion exercised by immigration officials, who must decide whether to pursue removal at all. Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security, is responsible for identifying, apprehending, and removing illegal aliens. It also operates the Law Enforcement Support Center, which provides immigration status information to federal, state, and local officials around the clock. Pp. 2–7.”
Trump should tell the Justices they are AWOL. When each of them provides and individual opinion on the matter and signs it then he will give their view due consideration, but if they are not showing up to work and doing their job and showing due regard for the executive then he will ignore them and start looking for their replacements. Show up and do your jobs, under the law and the Constitution.
Well, you're right so I guess we need to have the ACLU get right on all the human rights abuses going on in Central and South America.
Alito and Thomas disagree as you copied and pasted from the order but you side with El Supremo Catolico Roberts and his band of Papal Insurrectionists.
SCOTUS was UNANIMOUS 9-zip that due process was required for each individual case. You are apparently too dumb to be able to read and comprehend a court opinion.
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