Trump-appointed judge rules using Alien Enemies Act for deportations is unlawful
The big picture: The decision from the Trump-appointed judge is a blow to the administration, which has faced legal challenges for invoking the 18th-century wartime law to quickly carry out deportations.
The administration has argued that invoking the Alien Enemies Act allows it to deport undocumented immigrants with little or no due process.
Driving the news: U.S. District Judge Fernando Rodriguez, Jr. ruled that the administration exceeded its lawful authority under the Alien Enemies Act to detain and deport the Venezuelans.
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Will this lawless POTUS bend to the rule of law? We know that Trump does not like to be overruled by anyone or anything -- especially the law.
We will wait to see what happens and if our democracy survives.
6 comments:
The Alien and Sedition Acts in the late 1700s were essentially to silence the Jerffersonians from criticizing Adams. Outraged early Americans responded by voting the Federalists into disappearance from history. Most (if not all) are null now -
Act Purpose Status
Naturalization Act of 1798 To increase the requirements to seek citizenship. REPEALED in 1802.
Alien Friends Act of 1798 To allow the president to imprison and deport non-citizens. EXPIRED 1800.
Alien Enemies Act of 1798 To give the president additional powers to detain non-citizens during times of war, invasion, or predatory incursion. This law, amended in 1918 to strike out the provision restricting the section to males,[2] is still in effect as 50 U.S.C. ch. 3.
Sedition Act of 1798 To criminalize false and malicious statements about the federal government. EXPIRED 1800.
The still existing remnant addresses war, invasion or predatory incursion and is restricted to males. We presume the courts will find (yet again) Trump operating beyond US las.
Well BB, absent a declaration from Congress, the only Constitutional authority empowered to declare war, I don't know how the admin gets there.
Legislators correct the future, Judges, the past. The Executive corrects the present.
Embarrassment indeed! In every way.
The comment you responded to was moved to the post above, because it was in the wrong section. But, indeed, he is an embarrassment to our country.
Trump isn't president for life. Every vengeful, spiteful, hateful, unconstitutional thing he's done and will do for the rest of his miserable term in office WILL BE UNDONE. Most of his damage has been done with EOs, and those can be wiped out as soon as his prodigious orange arse and odious ventosity are gone, permanently, from our government.
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