Supreme Court Halts All Deportations Under Alien Enemies Act
Early Saturday morning Order, with only Thomas and Alito dissenting, halts removal of alleged Tren de Aragua gang members pending appeal.
In a highly unusual early Saturday morning Order, the Supreme Court has halted all deportations under the Alien Enemies Act.
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.
You can see the case docket here [link fixed]. The Order was issued before the government even had a chance to file a response to the Emergency Application brought on behalf of “Venezuelan men in immigration custody at risk of imminent removal under the President’s Proclamation invoking the Alien Enemies Act.”
What may have moved a majority of the court to act was the allegation that the current administration actions violated the prior Supreme Court order that removal under the AEA required some as yet unspecified due process to contest whether such persons were in fact gang members subject to the AEA Declaration:
Pursuant to Rule 23 of the Rules of this Court and the All Writs Act, 28 U.S.C. 1651, Applicants A.A.R.P, W.M.M., et al., on behalf of a proposed class of Venezuelan men in immigration custody, respectfully file this emergency application for a stay of removal and an immediate administrative stay to preserve the status quo for individuals challenging their removal under the Alien Enemies Act (“AEA”) in the U.S. District Court for the Northern District of Texas. Members of the proposed class are in imminent and ongoing jeopardy of being removed from the United States without notice or an opportunity to be heard, in direct contravention of this Court’s order in Trump v. J.G.G., No. 24A931, 2025 WL 1024097, at *3 (U.S. Apr. 7, 2025). Many individuals have already been loaded on to buses, presumably headed to the airport. Because of this ongoing and imminent risk of removal to a prison in El Salvador, Applicants are simultaneously seeking relief through a renewed application for a temporary restraining order in the district court in the District of Columbia and an application for a stay of removal in the U.S. Court of Appeals for the Fifth Circuit.
This is an unusual order for several reasons, suggesting the majority thought it necessary. This was issued:
• after midnight
• before the government even responded (perhaps most irregular)
• while a Fifth Circuit request remains pending &
• before a dissenting justice could…— Chris “Law Dork” Geidner (@chrisgeidner) April 19, 2025
AND ALSO: The Fifth Circuit denied the plaintiffs a stay pending appeal and dismissed the appeal. (Panel: Ho (Trump), Wilson (Trump), Ramirez (Biden, and writes a concurring opinion).) https://t.co/mjzizUAqns pic.twitter.com/dbRfYCyRsT
— Chris “Law Dork” Geidner (@chrisgeidner) April 19, 2025
MORE TO FOLLOW
“In the middle of the night, SCOTUS has paused Trump from deporting illegals under the Alien Enemies Act. Trump has been relying on this law to effectuate mass deportations of illegals who are also gang members. There are around 11 million illegals in the US. The US does not appear to have another tool by which to readily remove large numbers of illegals. Under our current laws, Trump could only mass deport gang members, and that’s the part being challenged. Relying on the court system to adjudicate each alien case individually would take over a century and would cost taxpayers a fortune. Our current justice system is not equipped to handle the reality of illegal immigration in this country. SCOTUS will need to balance the rights to the individuals against the need of our country to remain sovereign. From there, Congress will need to draft new laws to help the country remain sovereign.”
In the middle of the night, SCOTUS has paused Trump from deporting illegals under the Alien Enemies Act.
Trump has been relying on this law to effectuate mass deportations of illegals who are also gang members.
There are around 11 million illegals in the US. The US does not… pic.twitter.com/kongSEHpbG
— Marina Medvin 🇺🇸 (@MarinaMedvin) April 19, 2025
It's always been easier to let people in than to deport them. Biden skipped the process to let millions in. Virtually no resistance. Trump tries to speed process to send people out, resistance goes nuts. Judges intervene. That's why border security is so important to begin with. https://t.co/lC6mxhjXv0
— Byron York (@ByronYork) April 19, 2025
Is the Constitution a suicide pact? We're in the process of finding out. https://t.co/geZorvjcIq
— William A. Jacobson (@wajacobson) April 19, 2025
We're seeing the poisoned fruits of SCOTUS's DACA decision years ago: Oh, a dem president did something illegal that benefitted millions of aliens? Well, to undo it even a little bit, a Republican POTUS must spend 5 years jumping through procedural hoops. @mrddmia @mike_frags
— Trent McCotter (@TrentMcCotter) April 19, 2025
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Comments
I should just renounce my citizenship and just start slinging drugs. I’d get more of a break from the government.
Why is everyone here clutching their pearls? This is what you get when you elect Trump. You get his Supreme Court nominees.
Trump…. Trump…. Trump…. Trump…. Trump…. Trump….
Everyone serenade JR
Trump…. Trump…. Trump…. Trump…. Trump…. Trump….
All together now…
Trump…. Trump…. Trump…. Trump…. Trump…. Trump….
Well, you voted for him, and so did I. But I never thought that his appointees on the Supreme Court would side with the left-wing radicals. God help us if he is allowed to appoint anyone else to the Supreme Court.
Did you ever think that he, too, is disappointed in them? There is never a sure thing when any justice is appointed. All you have to do is look at the history of the SCOTUS to see huge changes in so many of them as time goes by.
Fucking liar.
“Trump…. Trump…. Trump…. Trump…. Trump…. Trump….”
“Wonderful Truuuuuuuump, glorious Truuuuuuuump…”
“Who let the damn Vikings in?”
This doesn’t actually make any point for you. Sure, only two justices actually voted in favor of our founding principles, but the justices appointed by Democrats acted as they nearly always do, contrary to their oath to follow the Constitution.
They have made their ruling. Let them enforce it.
Due process: apply for a visa, come here legally.
Not due process: trespass, sneak in illegally, and dare the admin to deport you. Possibly getting taxpayer benefits.
The admin does not need a reason to deport illegal aliens. Period. They are here illegally.
If a burglar trespasses into your home to steal your property, you don’t negotiate, you kick them out. They can ask for permission from outside.
The Alien Enemies Act makes good political theater but its irrelevant. If you are here illegally. They. Dont. Need. A. Reason.
I have several h1b visa holders work for me. They have PhDs they came here legally. They go through the process, which is very arduous.
I’d be fine if we want to make it easier, but what we cannot have is an out of control immigration system, which is what the progressive left and judicial activists want. Came here illegally? Go home. Apply for a visa on the other side of the border the legal way. Don’t abuse the system.
And I wonder how those that came to this country legally, those that went through the process to get the visa or become a naturalized citizen, feel about the fact that millions of illegals don’t have to go through the sam process and have now been granted permanent residence in the United States by the U.S. Supreme Court in one late night, Saturday ruling.
Why not ask one. I know how they feel because my wife went though the entire process and is highly offended by the communists making a mockery of it.
The most hardcore, radical, anti-illegal immigration person I ever met was a old couple who owned a restaurant in Fontina California. She and her husband proudly displayed their naturalization certificate on the wall behind the counter. Once, back when I drove truck for a living, I watched her chase 2 illegals (apparently she knew them) out of her store with a broom, yelling at them to go back to Mexico.
“No zealot like a convert.”
You say that, and you aren’t wrong. But her point has been, was, and likely will always be, she and her husband did it legally. There’s no excuse for being illegal.
I loved that old woman. She made the BEST freaking tacos and burritos. 100% authentic (according to her) from her former state in Mexico.
The illegal has no “due process rights” because he has no liberty interest in remaining in the country. Any “process” used to deport him is strictly administrative (as are immigration courts, which are in the executive branch, like the one that issued the valid deportation order for Garcia). Also, deportation isn’t considered punishment for a crime, so no “due judicial process” is required.
Unless the alien is going to plead facts not in evidence (“I’m here legally” or “I’m a citizen of the US”), he has no due process rights as that is understood for citizens. Deportation is a prerogative of the executive, as the sovereign decides which of those here without leave are allowed to stay and which are to be deported.
There’s always deportations under here illegally.
Not enough and not fast enough
These people are nothing more than trespassers and as such they have no right to be here or challenge their removal. Imagine if a homeless guy decided to set up camp in a Neiman Marcus store, would he be unremovable until Roberts and ACB opined?
Too bad we can’t treat them how trespassers get treated around here. I’d even load up the shotgun with rock salt rather than bird shot.
Mark, I hate to inform you, but you are wrong. It breaks my heart to realise that my country is so stupid as to treat a noncitizen as if they had rights, but they do. Any person here illegally has the right to a day in court with representation. The traitor Biden and his handlers knew this and knew it would be twenty years or more to hear even half of these cases. That’s why Trump dug up the Alien Enemies Act to bypass this absurd law. It is a POTUS law that only he can use, and the SCOTUS cannot stop him, as they are now trying to do. This is going to come to a showdown of the highest magnitude when they say no and he says yes. Something’s got to give.
TY Professor.
More to follow,,,
View from the cheap seats.. even Scotus is dancing because of non citizens.. but issues for us?,, Well they grind slowly, if at all.
THIS the Supremes can get off their asses to do. In the middle of the night, yet.
Between the time that Truman began Mexican deportations in earnest until well into Eisenhower’s 2nd term (a period of time that included the infamous ‘Operation W-back’ that helped to deport over 1M illegals in 1954 alone), the Supreme Court not ONCE offered any opinions on the mass deportation process. This is particularly notable considering this is the exact same time when SCOTUS unanimously decided Brown v. Board of Education. THAT Court had nothing to say about mass deportations.
Trump deported a measly 11K illegals in February and another 13K in March, roughly the exact same number of deportations Biden was averaging in 2024. With ‘self-deportation’ thus far resulting in fewer than 5K exits and now this, the chances of Trump deporting a half-million illegals this year seems impossible. The fix is in. ‘A Republic, if you can keep it’ has been settled by a ‘conservative’ SCOTUS.
Methinks that SCOTUS will have a different opinion after Trump leaves office
I don’t think so.
The robed despots want to burn down the country and rule over the ashes.
That includes the nine Men on the Supreme Court. (There are no women, just varying degrees of maleness).
I guess since illegal military aged invaders don’t have to follow laws, perhaps it is time for legal Americans to take the “law” into their own hands.
The problem is, when the rogue robed despots rule differently for different people, no one knows what the “law” actually is. So the end result is whatever the most powerful person in the room deems it to be.
Be careful what you wish for Democrats. Be very very careful.
Actually, I see a court of women. Otherwise I agree with your comment 100%.
I think the word you are looking for is eunuchs. Which now seems to encompass members of both sex.
Maybe/maybe not. The activists and their ideological allies on the bench are creating a problem. They seem to believe that non citizen aka Aliens are due an Art III hearing. IMO that’s false but let’s play their game. There’s about 900 Federal District Judges to hear pleadings of an estimated 25 million ish illegal Aliens plus the 5 million or so other Aliens on work, student, tourist VISA or those with some other temp permission to be here; asylum claim process/TPS/DACA.
Remember that the advocates for aliens want and the Judiciary seems willing to grant an Art III hearing. That works out to more than 33K hearings for each Judge. Since at worst 95%+ of these cases are gonna result in removal that’s plenty of grounds to hold all of them as a.flight risk. So when these Aliens get rounded up and held awaiting their hearing for decades on end …no whining.
Not for nothing but I seem to recall from history that the US Military played a role in rounding up ‘non Citizens’ and putting them into isolated areas for public safety… See the Army in the post Civil War/post 14A era herding Indian Tribes into ‘reservations’. No whining when/if a similar process to that comes again, which as you pointed out it did under Truman and especially Eisenhower.
Guess who we can thank for this “conservative” SCOTUS – the guy who picked 3 of them. Is there any reason we could not round them up and hold them in a camp somewhere waiting for their court date? Greenland has lots of room.
Gorsuch and Kavanaugh are dependable. It’s the former Notre Dame Prof who turns out to be a closet liberal.
I was wrong. Only Thomas and Alito objected.
Yes, and Thomas and Alito were appointed by the Bushes — you remember, the RINO, GOPe, NeoCons, one worlders, etc. etc. So you can thank Trump for this decision.
Such a feeling of betrayal from SCOTUS. Cannot express the rage that our own Supreme Court will not protect our country. Thank you for your post. You helped define the issue.
For better or worse, their role is not to protect our country.
Biden wasn’t ‘deporting’ anybody, they were lying about a whole bunch of other nonsense being ‘deportations’.
I believe Biden was doing the same thing Obama was doing: counting border ‘returns’ as deportations. These are the people CBP collects as they’re crossing the border and then returns them usually within several hours. They counted those as ‘deportations,’
Also counted them as dying of COVID..
I recall the Biden administration boasting that it was deporting more illegals than did Trump in his first term.
Why couldn’t SCOTUS step up to the plate and order a halt on all these TROs against Trump, until the issue of their being nationwide is resolved? That would have been nice.
You already know why.
That’s (D)ifferent.
Ty Chief.. ISWYDT
SMH
So, before giving the trial court a chance to issue a ruling, the ACLU cries to the appellate court then before giving the appellate court a chance to review, they cry to the S.Ct. Maybe I’m crazy but I see a pattern here of the ACLU behaving badly. Then the appellate rules they do not have jurisdiction. But lo and behold, the jurisdictional genie grants jurisdiction to the S.CT.? What the #$@$ is going on here?
Transfer nearly all the US Marshals on court duty to guard the illegals pending deportation.
Wait for the explosion of tears and wails 😉
I think that’s an excellent idea. Start with the Marshals assigned to protect the Justices themselves.
I agree. But the incarceration areas should be in tents, in the South Western deserts of Texas.
If it was good enough for me and my sisters and brothers at arms, then it should be good enough for military aged invaders illegal invaders.
They weren’t ordered released. I nice big camp, put Sheriff Joe Arpaio in charge.
Now, if they request to go back. then we aren’t deporting them, just facilitating their return home. What happens there is not our business.
No Sgt. The incarnation areas should be in the front and back yards of the judges and any playgrounds near their homes who aren’t helping to expedite the removal of the criminal illegal parasites. The schools attended by their children should have their playgrounds and athletic fields repurposed to house said aliens. Let these judges know the fear of normal citizens saddled with these settlers, colonists, and invaders.
Deportations are halted under the Alien Enemie’s Act, …could they be deported under another existing law,..?
They could all be deported under the normal deportation process. The problem is the ‘normal’ deportation process is WOEFULLY inadequate considering the enormity of the problem (thanks to Biden). This is why the illegals that were being paroled into the country and assigned first appearance dates (or whatever the technical term is), were given dates YEARS into the future. I think those allowed in in 2024 were given dates into the 2030s. For those people – which numbers probably 10M or more in just the last 4-years – the ‘normal’ deportation process will take years. For the so-called ‘gotaways,’ that time-table is shortened because they can’t credibly claim protections under the asylum process. But still, it’s likely going to take the better part of several months (or longer) to get them removed once they’re in FEDERAL custody. The Alien Enemy’s Act was a nifty way for the Administration to pare that time from months to weeks, even days.
There are a lot of out of work attorneys. Make them immigration judges and hold them to the law, then deport these people.
My question would be, why can Biden and his anti-American crew sneak illegals in, yet Trump can’t sneak them out?
I would accept people “disappearing” at this point. They came in in the dark of night, they need to leave in the dark of night.
No one asked the robed rogues permission when they were being brought in by the plane load, but now they want to give permission to take them out by the plane load?
Oh, and where is Congress? I know. Every one of them, every one, has secrets that they are being blackmailed with. Raping and abusing children, sex trafficking, graft, bribes, sexual assault, you name it.
You are reading my mind.. They (many? some?) were brought in on midnight flights, they could leave the same way..
Obviously, Trump is being hamstrung by a well-orchestrated army of immigration activists/democrat lawyers to keep him from doing exactly as you suggest. Why the Administration doesn’t have a new (reliable) army of deportation judges is a good question. But, one thing that may be an impediment is the qualification criteria…
https://www.justice.gov/eoir/Adjudicators
..quickly finding RELIABLE judicial candidates who have 7-years post-bar experience including experience in administrative law might be a tough ask. I’d wager 75%+ of the lawyers who have those credentials are movement progressives.
W/respect to Congress, they’re hamstrung by the filibuster. There is ZERO chance there are enough Democrats willing to join the GOP to enact substantive laws to help facilitate the deportation process because these people represent the looming permanent governing majority for Dems. I’m not even sure if more than 75% of the GOP caucus really wants these people deported.
The Executive Branch has some options to use and if the Judiciary keeps playing games they should use them.
1. Use the authority to set up immigration checkpoints within 100 miles of the border, which includes the Atlantic, the Pacific and the Gulf. Sucks for NYC, Boston, Baltimore, LA, Seattle…don’t forget Ann Arbor and other blue state/sanctuary cities within 100 miles of Canada.
2. Pull US Marshals out of courthouse to assist in immigration enforcement.
3. Require any State/Local LEO on a Federal TF to be sworn as an ICE agent v US Marshal. Jurisdictions can agree or not, their choice but no Federal help without it.
That’s a few easy ways to make a stink that are totes legal and within Executive Branch purview.
Pay them a bounty on each illegal they order deported.
Then issue them new appearance dates. Let them know the result of the hearing is deportation. If they show up, issue a deportation order, take them into custody, and deport them. If they don’t show up, issue a deportation order, hunt them down, take them into custody, then deport them.
Great idea. Do what Joe did with student loans. Throw a dart at a law book, then do what he wants to under that law, until the Supreme Court tells him he can’t, then pick up another dart.
Who had on their Bingo card that Illegals have all the rights of US citizens?
Guess we now have 20 million new citizens and anyone who can get across the border by hook or trick?
20 Million? You think this is only going to affect 20 million? Just wait until word gets out that the U.S.
Supreme Court has just made illegals untouchables that cannot be deported for any reason whatsoever. There’s gonna be mayhem on the Southern border as everyone tries to cross the border. Guaranteed.
Meh. Go after workplace enforcement. Use civil asset forfeiture to size all property on job sites. ‘Sorry Mr Meatpacking plant owner, construction Co owner all your equipment, the groumds, the physical plant, the vehicles on site…all this is now closed, confiscated and under old the Fed Govt pending the outcome of your criminal trial for engaging in tax fraud, unemployment IN fraud and so forth’. Gonna be a RICO case as obviously the CEO and officers knew your divisions profits were higher. Gonna put a hold on any Fed contracts with your company.’
Restrict all federal funding to Citizens. Require school districts and hospitals who want federal $ to collect citizenship data to assist in locating illegal Aliens. Make it a duty to report to ICE.
Then there’s the fun part; establish TCP in blue areas with ‘sanctuary policies’ along the coasts and in Northern cities within 100 miles of the ‘border’. Gonna do wonders for traffic. Won’t be able to coordinate in advance with local gov’t b/c of their ‘sanctuary policies’. Totes legal.
While your pulling strings, go after their board of directors. Also any major institutional investors. All the banks that finance their businesses. They all know what is going on having done their due diligence.
“Meh. Go after workplace enforcement.”
There are several different ways to skin a cat—especially if you think outside of the cat’s litter box.
They’ll have to change the laws first. The democrats completely kneecapped the ability to prevent illegals from working, and it was 100% intentional. They are a protected class, better than citizens.
Sanddog
Not quite. The Biden admin handed out ‘work permits to several million they allowed in. Those under TPS and DACA also may work. The Trump!p admin can accelerate required contacts by Aliens to ICE from scheduled ‘hearing dates’ handed out by Biden in the 2030’s to monthly check ins and unannounced visits to confirm location. Just any of those and they are in violation and can be not just stripped of work permit but deported.
That leaves 20 million ish illegal Aliens who may NOT work. E verify is required for federal contracts. The I-9 form is very much alive and well. Plenty of room to expand use of e verify into ER visits, hospital admissions, school registration to remain eligible for federal funds.
IMO the use of flash TCP set up in ‘border areas’ for immigration checkpoints is the more powerful persuasive tool. Nothing to stop it either, plenty of case law to support it. So when Major Cities have several checkpoints going up unannounced that interrupt traffic and commerce in NYC, Boston, Baltimore, LA, SF, Seattle, in Michigan, Connecticut and Maine no whining.
And one rogue federal district court judge puts an end to it all with a permanent injunction(s) and that’s all they wrote folks. Trump is simply not going to be allowed to deport anyone under any theory of law. Period. The rogue judges on the federal district court will see to that and Roberts and the Supreme Court will remain silent on the matter.
There’s more options to go that are even more painful. This one rouge judge scenario is not the be all end all. IMO it will be reined in either by SCOTUS or by Congress setting limits on jurisdiction of inferior Courts.
Milquetoast toast has been saying that all along. Definitely OK with the invasion, as long as they don’t darken his neighborhood.
More rights than citizens. They don’t have to obey the law and when the violate the law, they are rewarded.
The vast majority of the people that came in under the Biden Administration, are here to stay, and there’s nothing that anyone can do about it.
Any reasonable person could have foreseen that the left was going to use the judiciary to effect that.
We do not have three co-equal branches of government.
We have two co-equal branches, and a judiciary that gives them permission.
Hmm . . .
Well, I guess if we are going to just ignore the law, we might as well go full throttle and allow our border enforcement agents to properly do their jobs, and just shoot invaders on sight. No judges, no juries, no investigations.
Maybe some of those ranchers on the border in isolated areas could hone their firearms skills; the corpses can go into the feed mill, or just be buried.
Oh, and by the way, I am declaring any and all gun ownership restrictions to be null and void.
Enough of this BS.
The Party is the government now.
We’ll be lucky to deport 1 million in 4 years
I am sure the birth right decision is going to be comical
They are just setting this all up so they can impeach and prosecute President Trump
Do they really understand what they’re doing? The left loves to yammer about dictatorships, fascism, and authoritarian rule but their dream will require an authoritarian dictator who isn’t concerned with the rule of law. And their side will go down in a sea of blood.
Well, that’s the end of the Republic as we know it. The Judicial Coup is now complete and the un-elected judges on the judicial branch, with John Roberts and the U.S. Supreme Court at its head, now assumes complete control of the Executive and Legislative branches of government. Too bad that, it was a pretty good while it lasted. But like all good things we weren’t diligent enough to make sure it wouldn’t be taken from us. And here we are and there we go.
The founding fathers and the thirteen original states gave us the 2nd Amendment in order to fight tyranny. Too bad it won’t be used.
Benjamin Franklin: “A republic if you can keep it”
It appears we can no longer keep it.
It’s not like we weren’t warned.
Huh. My Tanzania-born wife and I had to move heaven and earth to bring her to the US legally.
What we should have done instead is run drugs and murdered a few people, and the Supreme Court would have been fawning all over us.
Cartel gangsters can illegally enter the country and claim they have gone legit and are seeking “asylum” to start their new life in the USA?
Cartel gangsters are worthy of the same rights as any other asylum seekers?
No, no,no. They are worthy of the same rights as you and I. After all if you can’t trust a cartel member to be a good citizen, who can you trust?
Seems this is about due process, which I don’t actually have a problem with..:by deporting illigal immigrants and letting them challenge the deportation from their home country. They can have as much due process as they want from the county they came from.
Judicial tyranny. Our courts have seized power from the executive and legislative branches. Not that it’s any consolation, but Israel has it worse. Their Supreme Court is close to self perpetuating, and can nullify the Knesset on a whim. This where we are headed. Efforts to rein in their court has triggered massive demonstrations, and divided the country. Our SCOTUS wants the same level of power. What is to be done?
I don’t know it it’s still true: every member of SCOTUS graduated from either Harvard or Yale Law. Look at what and how they teach our future SCOTUS and other federal government judges. So as a start, shut down Harvard and Yale as a threat to the republic. But that’s an investment for the future. What do we do now? Trump at some point has to defy the federal courts. Otherwise they will block his every move. In effect nullifying the election. The message: tough folks, “what are you going to do about it?” Answer: civil war.
The speed at which SCOTUS acted on AEA invites speculation. Why the rush? Why wasn’t the executive even given a chance to respond? Has deep state threatened or blackmailed the justices? I’m afraid the future is very bleak. Make plans to escape or fight.
Escape , exactly where?
I’m slowly learning how AI can be useful for fast research. From grok:
Sensing the inevitable liberal evasion, I drilled down:
I’m getting better at this, you should have seen the look on Hamilton Burger’s face.
IANAL
I am a naturalized U.S. citizen.
I am 100% against the invasion.
I needed to clarify before saying this:
For all those of you saying or thinking that the government “does not need a reason to deport illegal aliens,” you are not correct.
I am not saying that things should be that way; they should not. But the fact of the matter is that the under the status quo an illegal alien is supposed to get a court date and go through an inadequate, long winding process that effectively allows them to stay here. That’s why they come here. That’s how they stay.
It was a smart move by Trump to invoke the AEA, so that ICE can immediately remove them. And everyone with a brain can see that this is an invasion, and that the AEA is applicable, but those behind the invasion will stop at nothing and they will try everything to impede or delay the removal.
Like I said, IANAL but I did come to America without a visa. I turned myself to authorities and went through the process. So I know the process.
Luckily for me, there was legislation and policy in place that made it easier for me, as Cuban, to go through that process. I know that a large number of Cubans have abused that system, and I recognize that it is wrong. I don’t think I abused the system though.
Like I said before, things should not be this way, but they are.
It will take decisive action from Congress to end this travesty, and I do NOT mean “comprehensive immigration reform” like I have heard some Congress hypocrites say. After “obamacare” I don’t want to hear the word “comprehensive” ever again.
Congress needs to pass laws (plural) to address each of the issues currently affecting the immigration crisis. I am not sure that it will happen, because Congress is full of cowards and corrupt grifters.
Hopefully, Trump’s actions will eventually force them to act. Otherwise, this will take forever.
Let’s see how it all plays out.
The “court” to which you refer is not an Article III court, but an immigration court – an administrative entity that is in the executive branch. These courts operate under rules devised by the executive. They do not provide the “due process” provided by Article III courts, they provide process established by the executive branch, the only process “due” to them. This being said, it means those rules can be changed and maybe Trump should be looking at doing so.
No alien here illegally has a justiciable liberty interest in remaining here, and no Article III court should even entertain a petition from an illegal alien. Their relief, if it can be found anywhere, is found only in the immigration courts. The Article III courts are granting standing to persons who are foreign nationals, and those foreign nationals are using the Article III courts to bend the US government to their will, when the only will to which our government should submit is that of its citizens. (This should be true of any country. No legitimate country was ever established to promote the interests of the citizens of other countries above and before the interests of its own citizens.)
On the other hand it could be fairly argued that both Art II courts in the Executive Branch and inferior Courts in the Judicial Branch were both created by Congress and have an equal claim on legitimacy.
Further the legal presumption is that every illegal Alien is subject to removal and the burden of proof to demonstrate otherwise is on the Alien. Then there’s the issue of asylum or fear of consequences in home nation… A deportable Alien doesn’t have a right to stay in the USA b/c they fear harm in Nation of origin they can be sent elsewhere. IMO that’s exactly what should be occurring. The Trump admin needs a few more Nations willing to accept deported Aliens of other Nationalities. Congress could help this by requiring the Alien to submit a choice among the options other than Nation of origin with the fallback position being permanent incarceration in the USA if that Nation rejected them. So the Alien either goes home, goes to a 3rd party Nation or stays locked up and he must make.selection with every CT filing.
MS-13 and TdA members shouldn’t even be treated as humans. They are literally Satanic murder-rape cults.
I wonder if those brave men at Concord and Lexington would comprehend the tyranny of this government 250 years to the day later?
Ben Franklin would be vindicated… As for Parker and the Militia….they gave it a good go and even they couldn’t exist today. SCOTUS are pillow side patriots that would have sided with the Crown.
Your answer is already in.
Parker’s musket hung from the ceiling of the state legislature for scores of years… until a typically drafted ’90s state gun law forced the solons to install a bright orange trigger lock on it, for all to see and deride. Within a decade of this embarrassment, it was “removed due to chamber renovations” and I don’t believe it was ever reinstalled.
So now what?
Does President Trump
Appear to adhere to the commie SC and wait until midterms and then ignore them all and go balls to the wall and round them up 24/7 with the military non stop?
Good to know the the Supreme Court is now the Commie SC, since after all, it was Trump’s appointees who made it so. Does that make Trump a Communist too?
Shut up, you idiot.
When Civil War II: Electric Boogaloo gets going, I’m sure our robed demi-gods will all be sitting around, looking at each other with stunned faces, and muttering, “Wha’ happened?” as troops smash through the doors of their chambers with the fixed intent to hauling them off to parts unknown.
I think we could create an organization to file a class action suit against the government to enforce immigration laws and protect us. We should also file a civil suit against the ACLU for every evil person they have represented that has caused damage on us. Call it the American Civil Justice Union or something like that.
What is necessary now, and what has been a long time coming, and what is long, long overdue. is for the American people to give the court the back of their hand. Get back in your lane! Judicial activism will no longer be tolerated.
Just how do we do that
Ignore their “orders”. The executive branch and the President are not subordinate to the court. They are co-equals. The President cannot “order” the court to render a certain opinion. Neither can the court “order” the President to take actions which, under the constitution, are expressly reserved to him.
Perhaps it’s time for Republicans to introduce legislation to the House that increases the number of justices sitting on the Supreme Court? You know, just like the democrats discussed and threatened to do when the SCOTUS wasn’t ruling in their favor? Have the Republicans introduce legislation to the House that reforms the federal district court system and removes the un-elected, activist judges from the bench and puts into place a system that will prevent activist judges from legislating from the bench?
And if all that fails, then there’s always the 2nd Amendment . . .
Democrat governors and legislatures have been ignoring the courts for decades and nothing ever happens. It’s amazing how silent the supreme court can be when it comes to citizens constitutional rights but when it comes to illegal aliens, they jump right up and start making demands.
Let me restate the headline. BEING A CITIZEN OF THE UNITED STATES MEANS NOTHING and DOES NOT EXIST.
Sort of like the left’s definition of a being a woman.
OK- then start arresting the illegals for ANY AND ALL CRIMES and put them in storage containers to rot while their deportation cases get worked.
https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter3&edition=prelim
§21. Restraint, regulation, and removal
Whenever 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.
There is no formal declaration of war on Venezuala or any other South American nation, it is very far from clear that the act can be applied.
I believe the argument is that the GWOT is ongoing, that the executive can declare groups to be terrorist groups, and that the executive has declared these foreign gangs to be such terrorist groups.
A German National was deported under the AEA after the end of WWII. Further the act has two separate triggers:
1. A declaration of War by Congress
2. President issues a proclamation (aka makes an announcement) that an invasion or predatory incursion..’
So all it takes is Trump declaring that the 25 million + illegal Aliens in the US constitute an ‘incursion’. IMO that’s too large a grant of power BUT the grant of power to the Executive was made and is valid.
I thought Trump has already made such a proclamation. It is my opinion that following that proclamation the due process comes into play which is those subject to the deportation under the act have the burden of proof of showing they are not members of that class. That they are to be given a chance to present clear and convincing evidence that an error was made by the government. The opportunity to present such is limited and not subject to appeal. If it is found an error has been made their case moves immediately to standard deportation and they are held pending a court appearance. It is not catch and release for them.
Germany was not at peace with the United States it was under an American Military Occupation following a very long and brutal war and her legitimate leaders faced trial and potential of being hanged by the U.S. Military which was openly trying to shatter the defining theme of German society (Nazism).
Capitulation and peace are not the same thing.
We are in uncharted waters because no president has used the act to mean illegal immigration, it is very obvious from lack of illegal immigration at the time that the laws framers did not think of illegal immigration which means the terms after “or” have to be defined.
If you could find the binding precedent that illegal immigration is covered by predatory incursion or invasion but I simply know of no such precedent.
Radical reinterpretations of statute are challenged in court all the time this case is the definition of standard and we don’t even know if the justices will determine that Trump’s radical reinterpretation is valid or not so how do you know you won’t love the justices for finding the reason this is valid?
It isn’t radical to use AEA. Nor is ordinary mass deportation see Eisenhower. The fact is that the AEA as written has two separate triggers. One controlled by Congress and one controlled by the Executive. Trump is merely using the trigger he was provided to declare the presence of roughly 25 million illegal Aliens an ‘incursion’.
What IS radical are those who seek Judicial Supremacy. The Judiciary has zero independent means to enforce their orders, they depend upon respect. When they undermine the public’s respect for their decisions b/c they are previewed as radical resistance themselves ….it invites discontented public to ignore them and to demand their political representatives to do the.same. Dangerous path to go down IMO when if the bluff of the ideological Judiciary gets called the ideological Judiciary will most certainly lose.
1. I am the one who brought up that Eisenhower deported millions of illegals. The reason I brought it up is he did so without use of the AEA because using it without being at war is radical, and Eisenhower never even considered it a possible tool.
He did consider use of normal functions of the government as written and intended to do so which he did. He did so successfully without any controversy.
Eisenhower was a good president.
If you are going to reinterpret what people have made of a law for over 200 years yes you are the radical one, and no courts having oversight of such a reinterpretation is not radical.
Biden tried to reinterpret and lost in court all the time.
Stop pretending you want a presidential dictatorship I was able to thank god for the courts that stopped Biden’s radical reinterpretations because they are our ONLY guarantee for constitutional rights.
The only thing that is stopping America from becoming the next UK or Canada is our system of law and law courts and don’t forget that.
“If you could find the binding precedent that illegal immigration is covered by predatory incursion or invasion but I simply know of no such precedent.”
Even better..
That means there is no precedent saying it ISN’T, either.
Exactly why it is being adjudicated in a court room because it is unprecedented and very clearly not the intent of the people who wrote that law.
That is how these ambiguities have always been handled and will always be handled.
You would not have wanted Biden to have unilateral power to reinterpret laws without oversight and neither would I.
Trump is a president like any others, and he is term limited and elderly. The courts are the only thing that protects America from becoming the next UK.
He already made that declaration, The communist judges just don’t care what the law says.
The operative word here is “or”. The operative punctuation is the comma.
A declaration of war is not necessary.
Yep, two paths.Either a Congressional declaration of War OR the President declares there’s an ‘incursion’. Both equally valid.
Have you ever seen a statute define illegal immigration as the incursion/invasion described?
Especially in context what looks like the statute is describing is an armed military invasion without a declaration of war. That has at least been the interpretation of statute up to now.
If a definition is not included in the text or pretext of a statute then the common (standard dictionary) definition applies. Whether there is a predatory incursion is decided and proclaimed by the president. . Even legal immigrants could be subject to such a proclamation should they be Provided they meet the conditions listed in the act. In context I disagree that it refers to an armed military invasion without a declaration of war. An armed military invasion IS AN ACT OF WAR. And Congress no doubt would respond with a declaration of war.
It is necessary that the invasion or predatory incursion be facilitated by a hostile government to meet the criteria of the act. Trump puts Venezuela in that category. I don’t think the act requires an armed invasion. The wording ” perpetrated, attempted, or threatened against the territory of the United States…” sure seems to indicate the act can be invoked in anticipation of such invasion or incursion.
The determination of whether an ‘incursion’ exists under the AEA is left to the judgement of the President. Not sure what your objection is to the President using the power of the AEA which was delegated to him by Congress. That’s what’s going on. You can complain that the AEA grants too much power to POTUS, (FWIW that’s my position) but any argument that he doesn’t hold the power to make a proclamation than an incursion exists then use it to deport via AEA is not a good faith argument.
There’s all sorts of powers granted to the Executive over the centuries that can be wielded. Some rely solely upon the judgement of POTUS and this is one of them. This is the sort of thing that those of us wary of big govt, big grant of power to Executive have been trying to tell the supporters of big govt about for years to very little success so no whining about from those who ignored the warning and mocked us.
You are ignoring the “or”.
Basic statutory construction: the “or” between the first two clauses establishes an alternative basis to declared war for the application of this statute; namely invasion or predatory incursion by any foreign nation or government, IMO, that second clause would have applied to the Cuban boat people, and should apply to Venezuelan criminals and Chinese men whose travel to our shores was, at the very least, “facilitated” by their governments.
The statute seems to be describing an armed military invasion without a declaration of war not illegal immigration which is handled by other statutes.
Eisenhower did not invoke the act when he deported millions of illegals.
Eisenhower wasn’t dealing with a bunch of communist traitors in robes defying every attempt to enforce the law.
Eisenhower didnt have to. The Judiciary wasn’t feral back then
So, the AARP brought the complaint? From now on, instead of throwing their mailings away after tearing them in half, I’ll be burning them.
Say his name 3 times and he will appear.
The last comment was to alaskabob below
AARP is not as savvy as they should be, this was a stupid move that will cost them.
AARP is a liberal clownshow. In the bag for this, in the bag for Obamacare, in the bag for the :death tax and the LGBT mafia, and deathly opposed to private retirement accounts and a balanced budget amendment.
That’s why there’s AMAC.
If any of you are still AARP members, you should read these endorsements.
Evidence of a static statist court….Proceduralism prevails. The American citizen has no standing. By the way, I need insight from Milhouse please.
I have been wondering about adding 2, maybe 4 hand picked judges to SCOTUS.
We should have let the communist mobs destroy them after Roe was overturned. At least then they would have gone out on a high note rather than proving themselves to be traitors.
Did someone order the Constitutional Crisis? It is a bad order, a wrong order, a garbage order, and like garbage it stinks. However I will try to be optimistic. Unless I misread the information on the order the issue is not whether Trump can ever use the Alien and Enemies act to deport certain classes of illegal aliens. It is whether the government has offered evidence the ones being deported are indeed gang members. I think it is the right to challenge of that proof which is the due process the court.
seeks.
It seems to me that the administration did claim to have such evidence but it was in many cases the result of intelligence work by various law enforcement agencies and not for general knowledge. Whether it would be protected by other legislation or acts, I don’t know. So what I would like to know what would it take by the government for the court to agree the burden of proof has been met and endless challenges invalidated?
If the other concern is that the deportees will end up in El Salvador prisons, well doesn’t that sort of tell you these are members of a criminal class such as violent gang members? I mean doesn’t their own ruling reach that conclusion.
I can’t wait for the new Civics books that introduce the ACLU as the 4th branch of government.
Piffle. Garcia, for instance, was the subject of an unchallenged deportation order. He was deported because he was here illegally. Nobody has made a claim in a court of law that he was here legally or that the government can’t deport those here illegally. This started as a complaint that he was improperly deported to El Salvador because an (Article II) immigration court issued an “order” (said order, being issued by the executive, should only be as valid as the POTUS should consider it, not how the SCOTUS should consider it). As Bondi or some spox said a day or so ago, if Garcia were to come back into the US, the US would put him on a plane and send him to some country other than El Salvador. Garcia’s supporters seem to think that if they can get him back he’ll be able to stay and fight to stay here. This is untrue. Garcia was legitimately deported as a person here illegally – end of story. Gang membership is only being used as a metric (by ICE) to prioritize deportations, not as a requirement for deportation. Many commentators seem to be laboring under the impression that gang affiliation is a requirement for deportation of a person here illegally. It is not.
Technically true, but the reason for the prioritization (besides public safety) is that there was much less risk of a legal challenge from deporting illegal immigrants who committed (other) crimes here than those who did not.
Apparently not
Still true, I think. “Less risk” doesn’t mean no risk, and the quality of the current judicial tantrums is much weaker, and naturally repugnant to a vast swath of the uncommitted electorate. You’d be benefiting from neither of those advantages if you had started out targeting ALL illegal immigrants.
Of course gang affiliation is not a requirement for someone here illegally. I never suggested such. I also believe it very likely that the persons who are subject of this ruling ARE INDEED MEMBERS OF A GROUP WHICH CAN RIGHTLY BE REGARDED AS TAKING PART IN A PREDATORY INCURSION. The court disgraced itself with the ruling. I would argue it is up to those being deported under the act to offer proof that the government got it wrong and to do so in a timely manner. If any findings support the government made an error than it gets transferred to regular deportation process with the subject being held until the hearing date.
I think all of them can be considered predatory considering what they do to our job markets, our housing markets, our hospitals, our welfare system and everything else they touch.
But are they doing so at the desire of a hostile government? It is my understanding that Trump believes a gang members were encouraged or even told to enter the U.S. I find that very plausible. What I don’t know is whether the government has to prove it to the court or whether the President decides so at his discretion.
Absolutely. Not just for ‘job market’. They impact availability of public resources for US.Citizens by consuming them; hospital care, public schools, Police/Fire/EMT, prison population, clogged courts delaying ‘speedy trials’ to Citizens.
All that and more. Each/every instance of.which is definitely not serving to advance the ‘general welfare’ of US Citizens. In fact these things harm and impede it. If ‘general welfare’ can be cited as the basis for the Federal govt to have expanded it can be cited just as validly to deport illegal Aliens.
“But are they doing so at the desire of a hostile government?”
It’s such an obvious tactic, it’s statistically impossible for it NOT to be happening.
Castro suckered all-day sucker Jimmy Carter by emptying his prisons in the Mariel Boatlift. What country doesn’t want to empty their prisons and deport their troublemakers? And here comes Stupid Joe, crooking his finger while whispering, “Don’t.”
Somehow my brain meant to tell my fingers to type the word “deported” In that first sentence. As usual there was miscommunication between the two.
ACLU should have their nonprofit status revoked. Have they been feeding at Deep State’s trough?
Deportation should be much easier. Were you born here? Are you here o n a valid visa? No? Get the fuck out.
Our new Commissars wear robes, all political designs have to pass threw them
So SCOTUS grabs jurisdiction over everything and maximizes its footprint.
This is incompatible with that old case which we need to start to ignore.
Sorry lawyers, it’s the basis of your livelihood. Marbury v. Madison. There is no legislation, no constitutional provision supporting it. Kick the courts out of the way. The courts should not control how the other branches run.
Prof. Jacobson in my opinion tweeted the wrong point. Is the constitution a suicide pact? No, but we should return to it. Forget Marbury v. Madison, it’s just lawyers enthroning themselves.
I’ve heard that this isn’t that big of a deal.
I’ll just put this here to remind people . . .
Guys, deep breath here. You complain when the SC lets lower courts run wild and you complain when the SC takes control of a chaotic situation. This is a judicial ‘Time out’ over the Easter holiday weekend so everybody can settle down, the lower courts can stop issuing knee-jerk Article III responses to Article II actions, and the AEA can get a good Constitutional looking-over. The end decision I guess will be out in a week or two, but my best toss at the judicial dartboard will be something like “The AEA is Constitutional, but gang members getting kicked out need to at least have gone through a represented judicial (Article II) review where they can object to their gang status and produce evidence to the contrary. I suspect most of these court proceedings will take under an hour if not waived by the deport-ee. Because it’s a short step from the AEA to having some *left* wing Presidente declare all J6 protesters to be terrorists and deport them to (fill in name of socialist country)
There’s a big difference that you are failing to recognize; US Citizens can’t be deported. A naturalized Citizen can be stripped of their gran of Citizenship if they misrepresented themselves, their history somewhere in the application process aka fraud.
That’s the lefty wokiesta rhetorical BS of ‘first it is MS 13 then it’s a Citizen, tomorrow it could be any one of us’. Not true.
There’s about 900 Federal District Judges. There’s about 30 million Aliens who could be deported. Lets say they did an hour each as you suggest. At 2,000 hours per year and 900 Judges that’s 1,800,000 hearings. It would take nearly 17 years of these one hour hearings to work through them all….meanwhile the Federal District Courts are not doing anything else.
An Art III hearing is simply not possible. It is in fact a physical and logistical impossibility. No CT that issues an order demanding an impossibility should be respected. Tell you what though, I’ll meet you halfway. If you agree to require.the Federal Courts to work their normal caseload from 0700-1700 each day then do Alien deportation hearings from 1730-0130 M-F for 50 weeks each year per the next 17 years… then sure. I suspect the Judges won’t agree to do it, which demonstrates they ain’t serious about due process but choose to use it as a pretext to halt/slow deportations.