Judge blocks Trump from deporting noncitizens under Alien Enemies Act, orders flights turned around

[Kamaji]

Although the Alien Enemies Act has only been invoked in major conflicts, Presidents Woodrow Wilson and Harry S. Truman continued using the law after the cessation of hostilities in World Wars I and II. World War I ended in 1918, but the Wilson administration used the law to intern German and Austro-Hungarian immigrants until 1920. And World War II ended in 1945, but the Truman administration used the law for internment and deportations until 1951. In its 1948 Ludecke v. Watkins opinion, a narrow majority of the Supreme Court upheld the Truman administration’s extended reliance on the Alien Enemies Act, reasoning that it was not the judiciary’s place to second-guess the president on a matter as “political” as when a war terminates and wartime authorities expire.

https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained

General info above, it sure looks like most of what Pres. Trump has been doing was researched and is on solid legal footing.

The country has been invaded and illegal aliens are only one component of the asymmetrical war we are in.

Doesn’t look like it was researched at all.  Even in their court filings the DOJ has not claimed that the aliens in question are here in connection with a declaration of war by another country or an invasion or predatory incursion by a foreign government. 


Inability to point to any facts that would tend to show the necessary predicates were satisfied demonstrates lack of research. 

[Ghost Bear]

Really?  So, what foreign government has declared war on the U.S. or has perpetrated an invasion or predatory incursion against US territory?

I really wish yall would learn to read statutes.  The AEA requires that a foreign government have acted before the president can use it.  So far, that hasn’t happened. 


So no - emphatically no - Trump is not using the statute as intended, or as written, and the judge is correct.

Do you remember when Pres. Trump declared "cartels and other organizations" as foreign terrorist organizations?  Here's a link in case you don't remember: https://www.whitehouse.gov/presidential-actions/2025/01/designating-cartels-and-other-organizations-as-foreign-terrorist-organizations-and-specially-designated-global-terrorists/. In the executive order, there is specific mention of using the Alien Enemies Act to remove those who to whom the executive order may apply. The laws giving him the power to do so are referenced in the EO.

So you and the judge are both wrong. Under the laws enacted after 9/11, the President can designate foreign terrorists as alien enemies, and by his EO designating the cartels as foreign terrorists, he is now using the AEA as intended.

[Kamaji]

Do you remember when Pres. Trump declared "cartels and other organizations" as foreign terrorist organizations?  Here's a link in case you don't remember: https://www.whitehouse.gov/presidential-actions/2025/01/designating-cartels-and-other-organizations-as-foreign-terrorist-organizations-and-specially-designated-global-terrorists/. In the executive order, there is specific mention of using the Alien Enemies Act to remove those who to whom the executive order may apply. The laws giving him the power to do so are referenced in the EA.

So you and the judge are both wrong. Under the laws enacted after 9/11, the President can designate foreign terrorists as alien enemies, and by his EA designating the cartels as foreign terrorists, he is now using the AEA as intended.

Nope.  Just because the president says it in an executive order doesn’t necessarily make it so.

The AEA REQUIRES action by a foreign government either in the form of a declaration of war or an invasion or predatory incursion BEFORE the president can remove anyone under the act.


Designating a group as a foreign terrorist organization does not give rise to any of those required predicate acts. 


Trump is wrong and the judge is correct.

[Cyber Liberty]

Nope.  Just because the president says it in an executive order doesn’t necessarily make it so.

The AEA REQUIRES action by a foreign government either in the form of a declaration of war or an invasion or predatory incursion BEFORE the president can remove anyone under the act.


Designating a group as a foreign terrorist organization does not give rise to any of those required predicate acts. 


Trump is wrong and the judge is correct.

I assume Wilson and Truman were wrong, too.

[Ghost Bear]

Nope.  Just because the president says it in an executive order doesn’t necessarily make it so.

The AEA REQUIRES action by a foreign government either in the form of a declaration of war or an invasion or predatory incursion BEFORE the president can remove anyone under the act.


Designating a group as a foreign terrorist organization does not give rise to any of those required predicate acts. 


Trump is wrong and the judge is correct.

The Supreme Court will decide.

[Kamaji]

I assume Wilson and Truman were wrong, too.

They had declared wars that satisfied the predicate requirements.  Therefore, as distinguished from Trump, they weren’t wrong


What is so hard to grasp about a fairly simple English sentence?

[Cyber Liberty]

The Supreme Court will decide.

SCOTUS already weighed in, back in Wilson's day.  They found Wilson was correct. They would have to overturn their own precedent.

[IsailedawayfromFR]

No, you didn’t read the statute.  A foreign government must EITHER declare war, or perpetrate an invasion or predatory incursion against US territory.

50 USC sec. 21.

Look it up and read it.

I'll bite on that one, once again.

We have a foreign government which has perpetrated an invasion or predatory incursion against US territory.  It is well known that Maduro opened his prisons to send members of Tren de Aragua to invade the US.

These people are here illegally, and rightly the President, as per Sec 21, proclaimed such and has executed the actions permitted under Sec 21.

Read it yourself below and stop the outright lying.

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.

[Cyber Liberty]

They had declared wars that satisfied the predicate requirements.  Therefore, as distinguished from Trump, they weren’t wrong

The wars were over, both times.

[libertybele]

Nope.  Just because the president says it in an executive order doesn’t necessarily make it so.

The AEA REQUIRES action by a foreign government either in the form of a declaration of war or an invasion or predatory incursion BEFORE the president can remove anyone under the act.


Designating a group as a foreign terrorist organization does not give rise to any of those required predicate acts. 


Trump is wrong and the judge is correct.

In your opinion Trump is wrong.  We get it.

[Cyber Liberty]

In your opinion Trump is wrong.  We get it.

As wrong as the SCOTUS was in deciding Wilson and Truman were correct.

[Kamaji]

The Supreme Court will decide.

Most likely they will.

[Bigun]

The Supreme Court will decide.

I'm sure the president has already decided. As he has every right to do. Judges are not kings!

[Kamaji]

The wars were over, both times.

The statute doesn’t say it applies only during the time of active war activities.  The decisions in those cases were predicated on their having been a declared war and the aliens in question as having had a connection with the belligerent parties.


That is not present here. 


Furthermore, a declared war is not the only predicate requirement.  A predatory incursion by a foreign government would work as well. 


Problem is, Trump can’t point to either one.

[Kamaji]

In your opinion Trump is wrong.  We get it.

The English language is not just my personal opinion.

[Kamaji]

I'll bite on that one, once again.

We have a foreign government which has perpetrated an invasion or predatory incursion against US territory.  It is well known that Maduro opened his prisons to send members of Tren de Aragua to invade the US.

These people are here illegally, and rightly the President, as per Sec 21, proclaimed such and has executed the actions permitted under Sec 21.

Read it yourself below and stop the outright lying.

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.

And yet, the DOJ lawyers didn’t see fit to share that tidbit with the court.  Most likely because they know they have no evidence that Venezuelas government perpetrated, attempted, or threatened a predatory incursion.


Merely letting bad guys out of jail early doesn’t count.

[IsailedawayfromFR]

And yet, the DOJ lawyers didn’t see fit to share that tidbit with the court.  Most likely because they know they have no evidence that Venezuelas government perpetrated, attempted, or threatened a predatory incursion.


Merely letting bad guys out of jail early doesn’t count.

Obviously the DOJ does not need to share anything with a court.  The President as per Sec 21 has sole authority to decide based upon his own extensive intelligence at his disposal and enact its provisions.

There is zero basis for any court to attempt to intrude upon this authority.

And it is telling that you seem to know more about any evidence here than does the President himself, as you say most likely they have no evidence.

A very haughty statement by you, and falls spectacularly on its face.

[Kamaji]

Obviously the DOJ does not need to share anything with a court.  The President as per Sec 21 has sole authority to decide based upon his own extensive intelligence at his disposal and enact its provisions.

There is zero basis for any court to attempt to intrude upon this authority.

And it is telling that you seem to know more about any evidence here than does the President himself, as you say most likely they have no evidence.

A very haughty statement by you, and falls spectacularly on its face.

Nope.  If the predicate facts don’t exist, the President cannot act, and the existence of those predicates is not at the sole whim of the president. 

[mystery-ak]

https://twitter.com/julie_kelly2/status/1902031524565831921

[libertybele]

Trump as CIC has the absolute right and in fact duty to protect this country and its citizens and that IS exactly what he has done. They were here ILLEGALLY...he deported them.

Next.

[libertybele]

https://twitter.com/julie_kelly2/status/1902031524565831921

I have little faith in Roberts or Barrett.  God help this country.

[IsailedawayfromFR]

Nope.  If the predicate facts don’t exist, the President cannot act, and the existence of those predicates is not at the sole whim of the president.

Nope, YOU believe the predicate facts don't exist.  But it is not your belief that counts, it is the President's, and in no manner, way, shape or form does he have to get the approval of some court.

He can interpret the Constitution as well as any court, regardless of what some court believes it is their sole right to do so.  That right is fabricated by past courts, decidedly not by the Constitution.

[Wingnut]

Nope.  If the predicate facts don’t exist, the President cannot act, and the existence of those predicates is not at the sole whim of the president.

Just shut up.  You are a Loon.  A proven loon.  Not sure why you are still here.

[Kamaji]

Nope, YOU believe the predicate facts don't exist.  But it is not your belief that counts, it is the President's, and in no manner, way, shape or form does he have to get the approval of some court.

He can interpret the Constitution as well as any court, regardless of what some court believes it is their sole right to do so.  That right is fabricated by past courts, decidedly not by the Constitution.

No, it isn’t.  Trump is neither Czar nor dictator, and if the rule of law means anything, it means the executive’s decisions are always subject to review.

[bilo]

The Supreme Court will decide.

They already did in 1948. The President is well within his Article 2 authority to use the Alien Enemies Act.