Author Topic: Another Fifth Column Judge subverts legislative intent of Alien Enemies Act  (Read 32 times)

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Offline rangerrebew

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Another Fifth Column Judge subverts legislative intent of Alien Enemies Act
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SEE: Texas Federal Judge Blocks Trump Administration’s Use of Alien Enemies Act for Migrant Deportations

A federal judge in Texas has ruled that the Trump administration overstepped its authority by using the centuries-old Alien Enemies Act to expedite the deportation of Venezuelan migrants, dealing a significant setback to the administration's immigration crackdown. In a 36-page decision issued Thursday, U.S. District Judge Fernando Rodriguez granted a preliminary injunction blocking further use of the law in this manner, stating the administration’s actions exceed the statute’s original intent.
Judge Rodriguez, in support of his ORDER permanently blocking the Trump Administration from detaining, transferring or removing Venezuelans targeted for deportation under the Alien Enemies Act (AEA), discards and dismisses one of the most fundamental age old rules requiring an adherence to “legislative intent”, and he goes on to attach his personal views to the Act to support his order.

Judge Rodriguez writes: “The historical context for the enactment of a statute can prove relevant, but does not dictate the statutory words’ meaning. See, e.g., Airlines for Am. v. Dep’t of Transportation, 110 F.4th 672, 676 (5th Cir. 2024) (confirming that “legislative history is not the law,” and it cannot “muddy clear statutory language”) . . . “

And yet, in Hawaii v. Mankichi, 190 U.S. 197 (1903), our Supreme Court emphatically states:

”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380" :

https://www.alipac.us/f12/another-fifth-column-judge-subverts-legislative-intent-alien-enemies-act-429409/
The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth.  George Washington - Farewell Address