Where!? When!?
Surely it didn’t get lost in the flapping dog jowls and slobbering camels!
You are misreading or misunderstanding Ludecke.. In that case, the person had already had a hearing years before that declared him to be an enemy alien and he was being detained as a result. The question was whether he could deported after the cessation of hostilities in Europe after WWII had ended. The Supreme Court held that he could not challenge deportation, but a person could challenge the designation as an enemy alien and also the constitutionality of the application of the AEA. The Court further held that the challenge of whether there was on-going hostilities was largely unreviewable. Finally since Ludecke had already had due process in the designation by a tribunal that he was an enemy alien, he could not relitigate the issue in the deportation process.
It is easy to see that the El Salvador detainees have not been accorded due process, and so they could not be deported summarily.
In the El Salvador thread and to a lesser extent in the dedicated Garcia thread. While no direct responses to my original post in the Garcia thread, I found a way to engage in that discussion none-the-less. You yourself have been a participant.
You don’t know that. Many of these criminals in addition to being in the country illegally had been arrested, arraigned and convicted of multiple crimes including violent crimes! They had their “do do process” and are now where they belong.
You miss the point - they are entitled to due process on the issues of whether they fit the definition of enemy alien, which is a bigger issue than you are willing to acknowledge. It is a n open question whether one can be an enemy alien without being the agent of a government with which the US is engaged in hostilities. Due process is required under Ludcke on this issue. Due process is also required on the issue of deportability. There no provision in US law for summary deportation unless the person has been in the country for less than 14 days and is apprehended with 100 mile of a border.
1 Like
Not impressed.
Due process for deportation is an interview with a special inquiry officer.
1 Like
And yet, you offer no rebuttal with reputable sources to confirm you assertion.
In other words, you are all wind and no sail.
1 Like
Color me surprised. Believe it or not, my main mission in life isn’t to impress you.
Good for you
The only process which may be due under the Alien Enemies Act when the President’s Administration identifies an alien to be deported is, a writ of habeas corpus and it would be limited to determining whether or not the subject in question is in fact a foreign national, and not a citizen of the United States.
Are you suggesting Kilmar Abrego Garcia is a United States Citizen and Judge Boasberg is correct that he was illegally deported under the Alien Enemies Act?
If so, provide a coherent argument.
The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including unobstructed discretionary deportation power, to deal with and remove aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.
2 Likes
Still waiting for you to elaborate on what “process” is due to aliens under the Alien Enemies Act when restrained and held for deportation.
This all changes when you’re not deporting someone but sending them to prison.
Things keep getting more weird by the day!
1 Like
Show me where in section 1 of the AEA where it mentions anything about what a receiving country is obligated to do upon receiving an individual.
2 Likes
What “process” is due to an illegal entrant alien under the Alien Enemies Act when restrained and held for deportation as an alien?
Apparently El Salvador has no problem keeping this Salvadoran citizen in prison.
Your statement of facts sounds like due process to me.
Hammer meet nail. As a citizen of El Salvador it’s all up to the government and legal system of El Salvador do figure this all out. It’s not like the US can FORCE El Salvador to put him somewhere.
Yes but Dimbulbcrats like Van Hallpass think they can tell another country what to do with their citizens.
