A federal judge in Colorado directed President Donald Trump’s administration on Tuesday to give Venezuelan migrants detained in that state notice 21 days in advance before any deportations under a law historically used only in wartime, and to inform them of their right to challenge their removal.
Now, for the rest of the story.
The fact is, under Section 2 of the Alien Enemies Act, those charged by “complaint” are entitled to the process outlined within Section 2.
What Judge Sweeney suspiciously avoids to note in her written opinion is, under Section 1 of the Enemies Alien Act, the President is delegated an extraordinary power totally separate from aliens charged by “complaint” under Section 2, and it includes an unobstructed discretionary deportation power to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, to pose a threat to the general welfare of the United States and her citizens.
With respect to Section 1’s extraordinary power, the only process which may be due an alien when secured for deportation is a writ of habeas corpus, and it would be limited to determining whether or not the subject in question is in fact an alien and not a citizen of the United States.
Aside from Judge Sweeney ignoring Section 1’s intended delegation of authority (distinct from that of Section 2) to apprehend, restrain, secure and remove, aliens deemed by the President to be a threat to the general welfare of the United States and her citizens, and do so as he thinks proper, Judge Sweeney has decided to exercise Congress’s exclusive legislative authority by arbitrarily setting a twenty-one (21) day notice to individuals detained pursuant to the Act and Proclamation.
What is outrageous about Judge Sweeney’s ruling and blatantly exhibits judicial tyranny is, Section 1 of the Act does not authorize Judge Sweeney’s intervention, and while Section 2, which applies to individuals under a “complaint” as distinguished from aliens mentioned in Section 1, she exercises legislative authority setting a twenty-one (21) day notice be given to aliens mentioned in both Section 1, and Section 2., and in so doing, subjugates the very object of Section 1 which was purposely designed to vest an unobstructed discretionary deportation power to the President, 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.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [a United States District Judge] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47
Well the point is they are entitled to some sort of hearing
to make sure they didn’t pick up the wrong guy, the guy’s next door neighbor, some Puerto Rican who looked like the Salvadoran they wanted etc…
It shouldn’t take 21 days, but we are not harmed by the unnecessary wait. Really, if some guy’s been here for six years causing trouble. Holding him in a cell for 21 days is not gonna break the deportation system
And what is commanded by the actual text and legislative intent of the Alien Enemies Act? Are we not to follow our system’s rule of law?
JWK
“A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law.” ___ Hawaii v. Mankichi, 190 U.S. 197
Point is, it is possible to have a case of mistaken identity etc.
and people picked up under that, or any other act, are entitled to a brief reasonable hearing to be sure no mistake has been made.
(This is why one of our posters keep posting examples of cases that worked perfectly, to raise the specter that sometimes they might not all work out.)
If . . .
in reality it takes only 5 days to do that right
But . . .
some stupid judge says “nope ya gotta give him 21 days”
Then . . .
What harm is done?
What does it hurt us?
The guy is already in custody and already on teh way out.
That is covered by a writ of habeas corpus, and not the ■■■■■■■■ dreamed up by Judge Sweeny.
It is absolutely sickening our Judicial system (Supreme Court) refused to hear Texas and Louisiana litigation challenging Biden’s open border policy in 2023 allowing an invasion of our border by 10 million aliens to take place, and now a single District Judge is there to obstruct and subjugate the current Administration from deporting aliens under the Alien Enemies Act as it was intended to operate by its creators.
which they can do, what they cannot do is make up a “reasonable” time out of holecloth, only the President has the authority under the law to determine “reasonable”
They can tell the President… “that’s not reasonable” they cannot make up what is. The law does not give courts that authority
Then let the President show that the emergency is so acute that allowing 21 days to get these aliens out is going to place an existential threat on the Republic.
Seriously you guys all think we have to go so fast we can’t even take a little bit of time to make sure that we’ve got the right people?
