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re: A Judge Has Ruled That Deporting Illegals is Unconstitutional. Lawyers, Explain the Logic

Posted on 5/2/25 at 5:30 pm to
Posted by Hognutz
Member since Sep 2018
2624 posts
Posted on 5/2/25 at 5:30 pm to
There are remedies....
Posted by lake chuck fan
Vinton
Member since Aug 2011
21538 posts
Posted on 5/2/25 at 5:30 pm to
quote:

Who gives a shite whether they’re a “legal citizen”. We have an illegal government. It would take 10 minutes to declare it all null and void. Gtfo go home you’re not welcome here any longer. I’m dead serious that’s what has to happen otherwise it’ll never be good enough


Huh????
Posted by Macavity92
Member since Dec 2004
6330 posts
Posted on 5/2/25 at 5:55 pm to
1. The judge did not rule that deporting illegals is unconstitutional. The judge ruled that Trump could not use the AEA to deport them, which presumably would require the more onerous use of immigration law, hearings, etc.

2. This is a district court. There will be appeals. Hopefully, the government laid a sufficient evidentiary foundation to allow the court of appeals and Supreme Court to rule in their favor.
Posted by chalmetteowl
Chalmette
Member since Jan 2008
53803 posts
Posted on 5/2/25 at 5:58 pm to
quote:

So a judge decides whether we are at war or not now?


You can’t tout Trump’s record of peace and then claim we’re at war… cant have it both ways
Posted by dukkbill
Member since Aug 2012
1041 posts
Posted on 5/2/25 at 6:25 pm to
quote:

Let's all be honest here. If a person is a legal citizen, how long do you think it would take to determine this?


How long should it take or does it take? If they are a citizen, its likely quick. They either have id or in almost all cases, quickly get a public record to confirm. If they allege they are a citizen, then there isn't a summary disposition by the ICE officer, they go through the EIOR process

The Master Calendar hearing for detainees is running months, and they are priortized over those that have just received notices to appear. If they are released, it can take years to calendar

If the IJ issues an order, then they get to make a board of appeals (BOA) appeal, and the person gets thirty days to decide whether to file the appeal. I don't know how long that takes to calendar

If the BOA appeal fails, they can tgen appeal to a circuit court. In the BOA appeal there is an automatic stay. In the latter there is not an automatic stay, but it could be granted

Thus, unless there is a change in procedure or an increase in resource, the EOIR process takes a long time.

If there is already and order to remove, then you don't have that timeline, but the claim of citizenship wouldn't apply. On the Home Depot roundup actions, then the big EOIR process applies. As best as I can follow the discussion, the discussion is related tontgd most recent order from the Pomona home depot raids where the litigants weren't already subject to a removal order

I think the administration is cognizant of this issue. ICE is asking the detainees to agree to their illegal status and self-deport. If they don't the above process would apply, and it gets both more resource intensive ( and stickier AEA ) if the detainee alleges they are a citizen

Posted by wdhalgren
Member since May 2013
4629 posts
Posted on 5/2/25 at 6:49 pm to
quote:

I don't necessarily disagree. But one important question to legal side of this particular case, as it moves, is: What did Congress intend the purpose of the public Proclamation to be in order to invoke the Act. Was it intended as a limitation on President's power? Letting Congress, for instance, know the specifics so it can decide if it wants to take action? Or something else?


My interpretation is that the President's proclamation identifies, at his discretion, the class of alien enemies who are subject to being detained or deported.

From text of the AEA

quote:

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


From USSC (Ludecke)

quote:

The power with which Congress vested the President had to be executed by him through others. He provided for the removal of such enemy aliens as were "deemed by the Attorney General" to be dangerous. But such a finding at the President's behest was likewise not to be subjected to the scrutiny of courts.
This post was edited on 5/2/25 at 7:00 pm
Posted by loogaroo
Welsh
Member since Dec 2005
39766 posts
Posted on 5/2/25 at 7:48 pm to
quote:

You can’t tout Trump’s record of peace and then claim we’re at war… cant have it both ways


Why not?

Biden did this, not Trump.
This post was edited on 5/2/25 at 7:51 pm
Posted by Indefatigable
Member since Jan 2019
35783 posts
Posted on 5/2/25 at 7:49 pm to
quote:

A Judge Has Ruled That Deporting Illegals is Unconstitutional

Under the AEA, not generally.

Stupid ruling, but it was also stupid to invoke the AEA to begin with. They didn’t need it. Just another seemingly purposeful action designed to pick a fight with the courts instead of accomplishing goals pragmatically.
This post was edited on 5/2/25 at 7:51 pm
Posted by Geauxgurt
Member since Sep 2013
13300 posts
Posted on 5/2/25 at 8:20 pm to
It’s not that complex. Their use of an ancient act does not permit overriding due process and simply shipping people out.

The judges order does not prevent deportations. It prevents deportations without respecting due process.

But you want to support destroying the entire principles of due process to let Trump score some points deporting people.

I don’t think people as a whole are against deportations of illegal alien criminals, but want it don’t right.
Posted by David_DJS
Member since Aug 2005
21874 posts
Posted on 5/3/25 at 1:01 pm to
quote:

This is actually the opposite.

This is ensuring the admin/fedgov doesn't go outside its legal authority, which was a failure during Covid

Keep telling yourself that but it's myopic - most don't see it being about government and its legal authority. Most see it about control - do we the people control gov't, or are we slaves to our government master. We voted for mass deportations and are struggling to get the first 100K of 20 million out of the country, and its a politicized judiciary standing in the way. That's all 75% of everybody will see.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466946 posts
Posted on 5/3/25 at 1:18 pm to
quote:

most don't see it being about government

Well that's their problem ignoring reality. Not my problem explaining it.

quote:

We voted for mass deportations and are struggling to get the first 100K of 20 million out of the country,

2 things about that

1. Read Federalist 10 to understand why we created our government to specifically neuter mob-like behavior like that. We are intentionally not a pure democracy and there are limits on action, even if 100% of the population supports it.

2. The Trump admin fricked this up by being too aggressive and following dumb advice. It's been a constant with his admin since 2017.

quote:

and its a politicized judiciary standing in the way.

Largely a talking point to get more authority than the limits referenced in #1 above, and to hide the idiocy and impotency referenced in #2 above

quote:

That's all 75% of everybody will see.

if our country is 75% mindless NPC then we're doomed
Posted by Geauxgurt
Member since Sep 2013
13300 posts
Posted on 5/3/25 at 2:05 pm to
SFP, they don’t want to actually listen to logic and common sense. These same geniuses were screaming at the top of their lungs about the constitution and rights and following due process with the J6 morons, but all of a sudden everything they criticized the government for under the last guy is perfectly okay for their guy.

I hate both sides of this shitfest and one side ignoring due process does not justify the other side doing so.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
466946 posts
Posted on 5/3/25 at 2:09 pm to
quote:

SFP, they don’t want to actually listen to logic and common sense. These same geniuses were screaming at the top of their lungs about the constitution and rights and following due process with the J6 morons, but all of a sudden everything they criticized the government for under the last guy is perfectly okay for their guy.


Even scarier, many of them truly believe the lies that the J6 defendants weren't given due process.

quote:

I hate both sides of this shitfest and one side ignoring due process does not justify the other side doing so.

Well the people who created the NPC talking points were smart to pollute the NPC mindset to think the J6 people were denied due process.

When people are so easily influenced they leave reality entirely, and willingly become an avatar for outright lies, then anything becomes possible and that's scary.
Posted by David_DJS
Member since Aug 2005
21874 posts
Posted on 5/3/25 at 3:02 pm to
quote:

Well that's their problem ignoring reality. Not my problem explaining it.

If only everybody listened to you!

quote:

if our country is 75% mindless NPC then we're doomed

It's like you don't live in the real world.
Posted by lionward2014
New Orleans
Member since Jul 2015
13523 posts
Posted on 5/3/25 at 3:39 pm to
quote:

Need congress to act and pass a bill that defines due process for deporting illegals as only requiring an administrative finding of fact that the person is in the country illegally.


Genuinely curious what you think the process is now because that is the process.
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