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re: Megyn Kelly — Alien Enemies Act is not subject to judicial review.

Posted on 3/21/25 at 9:47 am to
Posted by UncleFestersLegs
Member since Nov 2010
16329 posts
Posted on 3/21/25 at 9:47 am to
quote:

And she knows this, but she's making that money.
Meanwhile you simp here 24/7 for free
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465347 posts
Posted on 3/21/25 at 9:48 am to
quote:

He said they met all three criteria.

Yes that is their argument. That doesn't necessarily make it so
Posted by riccoar
Arkansas
Member since Mar 2006
4614 posts
Posted on 3/21/25 at 9:50 am to
So Trump declares war on Illegal Immigration and that covers that.

Hoping you are not naive enough to believe these Judges opposing and blocking him are doing it for lawfare sake.
Posted by loogaroo
Welsh
Member since Dec 2005
39442 posts
Posted on 3/21/25 at 9:51 am to
quote:

Yes that is their argument. That doesn't necessarily make it so


It’s not up for review. Debate over.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465347 posts
Posted on 3/21/25 at 9:51 am to
quote:

So Trump declares war on Illegal Immigration and that covers that.

1. He has no authority to do that. Congress would have to pass that authorization prior, unless he wants to tie immigration into the AUMF, which I don't think anyone sincerely thinks would be valid (or good).

2. He went a different path

Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465347 posts
Posted on 3/21/25 at 9:52 am to
quote:

It’s not up for review.



Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 3/21/25 at 9:53 am to
quote:

Miller covered all that. He said they met all three criteria.

He also said that they only had to meet one.



I heard it too. Then I read it in the Alien Enemies Act. Then we have the AUMF which provides congressional authority to the Executive to determine who is and who is not a terrorists, domestic or otherwise.

Judge Boesberg is in a pickle. And I really don't understand his motivation at this point concerning the TRO. TDA is already in an El Salvadorian prison. They are not coming back despite his daughter's need for clients paid by the U.S. tax payer.
Posted by loogaroo
Welsh
Member since Dec 2005
39442 posts
Posted on 3/21/25 at 9:53 am to
quote:

So Trump declares war on Illegal Immigration and that covers that.


Obama declared war. Unbeknownst to most, it hasn’t been revoked.
Posted by texag7
College Station
Member since Apr 2014
40544 posts
Posted on 3/21/25 at 9:54 am to
quote:

And I really don't understand his motivation at this point


Trump Derangement Syndrome
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 3/21/25 at 9:54 am to
quote:

quote:

So Trump declares war on Illegal Immigration and that covers that.



Obama declared war. Unbeknownst to most, it hasn’t been revoked.


The Executive needs congress to declare war. Trump has that in the AUMF.
Posted by loogaroo
Welsh
Member since Dec 2005
39442 posts
Posted on 3/21/25 at 9:59 am to
quote:

The Executive needs congress to declare war. Trump has that in the AUMF.


Without too much detail…I thought it was declared by congress under Bush in 2001 then Obama declared it over but never really ended it.
Posted by GumboPot
Member since Mar 2009
138911 posts
Posted on 3/21/25 at 10:03 am to
quote:

I thought it was declared by congress under Bush in 2001 then Obama declared it over but never really ended it.


No, still active today.

I asked Grok about it and it said Obama utilized the AUMF 21 times.
This post was edited on 3/21/25 at 10:04 am
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5902 posts
Posted on 3/21/25 at 10:17 am to
Not Justiciable
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
36291 posts
Posted on 3/21/25 at 10:43 am to
quote:

1. He has no authority to do that. Congress would have to pass that authorization prior, unless he wants to tie immigration into the AUMF, which I don't think anyone sincerely thinks would be valid (or good).

2. He went a different path

He doesn't even have to declare war. He just has to declare that TdA was sent as a foreign invasion from Venezuela.
Posted by jawnybnsc
Greer, SC
Member since Dec 2016
5902 posts
Posted on 3/21/25 at 10:44 am to
Imagine being stupid enough to believe that the Commander in Chief needs any authorization whatsoever to repel a foreign invasion.
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78168 posts
Posted on 3/21/25 at 10:50 am to
quote:

The Alien Enemy Act, construed as permitting resort to the courts only to challenge its validity and construction, and to raise questions of the existence of a "declared war" and of alien enemy status, does not violate the Bill of lights of the Federal Constitution.



If the Act is in effect, the removal cannot be challenged.

what can be challenged is whether the Act is in effect.

The act has never been used before outside a declaration of war.

This post was edited on 3/21/25 at 10:51 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465347 posts
Posted on 3/21/25 at 10:51 am to
quote:

He just has to declare that TdA was sent as a foreign invasion from Venezuela.

And analyzing that within the limitations of the statute is where the courts come in.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465347 posts
Posted on 3/21/25 at 10:53 am to
quote:

Imagine being stupid enough to believe that the Commander in Chief needs any authorization whatsoever to repel a foreign invasion.

Imagine thinking the CIC can just declare bankruptcy and has unlimited, uncheckable power domestically and abroad.

Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78168 posts
Posted on 3/21/25 at 10:59 am to
quote:

Imagine being stupid enough to believe that the Commander in Chief needs any authorization whatsoever to repel a foreign invasion.


He absolutely doesn’t.

This act isn’t what gives the president authority to fight off invaders.

If we are invaded or declare war on a nation/government, this act allows the president to pick up every male 14 years or older from a country and do whatever he deems necissary with them.

So it’s about noncombatants.

Because clearly he can have the military go fight an invading army.

But by law, this would allow him to deport legal venezuelan immigrants and permanent alien residents (who are male and over 14) who haven’t obtained citizen ship yet and deport them no questions asked.

that’s why it’s an extreme measure that he is using in a way no one has ever used it.
Posted by Reagan80
Earth
Member since Feb 2023
1817 posts
Posted on 3/21/25 at 11:01 am to
Is a Venezuelan gang member who has been convicted of murder, human trafficking or drug dealing eligible for immigration to the US? If he doesn’t apply for a visa and crosses illegally, is he subject to deportation or is he safe from deportation?
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