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Posted on 3/18/25 at 1:54 pm to Bjorn Cyborg
Mathews v. Diaz (1976). SCOTUS confirmed that executive and legislative branches’ dominance in alien-related matters—national security or otherwise. Deporting criminal alien gang members under the Alien Enemies Act, as Trump’s administration is doing, arguably falls under this ruling. Boasberg’s TRO, by contrast is judicial meddling especially when the executive is acting on a proclaimed security threat.
Posted on 3/18/25 at 1:55 pm to SundayFunday
quote:quote:
and to raise questions of the existence of a "declared war"
How does this work in this context?
I think it's moot as that part of it is specifically to address Ludecke's status as a German national residing in the US during a time when the US was in a declared war against Germany (WW2).
Posted on 3/18/25 at 1:55 pm to TBoy
quote:
which means suspension of your and my individual rights.
I'm not an alien, I'm a citizen
J
Posted on 3/18/25 at 1:56 pm to TrueTiger
quote:
I'm not an alien, I'm a citizen
During wartime, your rights are suspended too.
Posted on 3/18/25 at 1:58 pm to Bard
SFP: 
Posted on 3/18/25 at 1:59 pm to TBoy
quote:
I didn't know we declared war against Venezuela or any other country. Can you cite us to the congressional declaration, please?
1. AUMF passed by congress and still active.
2. Declare Tren de Aragua a terrorist organizations. Trump did this by EO.
3. Follow the Alien Enemies Act.
4. Under the Alien Enemies Act meet one of three criteria.
5. Predatory Incursion met.
6. Arrest and deport Tren de Aragua
Posted on 3/18/25 at 2:02 pm to TBoy
quote:
During wartime, your rights are suspended too.
No shite.
You can be drafted and shipped off to a battlefield.
If your choice is between existing or suspending rights, you choose existing. It's been that way for 10,000 years.
Posted on 3/18/25 at 2:05 pm to Bjorn Cyborg
quote:
I don't think there are specific laws saying who the president can declare as a terrorist.
Pretty sure they are using the AUMF here.
The president can't just declare people terrorists. He has to be given that authority by Congress via statute and his declarations are limited by the four corners of this statute.
quote:
that they will claim that Venezuela intentionally sent these gang members to the United States with ill intent, making them "enemy combatants"
That may make things more complicated as we've never declared a war on Venezuela and it removes it from the general terror based applications of AUMF
I'm pretty sure we have not declared Venezuela a state sponsor of terror
Posted on 3/18/25 at 2:09 pm to jbdawgs03
quote:
Leftists and bots ITT defending members of a terrorist organization. Pathetic.
They don’t look at it that way but they also wouldn’t bat an eye if the country burned to the ground while they took their time arguing the finer points of things and letting it drag through the system for weeks, months and years.
Sometimes, you have to act upon a situation to take care of it as quickly as you can. That’s what DJT did in this case and there are American citizens right now who can walk in their neighborhoods a little more safely because he did.
Posted on 3/18/25 at 2:11 pm to SlowFlowPro
quote:quote:Legitimate question
Does the GWOT count?
Maybe?
quote:
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.
SCOTUS has given previous Presidents wide latitude under the Alien Enemies Act. I could see a path for declaring that a transnational criminal gang like TdA could be considered its own "government" for the purposes of the Act. But I'm not a SCOTUS Justice, so take that for what it's worth.
quote:
Are these people "alien enemies"?
I would consider them that, yes. They are not legal residents of the US (alien) and are designated as a Foreign Terrorist Organization (enemies).
Posted on 3/18/25 at 2:12 pm to Bjorn Cyborg
No I know exactly where I’m at and who I was talking about.
Posted on 3/18/25 at 2:13 pm to Bard
Despite the legal stuff this fight with the judicial branch is a massive political win for the Trump administration.
Trump protecting our children.
Democrats and activists judges, siding with criminal raping gangs.
Trump protecting our children.
Democrats and activists judges, siding with criminal raping gangs.
Posted on 3/18/25 at 2:13 pm to Bard
Posted on 3/18/25 at 2:16 pm to Bard
quote:
SCOTUS has given previous Presidents wide latitude under the Alien Enemies Act. I could see a path for declaring that a transnational criminal gang like TdA could be considered its own "government" for the purposes of the Act
Always theoretically possible, but that would be quite a Stretch Armstrong exercise.
quote:
They are not legal residents of the US (alien) and are designated as a Foreign Terrorist Organization (enemies).
Again, the designation is the big part.
Has the Alien and Enemies Act ever been invoked for people not subject to a state that the US specifically declared war against?
Has it ever been attempted to be combined with the AUMF in order to achieve the "declared war" requirement?
I'm sincerely asking. I don't think it has.
Posted on 3/18/25 at 2:21 pm to VoxDawg
Well, Stephen Miller basically answers all the questions that have been posed in this thread.
It looks like they have their bases covered.
It looks like they have their bases covered.
Posted on 3/18/25 at 2:21 pm to Bard
I don’t think we even need this act or this case to kick out criminals who are here illegally.
But since we are discussing this case, the obvious argument against its application here is that there is no officially declared war.
But since we are discussing this case, the obvious argument against its application here is that there is no officially declared war.
Posted on 3/18/25 at 2:24 pm to SlowFlowPro
Since they were declared alien enemies by the President one would expect that status to be confirmed
Posted on 3/18/25 at 2:25 pm to SlowFlowPro
quote:
gain, the designation is the big part.
Has the Alien and Enemies Act ever been invoked for people not subject to a state that the US specifically declared war against?
Has it ever been attempted to be combined with the AUMF in order to achieve the "declared war" requirement?
I'm sincerely asking. I don't think it has.
I have heard Trump refer to it as a invasion. Would defining it as an invasion basically be the same thing as war. Not sure on the angle here.
Posted on 3/18/25 at 2:27 pm to geauxpurple
quote:
Whenever there is a declared war between the United States and any foreign nation or government, OR any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.
The word "or" can be a bitch sometimes.
And as I stated earlier, and Stephen Miller just said in the above clip, they are going to claim the TDA gang was SENT here by Venezuela. No Act of War required. And this is also not something than is subject to judicial review.
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