Judge Boasberg Allows Tren de Aragua Migrants to Appeal ‘Alien Enemies’ Deportations

[Madison320]

In our jurisdiction, but not subject to it.
We may forcibly subject them to it, but if we are not charging them for illegal entry or some other crime they commit while here and are merely ejecting them.

And ejecting them is not depriving them of life, liberty, or property, so even if you interpret them as subject to our jurisdiction it does not trigger the Due Process requirement.

Meanwhile in your very next post you said, "As hostile foreign invaders (whether barbarians or in the service of Venezuela that sent them here and gives a hero's welcome to those we send back there) we could summarily execute them as illegal combatants and terrorists." That kinda seems like depriving them of "life, liberty, or property".

You making it really hard to be taken seriously.

 

[Swordsmyth]

Meanwhile in your very next post you said, "As hostile foreign invaders (whether barbarians or in the service of Venezuela that sent them here and gives a hero's welcome to those we send back there) we could summarily execute them as illegal combatants and terrorists." That kinda seems like depriving them of "life, liberty, or property".

You making it really hard to be taken seriously.

Most just get deported.
The others are POWs and still not entitled to Due Process, especially since they are illegal combatants and terrorists in an undeclared war.
They're lucky they don't get a shallow grave or burial at sea.

 

[asurfaholic]

The initial guy getting the most publicity, wasn't charged with any crimes prior to the deportation process.

Everything else you said sounds like a mindless establishment mantra: WMDs/fighting for your freedoms.

https://edition.cnn.com/2025/03/24/us/mahmoud-khalil-green-card-trump-administration/index.html

"Khalil failed to state on his green card application he had previously worked for the Syria office of the British Embassy in Beirut and was a member of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, or UNRWA, the government says, the latter a focus of intense criticism from American and Israeli politicians who accuse it of antisemitism."

He also failed to mention in his visa application he planned to come here and stir up protests targeting Jews. His time here was a privilege based on getting an education in a US college, not stirring the pot.

There is no constitutional issue here- he is here as a guest and he failed to act like one. This American does not give 2 shits about his “rights.” He can go protest Israel where he came from.

It’s literally no different than inviting a guest to your house for dinner and then kicking them out when they get drunk and start picking fights with your family and guests. Sure they were invited. Maybe you even served the drinks. But you didn’t give them license to act like a fool, and a responsible person would be wise to remove them before they become a bigger problem.

 

[Swordsmyth]

He also failed to mention in his visa application he planned to come here and stir up protests targeting Jews. His time here was a privilege based on getting an education in a US college, not stirring the pot.

There is no constitutional issue here- he is here as a guest and he failed to act like one. This American does not give 2 shits about his “rights.” He can go protest Israel where he came from.

It’s literally no different than inviting a guest to your house for dinner and then kicking them out when they get drunk and start picking fights with your family and guests. Sure they were invited. Maybe you even served the drinks. But you didn’t give them license to act like a fool, and a responsible person would be wise to remove them before they become a bigger problem.

And it doesn't make any difference if you think he's on the right side of the fight he started, especially if he's destroying your furniture.

 

[jmdrake]

Judge Boasberg Allows Tren de Aragua Migrants to Appeal ‘Alien Enemies’ Deportations​

24 Mar 2025

Tren de Aragua migrants must be allowed to appeal their deportations ordered under the 1798 Alien Enemies Act, Judge James Boasberg ruled Monday.

The ruling is likely to be appealed — in part, because President Donald Trump’s deputies say the judiciary has no role when the President invokes the 1798 act to deport aliens amid an invasion or a “predatory incursion” of the United States.

“This is unconstitutional,” responded Stephen Miller, the President’s deputy chief of staff.

The judge’s decision did not challenge the 1798 law itself but argued that migrants can claim they are not covered by the president’s application of the Alien Enemies Act to Venezuelan members of the Tren de Aragua criminal gang:

Trump is doing in the name of fighting narco terrorists what Dubya did in the name of fighting Islamic Terrorists which is skirting due processes and putting innocent people in torture camps. For example, this Venezuelan migrant WITH AN AUTISM TATTOO was shipped off to El Salvador.



And the sad thing about all of this is that Venezuela has a migration problem because Trump has carried on the Bush / Obama / Biden policy of economic warfare against Venezuela. I've got no problem with deporting all Venezuelan migrants to Venezuela and sending the ones you can verify are violent criminals to El Salvador. But there should be due process to sort out the difference between those who are violent criminals and those who are not.

 

[Brian4Liberty]

 

[Anti Federalist]

But there should be due process to sort out the difference between those who are violent criminals and those who are not.

There never will be. Which is why the enemies of this nation used 5th Gen demographic warfare as the weapon to destroy us.

The courts will stop the deportations, SCOTUS will concur and demand that every one of the 20 million or more invaders be given due process, that will bog the system down long enough for the Marxists to regain power in 2026 and grant blanket amnesty.

 

[Swordsmyth]

Trump is doing in the name of fighting narco terrorists what Dubya did in the name of fighting Islamic Terrorists which is skirting due processes and putting innocent people in torture camps. For example, this Venezuelan migrant WITH AN AUTISM TATTOO was shipped off to El Salvador.



And the sad thing about all of this is that Venezuela has a migration problem because Trump has carried on the Bush / Obama / Biden policy of economic warfare against Venezuela. I've got no problem with deporting all Venezuelan migrants to Venezuela and sending the ones you can verify are violent criminals to El Salvador. But there should be due process to sort out the difference between those who are violent criminals and those who are not.

Take your leftist bleeding heart propaganda and jump in a lake with it.
Being autistic is no evidence of being innocent or harmless.

Anyone invading our territory is lucky not to get a shallow grave as their prize.

Venezuela is an evil commie dictatorship that needs to fall, and they are sending their worst here to overthrow us in cahoots with the left.

 

[jmdrake]

There never will be. Which is why the enemies of this nation used 5th Gen demographic warfare as the weapon to destroy us.

The courts will stop the deportations, SCOTUS will concur and demand that every one of the 20 million or more invaders be given due process, that will bog the system down long enough for the Marxists to regain power in 2026 and grant blanket amnesty.

It's a bizarre world when one of the most conservative judges in U.S. history is the one to quote against an insane but popular policy of a Republican president.

Here is the case:

Reno v. Flores, 507 U.S. 292 (1993)

Reno v. Flores: Immigration and Naturalization Service regulation—which provides that alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian, or other related adult—accords with both Due Process Clause and Immigration and Nationality Act.

supreme.justia.com

Reno v. Flores, 507 U.S. 292 (1993)​

We turn now from the claim that the INS cannot deprive respondents of their asserted liberty interest at all, to the "procedural due process" claim that the Service cannot do so on the basis of the procedures it provides. It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. See The Japanese Immigrant Case, 189 U. S. 86,100-101 (1903).

But Constitution be damned right?

 

[Swordsmyth]

It's a bizarre world when one of the most conservative judges in U.S. history is the one to quote against an insane but popular policy of a Republican president.

Here is the case:

Reno v. Flores, 507 U.S. 292 (1993)

Reno v. Flores: Immigration and Naturalization Service regulation—which provides that alien juveniles detained on suspicion of being deportable may be released only to a parent, legal guardian, or other related adult—accords with both Due Process Clause and Immigration and Nationality Act.

supreme.justia.com

Reno v. Flores, 507 U.S. 292 (1993)​

We turn now from the claim that the INS cannot deprive respondents of their asserted liberty interest at all, to the "procedural due process" claim that the Service cannot do so on the basis of the procedures it provides. It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings. See The Japanese Immigrant Case, 189 U. S. 86,100-101 (1903).

But Constitution be damned right?

Bunk.
Bad ruling and unconstitutional.

 

[jmdrake]

Sa

Bunk.
Bad ruling and unconstitutional.

Bunk.
Bad ruling and unconstitutional.

Coming from YOU I know it's a great ruling and 100% constitutional. Basically take anything you say, flip it on its head, and that's most likely the truth.

 

[Swordsmyth]

Sa


Coming from YOU I know it's a great ruling and 100% constitutional. Basically take anything you say, flip it on its head, and that's most likely the truth.

That's what everyone sane does with you.

You can't argue with the facts and logic in this debate so you resorted to "case law" and an appeal to authority.

 

[jmdrake]

There never will be. Which is why the enemies of this nation used 5th Gen demographic warfare as the weapon to destroy us.

The courts will stop the deportations, SCOTUS will concur and demand that every one of the 20 million or more invaders be given due process, that will bog the system down long enough for the Marxists to regain power in 2026 and grant blanket amnesty.

One more thing. Do you realize that you are sounding 100% like the neocons in 2002? "We must destroy the constitution in order to save America from invaders." At least the "invaders" had killed 3,000 Americans in one day. (and yeah I'm aware of the conspiracy theories). Going along with gutting the constitution in the name fighting threats real or imagined always results in a loss of freedom for everybody else. And remember Ron Paul talking about "blowback" from U.S. foreign policy? Trump is STILL supporting the same regime change policy in Venezuela that's causing the problem. But you can't see that for some odd reason.

 

[Swordsmyth]

One more thing. Do you realize that you are sounding 100% like the neocons in 2002? "We must destroy the constitution in order to save America from invaders." At least the "invaders" had killed 3,000 Americans in one day. (and yeah I'm aware of the conspiracy theories). Going along with gutting the constitution in the name fighting threats real or imagined always results in a loss of freedom for everybody else. And remember Ron Paul talking about "blowback" from U.S. foreign policy? Trump is STILL supporting the same regime change policy in Venezuela that's causing the problem. But you can't see that for some odd reason.

You are the one gutting the Constitution and giving aid and comfort to enemies.
You are trying to destroy the country and any hope for liberty just to virtue signal.

 

[Invisible Man]

You said that the bill of rights was the reason why the president can't deport people who aren't naturalized citizens using presidential war powers.

Since there is nothing in the bill of rights that puts limits on a president's war powers to deport people that makes it legal.

These sorts of judicial interpretations of the law is why people hated roe v wade

1. Has Congress declared war?
2. Since when do "war powers" make the limits that the Bill of Rights set on the President cease to apply?

 

[nikcers]

1. Has Congress declared war?
2. Since when do "war powers" make the limits that the Bill of Rights set on the President cease to apply?

Technically the president is an office with multiple titles and roles. They operate the executive branch of our government and command our military.

That's why we like to hire someone who has military experience and criticize them when they don't have it.

War powers grant war authority to the military that is extrajudicial in nature. For example there is no trial granted to our enemies in war when they are killed. The military's power comes from the president which comes from the people.

This is the power "we the people" give the military from article 2 of our constitution.

The constitution grants the power of the congress to authorize funds for our military defense and separately order our president to go to war.

This seperate authority isn't to hamstring the president it's merely an extra authority to balance the power.

If the president doesn't want to go to war the Congress can technically order them to. They can remove the president if he refuses orders.

The congress passed a law that technically tries to order the president to use the military to defend our country whenever its necessary but that's just basically political cover because otherwise they could be blamed for inaction resulting in an attack on our homeland.

The president's primary duty as Commander in Chief is to repel attacks against the United States and needs no permission from a judge to do it. The permission is from us when we hire him.

This is based on the context that he is elected by the 50 states. The Office of the president is an elected representative that we all vote for.

 

[Cleaner44]

In the same interview he appears to be saying that executive impoundment is unconstitutional and also says he can't get enough Republicans to vote for a rescission package. It's official, Rand Paul has failed. 14+ years in office and he can't convince his own party to cut spending. His election has made practically zero impact.

While the Democrat party is 99% corrupt, the Republican party is still only 90% corrupt. I appreciate Rand doing what he can but the money laundering operation is wide and deep. In many ways Rand Paul has failed, but he is still a valuable example of where the party should be going.

We libertarians are still and always will be a minority. I think we just have to keep pulling the GOP away from NEOCONs and toward libertarian ideals. Keep stacking little wins. Personally I am hoping we see the ATF get abolished soon.

 

[Brian4Liberty]

 

[Brian4Liberty]

Related:



"Not nearly enough credit is given to the true architect of the chaos and lawfare that has been unleashed on the American populace.

Norm Eisen, a former Obama ethics czar, legal strategist, and co-founder of Citizens for Responsibility and Ethics in Washington (CREW) is the architect of the lawfare waged against anyone the democrats deem to be a threat, their number one target of course being Donald Trump.

Eisen’s blueprint for “legal resistance” was outlined in meticulous detail in a 180-page report titled “The Democracy Playbook: Preventing and Reversing Democratic Backsliding”, published by the Brookings Institution. It combined legal theory, political warfare, and institutional capture into a step-by-step guide for undermining Trump’s presidency through lawsuits, congressional investigations, and bureaucratic resistance.

Eisen’s lawfare approach hinges on a few key pillars:

Sue Relentlessly: Encourage civil rights organizations, state attorneys general, and advocacy groups to challenge every executive action—flood the courts, no matter how long the case takes.

Forum Shopping: File lawsuits in favorable jurisdictions with sympathetic judges (e.g., 9th Circuit or D.C. District Courts) to secure preliminary injunctions that can stall enforcement nationwide.

Weaponize State Power: Use Democrat-led states and cities as “legal resistance hubs” to pass counter-legislation and initiate legal action against federal agencies.

Leverage Bureaucrats: Eisen advocated empowering sympathetic bureaucrats within agencies to resist, leak, delay, and help coordinate legal challenges from the inside.

Narrative Warfare: Combine legal action with coordinated media campaigns, think tank reports, and NGO statements to delegitimize federal policy in the public eye.

Through his work at CREW and Brookings, Eisen built an ecosystem of litigation, influence, and messaging. His network overlapped with other powerful Democratic legal players—most notably Marc Elias, the election lawyer behind much of the left’s redistricting and voting access litigation.

All the NGO’s suing Trump use Eisen’s strategy—suing early and often, shopping for friendly judges, and building a media narrative that frames everything as racist, unconstitutional, or authoritarian.

His playbook, now embraced across the Democratic ecosystem, reshaped how political battles are fought. It elevated civil litigation into a tool of partisan warfare, turning the judiciary into a quasi-legislative body and undermining democratic separation of powers.

So in case you’re wondering why everything that you’re seeing is so coordinated, it’s because it is."

 

[Swordsmyth]

1. Has Congress declared war?
2. Since when do "war powers" make the limits that the Bill of Rights set on the President cease to apply?

A war exists as soon as an enemy invades, especially when it's an organized group with state backing.
Trump would only need a Congressional declaration to pursue the enemy beyond out territory, if then.

Article 1, Section 9​

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.


And invaders don't get BoR rights anyway.