Trump-Appointed Judge Rules Against Trump's Use Of Alien Enemies Act

[Voluntarist]

Judge rules Trump use of Alien Enemies Act for gangs is ‘unlawful’​

A federal district judge ruled Thursday that the Alien Enemies Act (AEA) does not permit President Trump to swiftly deport alleged Venezuelan gang members to a prison in El Salvador, extending a block on the law being used against migrants detained in South Texas.

U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, said the rarely used law can only be invoked when an “organized, armed force” is entering the United States, rejecting the president’s claims that he can use it against alleged members of the Venezuelan gang Tren de Aragua (TdA).

The ruling from Rodriguez offered a historical deep dive into the rarely used statute — used just three times prior in U.S. history, and all during times of war — while parsing terms central to igniting the power.

Rodriguez determined Trump’s efforts to use the law to deport alleged gang members strayed from the strict war powers, writing that Trump’s invocation “exceeds the scope of the statute and, as a result, is unlawful.”

“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation. Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA,” he wrote.

“While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a ‘predatory incursion.’”

Order and Opinion here

 

[CCTelander]

.

Well would you look at that. A well researched, thoughtful and definitely well reasoned take on the situation. And PERFECTLY ALIGNED with what both Madison and Jefferson had to say on the issue.

So naturally the usual suspects will be along presently to denounce this as “leftist propaganda” and denounce Rodriguez as a “leftist activist judge.” So predictable you could set your watch by it.

Let the screeching begin!

 

[TheTexan]

Leftist propaganda from an activist judge. SAD!

 

[CCTelander]

Leftist propaganda from an activist judge. SAD!

.

You know, I’m never sure when you’re being sarxastic anymore. Either way, funny as hell.

 

[Swordsmyth]

This ruling is garbage by a Federalist Society (Bush Faction) judge whose only concern is aiding the invasion by his co-ethnics.

 

[Brian4Liberty]

Trump-Appointed Judge BLOCKS Administration From Invoking Alien Enemies Act in Deportations​

 

[unknown]

Does this mean people can't be deported or that they can't be deported to a life sentence?

 

[Swordsmyth]

Trump-Appointed Judge BLOCKS Administration From Invoking Alien Enemies Act in Deportations​

District court judges block everything he does no matter how he does it.

They will be overruled.

 

[acptulsa]

They will be overruled.

I went into a coffee shop and tried to pay with your predictions. I told them they could take it all to the bank.

They not only made me pay cash, they charged me extra.

 

[Brian4Liberty]

 

[spudea]

So now judges decide when there is an invasion or not? If the judge was being honest with the historical record, plenary presidential war powers against foreign adversaries are unreviewable by the courts. TDA has been designated a terrorist organization, so now let's watch and see a class action lawsuit by TDA to get the court to overrule the terrorist designation.

 

[PAF]

So now judges decide when there is an invasion or not? If the judge was being honest with the historical record, plenary presidential war powers against foreign adversaries are unreviewable by the courts. TDA has been designated a terrorist organization, so now let's watch and see a class action lawsuit by TDA to get the court to overrule the terrorist designation.

I don't take the word of any politician at face value - in fact, they all lie as soon as their lips start to move. Trump is "leader" of the Dark MAGA Technate which makes it even worse.

Congress did not issue a Declaration of War.

They are not "invaders", not when they have been given tax payer incentives and transportation to come here. It was an invite.

Take it up with the politicians in the congress and the senate who passed the bills which allowed it happen - on your tax dime.

And if you were the least bit aware, concerning the Dark MAGA Technates, it was Elon Musk who pledged [before he took the job at DOGE] that the Constitution Must be Destroyed and replaced with a Techno-Monarchy in order to advance the "efficiency" agenda.

 

[nikcers]

I don't take the word of any politician at face value - in fact, they all lie as soon as their lips start to move. Trump is "leader" of the Dark MAGA Technate which makes it even worse.

Congress did not issue a Declaration of War.

They are not "invaders", not when they have been given tax payer incentives and transportation to come here. It was an invite.

Take it up with the politicians in the congress and the senate who passed the bills which allowed it happen - on your tax dime.

And if you were the least bit aware, concerning the Dark MAGA Technates, it was Elon Musk who said [before he took the job at DOGE] that the Constitution Must Die in order to advance the "efficiency" agenda.

Yeah it's still an invasion if someone pays you to do it.

If I pay someone to rape you it's still rape.

 

[PAF]

Yeah it's still an invasion if someone pays you to do it.

If I pay someone to rape you it's still rape.

There are what we call "checks and balances" and "due process". Don't forget to re-read the part that you didn't respond to:

And if you were the least bit aware, concerning the Dark MAGA Technates, it was Elon Musk who pledged [before he took the job at DOGE] that the Constitution Must be Destroyed and replaced with a Techno-Monarchy in order to advance the "efficiency" agenda.

Musk is pledged to ‘Dark MAGA,’ AKA Dark Enlightenment, which pointedly states that Democracy and the Constitutional Republic must be destroyed and replaced with a techno-monarchy.

 

[nikcers]

There are what we call "checks and balances" and "due process". Don't forget to re-read the part that you didn't respond to:

Ron Paul used to call it the deep state.

You know- the people that remain in government no matter who wins the election and the policy doesnt change because it can't because they dont let it change.

 

[PAF]

Ron Paul used to call it the deep state.

You know- the people that remain in government no matter who wins the election and the policy doesnt change because it can't because they dont let it change.

Trump made the deep state even deeper.

Musk is pledged to ‘Dark MAGA,’ AKA Dark Enlightenment, which pointedly states that Democracy and the Constitutional Republic must be destroyed and replaced with a techno-monarchy.