Saturday, March 15, 2025

Trump Invokes the Alien Enemy Act's Wartime Authority

The Trump administration Saturday invoked a sweeping wartime authority, which has been used only three times before, to speed up the deportations of migrants affiliated with the Venezuelan gang Tren de Aragua.

The little-known 18th-century law, the Alien Enemies Act of 1798, gives the president tremendous authority to target and remove undocumented immigrants.

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The law is designed to be invoked if the US is at war with another country, or a foreign nation has invaded the US or threatened to do so. For that reason, legal experts have argued it would face an uphill battle in court.

Comments

Doing what Authoritarian Dictators do.

#1 | Posted by Corky at 2025-03-15 07:47 PM


... The law is designed to be invoked if the US is at war with another country, or a foreign nation has invaded the US or threatened to do so. For that reason, legal experts have argued it would face an uphill battle in court. ...

The Alien Enemies Act, Explained (October 2024)
www.brennancenter.org

... What is the Alien Enemies Act?

The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be " and has been " wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States. It is an overbroad authority that may violate constitutional rights in wartime and is subject to abuse in peacetime.

Has the Alien Enemies Act been used in the past?

The Alien Enemies Act has been invoked three times, each time during a major conflict: the War of 1812, World War I, and World War II. In World Wars I and II, the law was a key authority behind detentions, expulsions, and restrictions targeting German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry. The law is best known for its role in Japanese internment, a shameful part of U.S. history for which Congress, presidents, and the courts have apologized.

Under what conditions can the president invoke the Alien Enemies Act?

The president may invoke the Alien Enemies Act in times of "declared war" or when a foreign government threatens or undertakes an "invasion" or "predatory incursion" against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks " an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway. ...


#2 | Posted by LampLighter at 2025-03-15 07:54 PM

Dude's getting Stupider by the day. He's in full dictator mode.

Somebody needs to water the tree of liberty. PRONTO.

Who will rid of this? We need volunteers.

#3 | Posted by Effeteposer at 2025-03-15 08:36 PM

@#3 ... Dude's getting Stupider by the day. He's in full dictator mode. ...

Is that the latest talking point your current alias has been issued?


#4 | Posted by LampLighter at 2025-03-15 09:10 PM

"Judge blocks Trump from using 18th-century wartime act for deportations

Hours later, a federal judge temporarily blocked Trump's administration from using the act to carry out its intended deportations of the Venezuelans.

US district judge James Boasberg of the federal district court in Washington DC agreed on Saturday to issue temporary restraining order that prevents the Venezuelans' deportation for 14 days."

www.theguardian.com

Judges getting a bit quicker to respond to this idiocy.

#5 | Posted by Corky at 2025-03-15 10:32 PM

@#5 ... Judges getting a bit quicker to respond to this idiocy. ...

Yeah, that seems to be the case.

But I have to ask ...


If the Judicial branch says that what Pres Trump is doing is illegal and tells him to stop.

If he does not stop ...

Then what?

Pres Trump controls the law-enforcement part of the government.

So, if he decides not to enforce a Court Order, then what?



#6 | Posted by LampLighter at 2025-03-15 11:02 PM

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