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It’s a grim sign of the times that Old Joe Biden’s regime can open the door to millions upon millions of illegal migrants without a peep from the courts, but as soon as President Donald Trump tries to remove them, our self-anointed moral superiors in the judiciary burn the midnight oil to come up with pretexts to stop him. Trump has been trying to use the 1798 Alien Enemies Act as the legal foundation to remove Venezuelan gang members, but several courts, including the Supreme Court, have stymied him. Now, the final showdown has begun in the 5th U.S. Circuit Court of Appeals.
The Alien Enemies Act of 1798 states that “whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
This law has the admirable directness and simplicity that was characteristic of statute-making in an earlier, less complicated age. The extract above continues for a lengthy paragraph, and then the Act goes on for a couple more, but that’s it. If a similar law were drafted in 2025, it would be 700 pages long.
The Alien Enemies Act has been the law of the land for 227 years, even if it has been ignored from time to time. The Trump administration contends that the Act allows today for the deportation of members of the lethal Tren de Aragua gang, which constitutes a “hybrid criminal state.” Trump issued an executive order on March 15 stating that Tren de Aragua was “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.” That certainly seems to be the case. Tren de Aragua members didn’t come into the country hoping to get jobs and become “Maryland dads.” They came here to traffic in drugs and engage in other crimes. If that isn’t a “predatory incursion,” what is?
Predictably, leftist advocacy groups that always side against the best interests of the American people took issue with the administration’s efforts. ACLU attorney Lee Gelernt said of the Alien Enemies Act: “This has been invoked three times only in major, major wars. The government is now suggesting you can invoke it with a gang.” In mid-May, the Supreme Court, with Justices Clarence Thomas and Samuel Alito dissenting, agreed and blocked Trump from invoking the act. The block, however, was only temporary: The high court sent the case back to the 5th Circuit Court of Appeals, and on Monday, the appeals court began to hear arguments.
Gelernt argued before the appeals court Monday that the Alien Enemies Act “was solely about war and serious military conflict at a size where we would respond with our military, and no one’s suggesting that the military has or would respond here.” One of the judges, however, was more interested in procedural and jurisdictional issues, and asked Gelernt: “Can you give me a Supreme Court case where the Supreme Court has said you can, as a federal court, countermand the president of the United States in his determination that we’re in an armed conflict?”
Gelernt responded that he couldn’t come up with a case of that kind, but that the Alien Enemies Act could only be invoked in the middle of a military conflict, and “the government itself is not claiming there’s a military conflict.” In response, Deputy Assistant Attorney General Drew Ensign echoed the questioning judge, stating that the court simply didn’t have the authority to second-guess the president if he determined that invocation of the act was appropriate.
None of this, however, goes to the heart of the controversy. The real issue here is that leftists want illegal migrants, including criminal gang members, to stay in the country. They can be counted on to vote Democrat, and the more crimes they commit, the more people become threatened and start thinking more warmly about the authoritarian government that every leftist dreams of imposing. Patriots want the criminal migrants out. The showdown in the 5th Circuit Court of Appeals has begun.
Let the courts try to enforce their orders. President Trump is already castigated as a dictator, fascist, and every other slur imaginable. He needs to stand up for we, the people. His puny enemies try to take him out every hour of every day and fail. They can’t do shit and we the people support him.
Fuck the Supreme Court and every judge in the country. Except the one I met here in San Jose. He’s a good guy.
But judges as a breed are no good. They tend to think they know better than everybody else and are experts on every subject. Prigs, too.
“But judges as a breed are no good.” The dumb statements never cease.
Crazy me. I think most are likely better people than someone who brags about beating up a homeless person. I’m sure some judges, as is the case with people in all occupations, are bad people. However, most have to put in the effort to get through law school and pass the bar exams.
You don’t think, you just troll. And what do you say to a lawyer with an IQ of 75? “Hello, your honor..”
The Bar Exam is a joke. Any idiot can memorize info or use his/her cell phone to cheat. I could pass it with my eyes closed.
And the only judges you’ve ever met are the ones who put you on the Registered sex offender list.
Newspaper columnist and talk radio host Howie Carr put it best many years ago: “A judge is just a lawyer who knows a politician.”
Thirty-four years as a cop. Retired and several more years as a Bailiff. The smartest and Dumbmest persons I ever met were lawyers. Earning a J.D. proves nothing.
That goes for the Elected circuit judges too. Political favoratism; motion rulings that defy common sense. I could go on and on.
Now we have a USSC justice (I denied her the dignity of capitalization) that cannot define what a woman is? I never made a mistake on an arrest sheet and I never looked into their pants!
If this continues, our country is in trouble.
They are DEI hires that got exam answers Wednesday for Friday exam. Defund the judges or put their heads on Pikes. Enough is enough. They cannot enforce anything so give them the middle finger and gly 70000 of those illegal border crossers.
i guess it comes down to who runs the country , at this stage the courts and the bureaucracy seem to be the frontrunners followed by the democrats who are running the destruction by proxy . i can understand why a small number of americans bother to vote . even with a landslide election for the republicans hasnt made it easier to run the country . not to mention the rinos that facilitate the democrats destroying everything . a one world govt. cant exist with america being head of the pack . america will eventually collapse under its own weight and incompetence .
I think that we also should have taken action against illegal immigration a long time ago. Deporting dangerous gang members would be a lot less problematic.
CW3 is coming, they have shot a BP person and that means ammo up and charge.
The true “leftists” are the 20% males who purposely ignored in their youth. Then various additions were necessary to build the new democrat/socialist party. Factory workers, blacks and the lazy have faded away over time as even they realize that the train must stop. The only votes left are the socially ostracized of even these groups.
These are not enough to win, so cheating by opening the gates to the primitives is the only option left to stay in power. Lawyers have been another example of the useless taking over as the law requires minimal intellectual acuity. Unfortunately the productive people have not paid attention to these developments as they have grown an inch at a time since Teddy Roosevelt.
In the beginning of intellectual rule, Woody Wilson was admiring his mirror. Little has changed. Now we are on the edge of disaster. Europe has led the way, the sheep cower and are then led away by their leaders.
Maybe self reflection on this 4th of July will get us off of the couch.
Somebody please help me out. I was taught in Grade and High School that only US citizens were allowed to vote
in US elections. I read here where illegal aliens are kept here by Democrats to vote in US Federal elections>? Was a
new law passed? If not- why hasn’t our beloved US House and Senate and DOJ and President doing something
about this problem????? And if these illegals are also voting in state elections ditto with state officials??????
Simple-RIGHT????????
There are certainly some, aah, shall I be careful and say, legal human undocumented migrant immigrant worker beings who are in the country illegally who illegally vote. But the main issue is reapportionment after the 2030 census. Illegal legals will boost the population and allow Democrats to gain seats in the House by redrawing those District boundaries. How fast can “gerrymandering” be pronounced? Thus Trump’s frantic attempt to deport as many as possible before 2030.
Maybe I’m not following your thoughts on this-I certainly hope so! But it seems to me you have a
c’est la vie attitude to what’s going on with Illegal migrants. I hope the rest of the country- NO I PRAY
the US vigorously fights against this illegal mess!!!!
.
But…but…but… aren’t we supposed to love the Maryland “DAD?’ Like, welcome him into, like, our homes, like.
You are wrong, The 2020 censes counted everyone, we were NOT allowed to ask about citizenship even it they could not speak English;
This has already screwed up the districts and the movement of illegals into blue districts has already caused blue states to gain representatives.
A census for documented US citizens should be done, who said that illlegal border crossers are provided representation in Congress. The supremes will see that this time around and many get rid of congress down to375 members for 50 states and more manageable for legislation. Judges should be decreased to 150 total not no 600 grifters.
Gang Control not Gun Control