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US judge says Trump can use Alien Enemies Act for deportations (www.reuters.com)

submitted 4 days ago by pelespirit to c/politics

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A federal judge in Pennsylvania ruled on Tuesday that the United States can use the Alien Enemies Act to fast-track the deportation of accused Venezuelan gang members, in what appears to be the first court ruling that backs the Trump administration’s interpretation of the 1798 law.

Haines, appointed by Trump during his first term, ruled that the administration must give potential deportees at least 21 days' notice and the opportunity to challenge their removals, to avoid the possibility that people who are not gang members "may be errantly removed from this country."

Judge Stephanie Haines, of the U.S. District for the Western District of Pennsylvania, ruled that President Donald Trump has authority to declare the Venezuelan gang Tren de Aragua a foreign terrorist organization and deport its members under the Alien Enemies Act, but she criticized the administration's practice of deporting people sometimes "within a matter of hours."

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[–] [email protected] 5 points 3 days ago (1 children)

I believe he's still under a TRO from using the act at all because a judge didn't buy that the law's definition of invasion fits the situation.

Trump's argument, that he gets to decide what an invasion is, was overruled because under the Loper Bright decision (overturning the Chevron doctrine) the courts can review federal findings, such as the administration finding that there is an invasion.

A judge did that and said there is no invasion, as Congress defined it in the AEA and so the President cannot use the authority given to him by it for the purpose of deporting "TDA members".

[–] pelespirit 2 points 3 days ago (1 children)

We're in dictatorship land, so I'm not sure any of this matters. The rule of law disappeared with this current Republican dominated SCOTUS. We can get it back if there is enough left to get back, but it's going to be hard.

[–] [email protected] 2 points 3 days ago (1 children)

It's important to state how things are, so that it is easier for people to contrast the misbehavior with what lawful behavior should be.

In the Justice system, based on the constitutional powers delegated to each branch, Trump is being ordered to not use the AEA to deport people because a judge has ruled that his definition of 'invasion' is not within the meaning of the term 'invasion' as used in the AEA.

I, too, think he will try everything in his power to ignore or go around the ruling; but, if/when he does it should be seen as a gross violation of the constitutional order and not a 'Well, of course he did that'. The latter feels more like preemptively giving in to the fascist narratives. They haven't won yet.

I could also be wrong about the TRO, it may have already been dismissed or replaced by a ruling. It's been at least a week since I've read any filings.

[–] pelespirit 2 points 3 days ago

You're right that they need to be called out. Republicans won't do anything and the Democrats can't, so it's just piled onto the list. I think we're all hoping the hamberders and fries take effect soon.

[–] Individual_Orchid 5 points 3 days ago

https://archive.is/UNJj2