Very recently U.S. District Judge Fernando Rodriguez Jr. issued a permanent injunction against the Trump administration’s use of the Alien Enemies Act of 1798 to deport Venezuelan immigrants from South Texas who have been accused of being members of the Tren de Aragua (TdA) gang.
In short, the judge ruled that TdA may be harmful to society, but they did not constitute an “invasion” or “predatory incursion” as per the Alien Enemies Act. Thus, the President did not have lawful authority (under the Alien Enemies Act) to detain or deport Venezuelan immigrants.
Here is a summary of the judgment by Chris Geidner. Also CBS News.
I agree with the judgment, and want to make 4 points.
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1. The President simply cannot give himself war powers (via declaring a phony invasion) to despatch illegal aliens without any notice or hearing. Even if the 10 million or so illegal aliens in the US can be regarded as a “severe threat”, it doesn’t justify shortcuts around the law.
2. The President has no inherent power to deport anyone – that authority rests entirely with Congress. The Executive can only ever act within the terms and limits of legislation (which include constitutional procedural safeguards of due process – not optional). As Andrew C. McCarthy of National Review explained (concluding that Abrego Garcia’s deportation was unlawful):
to the extent he had protection against being deported to El Salvador, it was based on a remedy — withholding of removal — that is implemented by regulations based on Congress’s statutes … the involvement of the courts in immigration enforcement is extremely limited — confined to the narrow authority Congress has vested in them … Illegal aliens detained inside the country, if they don’t agree to rapid expulsion (as many do), are entitled to a hearing before an immigration judge and an appeal to the Board of Immigration Appeals — again, Justice Department tribunals.
3. It is important to remember that these hearings before an immigration “judge” (technically, as McCarthy points out, from the executive and not the judicial branch of government) actually protect Americans. A tiny percentage of detainees, before an immigration judge every year, are accidentally arrested due to mistaken identity & then let go.
4. Respect for the Constitution and the rule of law are solid conservative positions.
Most of Trump's executive orders are based on lies about non-existent national emergencies or other preconditions necessary to trigger those powers. Oh, and point #4? That may be true of old timey mainstream conservatives, but not of MAGA Republicans. They are fascists to whom the Constitution and rule of law mean absolutely nothing, and deluded people pretend otherwise to their peril.
ReplyDeleteEveryone I know is either the child or grandchild of migrants.. the families worked their bums off to reach an honourable and productive life, to learn English and to raise their children in safety. Some may be crooks, of course, but not nearly as crooked as some non-migrants in our society.
ReplyDeleteSo if the President has no inherent power to deport anyone, and it is counter productive to send the sad migrants to brutal El Salvador prisons, why hasn't the Congress stopped the immoral expulsions?
The excesses of ICE are legendary.
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