Following a federal judge’s ruling against his use of the 1798 Alien Enemies Act to deport Venezuelan gang members without due process, President Trump expressed outrage. The judge, a Trump appointee, determined the act’s application was inappropriate as it requires an actual invasion, not simply a gang presence. Trump vehemently disagreed, claiming the ruling would lead to increased crime and the nation’s demise, further escalating his attacks on judges who oppose his policies. This latest outburst follows previous criticisms of judges who have blocked his deportation efforts.
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A federal judge has ruled that the Trump administration’s use of the Alien Enemies Act to target gang members was unlawful. This decision highlights a fundamental clash between executive power and judicial oversight, underscoring the vital role of checks and balances within the American system of government.
The judge’s ruling centers on the crucial point that the President cannot unilaterally define the conditions for invoking the Alien Enemies Act and then simply declare those conditions to exist. Such an action would effectively eliminate any limitations on executive authority under the Act, allowing the executive branch to override the established legal framework.… Continue reading
A Texas federal judge ruled that President Trump’s use of the 18th-century Alien Enemies Act to expedite the deportation of alleged Venezuelan gang members was unlawful, exceeding the president’s authority. This decision, the first to conclude that the act cannot be invoked during peacetime, prevents the administration from using the law to detain or deport members of the Tren de Aragua gang within the judge’s district. While the administration may appeal, the ruling is a significant setback for Trump’s deportation efforts, as other courts have also issued rulings against the administration’s use of the AEA. The judge emphasized that courts retain the authority to interpret the scope of the law, even when evaluating a presidential proclamation.
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A leaked internal memo reveals the Trump administration authorized warrantless home entries by ICE agents to apprehend suspected members of the Venezuelan gang Tren de Aragua. This action, ordered by Attorney General Bondi, cited the impracticality of obtaining warrants for swift removals under the invoked Alien Enemies Act of 1798. Subsequently, over 200 Venezuelans, including individuals without criminal records, were deported, prompting lawsuits from the ACLU alleging Fourth Amendment violations. The legality of applying the Alien Enemies Act in the absence of declared war or invasion is heavily contested.
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In a memo obtained by USA Today, the Justice Department authorized ICE to conduct warrantless searches of homes suspected to harbor “alien enemies,” invoking the Alien Enemies Act. While warrants are preferred, the memo acknowledges practical limitations in swiftly apprehending such individuals. This authorization permits ICE agents to enter residences to apprehend suspected alien enemies if obtaining a warrant beforehand is deemed impractical, for example, during other enforcement operations. The power is contingent on a reasonable belief that the individual meets all four criteria for classification as an “alien enemy.”
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A Maryland judge ordered the Trump administration to return Cristian, a Venezuelan asylum seeker deported to El Salvador in violation of a 2019 court settlement. The settlement protected unaccompanied minors with pending asylum claims from deportation until their cases were resolved. The judge’s order, citing a similar case involving Kilmar Abrego Garcia, mandates the administration cooperate with Salvadoran authorities to facilitate Cristian’s return. The administration argued Cristian’s deportation was justified under the Alien Enemies Act due to alleged gang affiliation, a claim disputed by the plaintiffs. This ruling further escalates the conflict between the Trump administration and the judiciary over immigration enforcement.
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A 7-2 Supreme Court decision temporarily blocked the Trump administration’s deportation of Venezuelan men, halting a policy relying on the Alien Enemies Act and prompting outrage from MAGA figures. High-ranking officials, including Stephen Miller and Karoline Leavitt, accused the court of prioritizing the rights of “terrorist aliens” over Americans, while others suggested extreme measures like suspending habeas corpus. The ruling, which even saw Trump-appointed justices dissenting, is viewed as a significant setback for the administration’s immigration agenda. This legal challenge continues as the Supreme Court considers the case further.
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The Supreme Court issued an emergency order halting the Trump administration’s plan to deport Texas migrants to El Salvador under the 1798 Alien Enemies Act. This action prevents the removal of detainees within the Northern District of Texas pending further court review, reversing lower court decisions that refused to halt the deportations. Justices Thomas and Alito dissented from the majority opinion. The ruling follows the ACLU’s appeal after a lower court judge found he lacked jurisdiction over the matter. The stay applies only to migrants detained in the specified district.
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The Supreme Court issued a temporary stay, preventing the Trump administration from deporting Venezuelan men detained in Texas and alleged to be gang members, pending further court order. Justices Thomas and Alito dissented from this decision, which comes after a Fifth Circuit Court of Appeals rejected a similar request to halt deportations under the Alien Enemies Act. The ACLU, representing the detainees, argued for maintaining the status quo to ensure due process before deportation. The Supreme Court’s action follows an earlier ruling requiring habeas corpus petitions for deportations under the Alien Enemies Act, highlighting concerns about the administration’s use of this law and compliance with court orders.
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The Trump administration’s deportation of hundreds of migrants, many without criminal records, to El Salvador’s CECOT prison, a facility known for human rights abuses, has prompted legal challenges. These deportations utilize the Alien Enemies Act, allowing for the designation of gang members as enemy combatants without due process. A class-action lawsuit now contests these claims, highlighting cases like that of a teenager deported for a Facebook photo of a water pistol, mistaken for a firearm. Recent intelligence reports contradict the administration’s claims of a coordinated Venezuelan government effort to send gang members to the United States.
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John Q. Hosedrinker 
Matt Underwood