A Trump-appointed Texas District judge wisely rules against Trump.
Using Wartime Powers to Deport Venezuelans Is Unlawful
The Wall Street Journal reports Judge Rules Trump’s Use of Wartime Powers to Deport Venezuelans Was Unlawful
Key Points
- Judge rules Trump’s use of Alien Enemies Act to detain alleged gang members was unlawful.
- The judge found that the presence of Tren de Aragua members didn’t constitute an “invasion”.
- The Supreme Court has confirmed those designated as alien enemies are entitled to challenge deportations.
Court Ruling
Please note Fernando Rodriguez, Jr. of the United States District Court for the Southern District of Texas Rules Against Trump using Alien Enemies Act to deport immigrants.
Petitioners argue that the proper construction of “invasion” and “predatory incursion” reveals that the Proclamation does not satisfy the conditions required to invoke the statute. They highlight that Congress enacted the AEA as a war time measure, and that “Congress understood [‘invasion’ and ‘predatory incursion’] to mean a military incursion into the territory of the United States.” (PI Mot., Doc. 42, 22) In support of this reading, they rely on various dictionary definitions and historical sources that use those terms in a military context. (Id. at 22–23) They also note, accurately, that no President has invoked the AEA other than during a time of war, including the War of 1812, World War I, and World War II. Based on their proposed construction, they argue that the conduct by TdA and Venezuela as described in the Proclamation does not arise to an invasion or predatory incursion because it does not entail a military action, either actual or threatened, against the nation. (See Reply, Doc. 47, 11 (proposing that Congress limited the AEA “to instances of war or imminent war by a foreign nation or government”))
Political Question
The Respondents contend first that the “President’s authority and discretion under the AEA is not a proper subject for judicial scrutiny.” (Resp., Doc. 45, 20) Relatedly, they claim that “[w]hether the AEA’s preconditions are satisfied is a political question committed to the President’s discretion[.]” (Id. at 21) In both instances, they rely on substantial caselaw describing the broad powers that the AEA places in the President.
The Supreme Court in J.G.G. confirmed that “questions of interpretation” fall within the Judiciary’s responsibility. This role is not surprising, given that whether a government actor’s “interpretation of [a] statute is correct . . . is a familiar judicial exercise.” Zivotofsky, 566 U.S. at 196; see also Japan Whaling Ass’n v. American Cetacean Soc’y, 106 U.S. 2860, 2866 (1986) (“[I]t goes without saying that interpreting congressional legislation is a recurring and accepted task for the federal courts.”).
The Constitution itself references “invasion” on two occasions, each time in a military context. In Article IV, Section 4, the Constitution requires the United States to “protect each of [the states] against Invasion.” At least one court has concluded that “invasion” under this provision requires “armed hostilities” and does not include mass immigration. Padavan v. United States, 82 F.3d 23, 28 (2d Cir. 1996) (“In order for a state to be afforded the protections of the Invasion Clause, it must be exposed to armed hostility from another political entity, such as another state or foreign country that is intending to overthrow the state’s government.”). Also, Article I, Section 9 prohibits Congress from suspending the writ of habeas corpus, “unless when in Cases of Rebellion or Invasion the public Safety may require it.”
While the Proclamation references that TdA members have harmed lives in the United States and engage in crime, the Proclamation does not suggest that they have done so through an organized armed attack, or that Venezuela has threatened or attempted such an attack through TdA members. As a result, the Proclamation also falls short of describing a “predatory incursion” as that concept was understood at the time of the AEA’s enactment.
For these reasons, the Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful. Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country.
An Activist Trump
I applaud the ruling. Everyone should applaud the ruling because it is idiotic to suggest there is a foreign invasion of the US.
The bigots and cultists will scream about an activist judge, when once again the problem is an activist Trump.
Notice that the Judge made no ruling about whether Petitioners J.A.V., J.G.G., and W.G.H. are gang members.
It’s irrelevant. What is relevant is the absurd way Trump has gone about his policies. The War Powers Act and ending Birthright Citizenship by decree are Trumpian activism on steroids.
Judge Rodriguez gave Trump another well-deserved slap in the face. That’s worth cheering.
And I cheered when the courts smacked Biden as well. I am tired of activism under both Trump and Biden. Being against Left and Right activism puts me in a distinct minority.
I look forward to the courts ending Biden’s and California’s energy activism.
For discussion of Birthright Citizenship, please see Appeals Court Rejects Trump’s Birthright Citizenship Executive Order
Miller simply said that it was “Being looked into” and if He is doing his due diligence, then He should be looking into this.
Miller didn’t allow Millions upon Millions of Illegals to enter Our Country Unlawfully, Biden Inc. Did So! If the last Administration was capable of doing that, and with total disregard of the Harm It has the potential of causing in “Our Country” they “Best Be Prepared for Anything”
Oh, He also said “If Needed” so if it’s not needed, no big deal at least we looked into it, Just In Case! “if Needed” however, than “Damn Good Thing” We Looked Into It!!!
Who will the clown potus blame now? Lol
If someone is here illegally I think they can be deported. I’m not sure what act or law says that, but there should be one.
I agree with the principal of limited presidential power.
I think this is a bad call by this judge.
It leaves the door open to allow countries to fill the US with bad actors and limits the ability of the US to do anything about it. Such attacks will always be questionable by design. Out of 1 million people entering the country, there may be 900k neutral people, 90k random bad people, and 10k organized bad people pretending to be neutral. Out of those 10k, some small groups will commit attacks similar to 9-11.
How can a government dedicated to protecting our country identify and deal with this kind of threat with its hands tied behind its back?
They can’t…
Biden doesn’t care about the rule of law or the constitution. As an unconvicted felon that was selected president, he thought he was much bigger than those abstract ideas.
Trump doesn’t care about the rule of law or the Constitution. As a convicted felon that was elected president, he thinks he is much bigger than those abstract ideas.
I think most people still misunderstand Trumps strategy.
Have you ever read the paper and see the cops arrest some criminal and you see they report them being charged with robbery, resisting arrest, assault of an officer, failure to stop, dangerous driving, owning a gun as a felon and on and on the list of charges goes even if they have one really solid charge (robbery) so what’s the point of filing all these? The point is to win at least 1 charge to get the person in jail.
Trump wants to deport illegal criminals (and other undesirable illegals) but no one is 100% sure what legal standing there is for this under executive orders. So the strategy is to literally use everything possible to deport them even if it’s ridiculous like this one is so they are filing LOTS of different executive deportation orders SIMULTANEOUSLY.
The reason is that Trump just needs to win a single case out of all the appeals. Once he does, he’s found the legal way to deport whomever he wants because you can be sure the government will shoe horn everyone into that category in order to deport them. If he filed his orders linearly (ie one order at a time until it was court rejected) it would take potentially his whole 4 year term to find one winning case. So you write endless executive orders no matter how ridiculous until one sticks. At that point you’ve won.
Don the con wants to be dictator thsts his goal.
In my clash of cultures thesis we also have to look at why Trump won the election so easily. It has to do with the heartland. Both Russia and the US have a heartland of an immense amount of land. This totally escapes the Europeons and the people on the coasts.
In my crops and soils class, we learned that modern agricultural practices are rapidly degrading the the fertility of “the heartland” here in the good ole USA. This totally escapes most Americans.
totally … all those farmers and agribusinesses whose lifeline is land management and agriculture know absolutely nothing about soil. also, the grapes of wrath as for nothing …
it’s crazy how many people who post on this blog are the only ones who know anything about something … what a burden it must be for you to be surrounded by idiots everywhere you go. i’m so very sorry for your troubles.
Many of the ‘folks’ who post on this blog remind me of my visit to the Primate House at the San Diego Zoo;
Chimps throwing feces at each other and playing with themselves while angrily staring at the human visitors, lol.
A clash of cultures was always easier when settled by war. Today the USA has a clash of British “Rule of Law” with Spanish “Familia.” Thank goodness we don’t have Europes problems with a 100 Afican cultures. Obviously, I believe culture clashes out weigh idendity politics.
Also worth pointing out that the judge in this case, Fernando Rodriguez, Jr., was appointed by Trump.
Anyone who is an illegal should be sent back to wherever they came from- At THIER Expense. No exceptions, no ifs and or buts…Let’s have an American of Americans who speak English and accept our American values. THANK YOU MR. TRUMP-I hope you will not give us the good fight! Get rid of illegals, stop entitling them, start honoring our Veterans and our Americans-not illegals.
The Judge said that plain language of the text requires an invasion and he deemed this not to be. Its an interpretation which the Judge is not suited to make a call on. Does he have access to classified intel? No. Its an opinion formed by the media. The Vietnam war, the Afghanistan war, the Iraq war, Invasions of Panama and Granada, none were wars because they were not declared by congress. But they were wars conducted by an Executive branch given leeway for forever wars. Gulf of Tongkin, red flag? Doesn’t really matter because there is no certain proof. Members of the media and the Democrats ruled J6 and insurrection. It was a riot. A mostly peaceful riot, without the sarcasm of referring in this way to antifa and BLM riots. So no, the Judge’s ruling stands until it goes to appeal or SCOTUS. This is mass formation psychosis on the part of the judiciary.
Due process? First you let anyone come in without papers (where’s the due process in that?), live on taxpayer money in hotels indefinitely (where’s the due process in that?), and then all of a sudden we remember due process now?
How come no Judge went against Obama? (3 million deportations).
House them at the Hyatts, JB Pritzker will personally pick up the tab.
They shouldn’t be sent to prison in El Salvador. They should be deported to Venezuela. Anyone with tattoos should be deported to Venezuela.
Including Hegseth?
Now you are on to something
Absolutely! He’d be deportee #1 if I were in charge. Total dolt.
who was defense secretary when you served?
I believe Venezuela refused them..
Trump could apply actual law. Will he?
https://www.law.cornell.edu/uscode/text/8/1324
Any person who, during any 12-month period, knowingly hires for employment at least 10 individuals with actual knowledge that the individuals are aliens described in subparagraph (B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.
I heard on the news that a few Denver area businesses were just fined for hiring illegals. That’s the first time I’ve heard the Trump II administration going after employers. I’ll really be impressed if they fine Tyson or Hilton, but the chances are nil because of political connections.
Fines are a joke. Just a cost of doing business. Prison – now that’s a deterrent. Harboring (renting to) someone you have reason to believe is here illegally also carries a prison term – especially if they commit a crime.
The fines were substantial. I’m betting the fined companies will think twice about doing it again. The bad publicity will likely cause them to lose business as well.
link to press release: https://www.ice.gov/news/releases/ice-denver-levies-over-8-million-fines-local-businesses-employment-violations
I have been advocating for enforcement of this law
(Title 8 U.S.C. 1324) FOR DECADES.
The illegals will SELF DEPORT if this is done.
Young American men will need to learn to accept sweat and dirt but the wages for their labor will allow them to earn a living wage.
Net result
15+ million hearings to deport illegal aliens
Applaud
Random Nevada Judge rules Normandy invasion by allies illegal. No due process was followed, there’s no “Normandy” article in the war declaration of Congress, and Germany’s government was not consulted. The horny judiciary was not consulted in advance. They should all come back. Judge is requiring full paperwork from Allied Command on the status of the
Glorious Teutonic KnightsGerman soldiers.no, the issue here wasn’t deportation.
Yes! Finally, he gets it!
Hopefully this will bring about what’s really necessary!
Bounties!
“Being against Left and Right activism puts me in a distinct minority.”
Kinda like free speech, when a person hears what they like it’s ok, it’s free speech, when they don’t like it, it’s not free speech and should be outlawed. The world is full of hypocrites especially MAGA.
I agree the use of this particular law seems a bit crazy but don’t blame it on Trump he is just doing what he was elected to do. Obviously our laws have been twisted and reduced to BS by Judges that will not use common sense in renderingulings. No law is perfect it is written by humans.
This is what we need someone that will push our laws to the limit to show the American populace how screwed up the current system of laws. are and that there is no common sense applied in rulings by Judges!
This will help educate the populous or at least give us a chance.
Vote for someone who will change this!
As to the ruling, agree that it is legally “proper” but our law is still an ass. I’m no cultist, nor bigot. However, to take (according to FairUS dot org) 18.5+ million illegal aliens who were NEVER vetted, nor authorized to ever be here PERIOD and that there is no ejection without costly and massively dragged out hearings is in essence saying no one (or VERY few) ever get sent back. Which means the non-invasion invasion is successful. But, as the 1964 book title once stated, none dare call this treason?
Your comment is filled with defenses, excuses, hedges, reservations, and conjectures. Just come out and say you support Trump and not the judge.
Oh, I see now, your version of the U.S. is the suicide pact model, thanks for the schooling.
Thanks for exposing yourself as an totalitarian supporter who has no respect for the rule of law or justice.
That’s even dumber.
That’s just dumb. Its not a sports team. The ruling is incoherent when placed in context.
Who is and has been in control of our southern border? There’s your problem and the answer is simple find a POTUS that will control our border, not so easy. If Trump was serious he would shut the border down completely and do full inspection of every vehicle wanting to cross. Oh, his rich buddies would scream bloody murder, they could can less about fentanyl as long as their cheap labor products keep flowing.
It’s pretty tight right now, the issue is all the prior unauthorized arrivals who by their presence on magic dirt get to stay.
But they still don’t inspect more than 4% of cargo ships and very little actual inspection at the southern border. How can they expect Mexico to stop fentanyl if we don’t actually seriously try.
What’s keeping you from doing that? Just set up a roadblock and say this is the Illinois Tollway.
its not an invasion in any sense of the word.
you know what invasion means. 99/9% are coning here to escape poverty and work. I agree we should NOT have allowed them in, but abusing our lax and stupid immigration laws and enforcement to live and work here does not meet the definition of invasion in any sense.
and yes our immigration laws suck. asylum laws are easily manipulated and no one has fixed them, not even Trump. He’s skirting hte law by declaring an emergency, which isn’t unjustified but at some point the declaration of emergency needs to end and we need Congress to pass a law before that happens.
Over 90% of them are “males of a certain age group”. Same is happening in Europe. And the whole thing is funded by NGOs. Doesn’t sound very spontaneous to me.
Given hotels and healthcare that many Americans can’t afford.
Democrat admits its to enhance Blue Districts: https://www.youtube.com/watch?v=FVC_6ouFV9o
Facilitating an invasion for 4 years required no intervention…flying them all over the U.S. at taxpayer expense and usually without knowledge of or consent by those in charge where they were being sent was done by the Biden Administration. Judges did nothing then. I have no concern with their removal now. Imagine letting in 20 million and then crying we have to onesy-twosy remove them and treat them with kid gloves. The person-on-the-street knows how preposterous all of this is thanks to the negligence of one party. So infuriating.
BS it’s been BOTH parties.
If we ever get in a war with China, we’re doomed. Some random judge will pop-up like a cucumber and declare our defense illegal (no due process).
You think China is coming here? That’s silly. If there’s war with China it will be because we’re meddling in their sphere and with their renegade province.
If being a member of a gang is a crime, then there needs to be a trial and a verdict before they’re sent to prison. Sending a “suspected criminal” to a life sentence prison without due process is unconscionable.
What’s more disturbing than the federal government doing this, is that half the country (and half of the commenters) are cheering this on and find it acceptable.
It’s time “they” came for Trump.
…with a net.
They/them
First they came for the neighborhood
kids job of mowing lawns, and I did not speak out because I was no longer a kid.
Then they came for the restaurant workers, and I did not speak out because I was not working my way through college.
The they came for the construction worker, and I did not speak out because I was not supporting a family.
Then they came for the IT worker and I did not speak out because I like curry and rice.
Then they came for me and there was nobody left to speak for wortless boomers who sold this country down the river for unearned income at the expense of those younger than them.
They don’t go to prison. They get sent home. For free. Great deal.
Trump can deport them and tell the court: go get them, they are out of US jurisdiction
If you get one thing from this, it’s another example of a broken USA:
“The bigots and cultists will scream about an activist judge, when once again the problem is an activist Trump.”
Certainly an imperfect vessel, Rando. When law is distorted and courts corrupted for decades, the natural reaction is an activist.
If they are here illegally then ICE can still remove them. What’s the problem here??
Mission accomplished without the Trumpsster invoking the war power act.
Where is the law saying that there are humans who are excepted from having the right to due process?
“Procedural due process” concerns the procedures that the government must follow before it deprives an individual of life, liberty, or property. The key questions are: What procedures satisfy due process? And what constitutes “life, liberty, or property”?
Historically, due process ordinarily entailed a jury trial. The jury determined the facts and the judge enforced the law. In past two centuries, however, states have developed a variety of institutions and procedures for adjudicating disputes. Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal. Mullane v. Central Hanover Bank (1950).
Maybe there’s an exception called: “no due process required when Trump thinks those requirements take more effort than he cares to give?”
Thats is basically liberal bullshit rhetoric. Let them invade your neighborhood, maybe you can even provide shelter. Unbelievable.
No due process is straight up kidnapping. Due process is how you determine if someone is a criminal or not in the first place vs the executive branch guessing.
There never has been due process for deporting illegal aliens. What don’t you bleeding heart libtards understand?? Due process is for citizens. Seriously. BTW because of a law passed by George Bush Jr, homeland security can just show up and take you away without any due process and keep you detained for as long as those aholes want. If you libtards want to complain about something focus on that.
Hey Ignoramus, the 14th and 15th amendments specifically call out all persons. Due process is definitively not just for citizens, and anyway proving citizenship ought to be part of the due process. Trump wants the power to deport legal citizens and has alresdy started.
what don’t YOU understand: a process is necessary for someone to say, hold on you cant’ deport me I’m a citizen. there’es always been due process for illegal aliens.
Due process means some hearing before an impartial party to raise a defense. it doesn’t necessarily mean a full plenary trial, but without due process the government can scoop up a US citizen Trump doesn’t like and send them off. no due process means they don’t have the opportunith to stop that.
Also, he didn’t deport them. Deportation means send them to their country of origin. he sent them to a maximum security prison in El Salvador where they were imprisoned, with the El Salvadoran government acting as basically a subcontractor for the US.
If Dumbya was in a zoo exhibit I’d throw him pretzels all day.
due process protects everyine. without due process even a citizen who committed no crime could be deported because a “process” is where someone would say hold on i am a citizen.
level of ignorance s to what basic things mean is astounding.
They invaded my Tex Mex restaurant. And are washing dishes there for cheap. It’s horrible.
I think you are correct but the problem may be that a lot have asked for asylum and been granted access by the court and are awaiting a court hearing. That the courts are taking forever to get to the hearing is not their fault.
So just who is paying the attorney’s bills for these Venezuelan gang members? Of course, the American tax payer….
And that money is well spent! The last thing you want is giving a government the power to send people away without due process. That would among other things mean American citizens could be targeted too (and would be , sooner or later).
If they’re illegal they can simply be deported back without the need for this silly legal “reasoning”. It is so strange why trump doesnt simply use the tools he has and instead tries things that are known to backfire and cause delays.
Replace “people” with “American Citizens” and I agree!
need due process to make sure it doesn’t happen to American citizens.
and wht about tourists, and legal visa holders? why shuld Trump if he feels like it send them to some El Salvadiran prison without due process??
Well Mish, you have my support against activism from both Biden & Trump.
Not sure how much my support will count
Thanks
Our opinion doesn’t count though.
this makes sense because we’re not at war with Venezuela and it isn’t invading.
this isn’t exactly a close call. it’s not what ht law says and not what it was intended to do. It’s not intended to be an immigration enforcement law. the immigration laws are intended to be the immigration laws. it’s stupid to even try to make this sound complicated.
If Trump wants to address this then Congress needs to pass a law that fits, not stretch an obviously unfit law.
14th Amendment is not merely a law, it is part of the Constitution. What other parts of the Constitution do you think are ethically and morally negligible?
what are you even talking about??
the issue was whether the Alien Enemies Act allows Trump to do what he did.
Act= law passed by Congress, not the constitution. the 14th Amendment was not an issue in the case.
Correct – not even close
And it was a very well written ruling
I’m counting on your analysis as I don’t have time to follow or understand the legal analysis. The problem is Biden used fiat to create the mess but Trump can’t use fiat to undo the mess. Americans suffer.