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Alien Enemies Act - Trump Defies 9 - 0 Suprme Court Ruling

Discussion in 'Too Hot for Swamp Gas' started by G8trGr8t, Mar 13, 2025.

  1. enviroGator

    enviroGator GC Hall of Fame

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    con ignorance abounds
     
  2. G8trGr8t

    G8trGr8t Premium Member

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    Judge Gives New Directive After Trump Admin Uses 'State Secrets Privilege'
    On Tuesday, U.S. District Judge James Boasberg gave lawyers for Venezuelan deportees until Monday, March 31, to respond to the Trump administration's invocation of the state secrets privilege and refusal to provide the court with any additional information about the deportation of Venezuelan migrants to El Salvador.
    ...........................................................

    The Trump administration, in its court filing: "The Court has all of the facts it needs to address the compliance issues before it. Further intrusions on the Executive Branch would present dangerous and wholly unwarranted separation-of-powers harms with respect to diplomatic and national security concerns that the Court lacks competence to address."

    A Venezuelan immigrant, in an affidavit filed Monday: "While on the plane the government officials were asking the men to sign a document and they didn't want to. The government officials were pushing them to sign the documents and threatening them. I heard them discussing the documents and they were about the men admitting they were members of TdA."

    U.S. Appeals Court Judge Patricia Millett, at a hearing on Monday: "There's no regulations, and nothing was adopted by the agency officials that were administering this. The people weren't given notice. They weren't told where they were going. They were given those people on those planes on that Saturday and had no opportunity to file habeas or any type of action to challenge the removal under the AEA."
     
  3. G8trGr8t

    G8trGr8t Premium Member

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    Trump picking fights with the old college roommate of Kavanaugh..yep, ready shoot aim..massive out of control liberal judge

    Bondi, Rubio, and Noem should all be held in contempt for signing that document. simply because they signed it does not mean it can or should go uncontested and if presented ot the court in bad faith, which we all know it was, that should carry penalty. regardless of whether Trump pardons them or not. If Trump wants to show open contempt for the judicial systems by pardoning fairly convicted cronies and keeping them in positions of authority, then make him do it blatantly for the middle to see. The judicial system simply can't ignore that sort of open contempt and falsie filings because they feel helpless to do anything about it.

    Trump’s Judicial Foe Was Kavanaugh’s Roommate, Had GOP’s Backing

    The District Court Judge has sought to obtain as much information as possible from the Trump administration about who was on the flights, but on Monday, officials doubled down, with Attorney General Pam Bondi, Secretary of State Marco Rubio, and Secretary of Homeland Security Kristi Noem signing declarations that the information the court wanted was subject to state secrets privileges.
    ..........................
    Boasberg, 62, has a track record of straightforward rulings in complicated cases — including several decisions in favor of Trump — and a history of support from both Republicans and Democrats. He was a homicide prosecutor in 2002 when President George W. Bush tapped him as a judge for the Superior Court of the District of Columbia, and after being nominated to the federal bench in 2011 by Barack Obama, Boasberg was confirmed unanimously by the Senate Judiciary Committee.

    His defenders also point to his long friendship with conservative Supreme Court Justice Brett Kavanaugh, his roommate at Yale University’s law school, as further evidence he harbors no anti-Republican bias. The conservative Supreme Court Chief Justice John Roberts — who issued a rare public rebuke to Trump over the impeachment threat — selected Boasberg in 2014 to serve on the secretive US Foreign Intelligence Surveillance Court, a prestigious role.
     
  4. G8trGr8t

    G8trGr8t Premium Member

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    so Rubio and DT tweet out number of people, nationality, why they were deported, with pictures of plane tail numbers to the world to brag about what they had done in defiance of the court order

    go to flightaware and the tail numbers give you the flight data

    but all this is top secret and Rubio and the admin cannot disclose that very same public information to the jduge or it would compromsie national security.

    MAGA must love the taste of yellow rain

    Marco Rubio Tweeting About Prisoner Numbers "Hard to Square" With Denial of Judge Request, Says Supreme Court Lawyer

    U.S. President Donald Trump thanked the President of El Salvador Nayib Bukele on March 16 for “taking in” 238 alleged Venezuelan gang members deported from the U.S. by military aircraft. Trump wrote on Truth Social: “We will not forget.”

    U.S. Secretary of State Marco Rubio also praised Bukele on X by writing: “We have sent 2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador. Also…we sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.”

    American attorney John Elwood, head of Arnold & Porter's Appellate and Supreme Court practice –who has argued nine cases before the Supreme Court of the United States — responded to the Trump administration’s unwillingness to fulfill the judge’s request. The claim that info Judge Boasberg requested at today's hearing is sensitive national security information seems hard to square with Rubio tweeting about destination & prisoner numbers. I found the planes' "tail numbers" w/a 30-second search. Anyone can follow on FlightRadar24.
     
  5. G8trGr8t

    G8trGr8t Premium Member

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    Columbia student from India finishing her PhD got a summons at a protest while trying to pass thru protest area to get home. Summons dismissed.

    State dept gets copy of dismissed summons which she didn't report (was dismissed) and are now attempting to deport her so she fled to Canada

    Noem took random footage of her from TSA and labeled her a terrorist sympathizer on national TV because she was mistakenly ticketed.

    think abou that
    Columbia University doctoral student Ranjani Srinivasan breaks her silence on why she fled to Canada
     
  6. G8trGr8t

    G8trGr8t Premium Member

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    Never admit you are wrong. One of the central tenants of a cult. this man dared to admit in court that the administrative branch made an error..off with your head. 15 years of dedicated public service. done.

    is this the government MAGA wants? You think arguing with the IRS was hard before? Imagine now.

    Every DOJ lawyer IS REQUIRED by MAGA to defend whatever acts the administration takes or face removal regardless of what the law says.

    what kind of country are we in?

    'Should not have been removed': 15-year vet at Justice Department suspended after admitting Trump wrongly deported father with protected legal status

    A Justice Department lawyer with 15 years of experience at the DOJ has been suspended by the Trump administration after admitting in court that the president mistakenly shipped off a protected Maryland resident to a prison in El Salvador as part of his deportations of Venezuelan migrants under an 18th-century wartime authority, which have since been blocked by a federal judge.

    Erez Reuveni, the acting deputy director for the Office of Immigration Litigation, was reportedly told by DOJ brass that he’d be placed on paid leave indefinitely for the comments he made Friday during a court hearing before U.S. District Judge Paula Xinis.

    “The facts are conceded,” Reuveni confessed during the hearing, which centered around the deportation of protected Maryland resident Kilmar Abrego Garcia. “Mr. Abrego Garcia should not have been removed,” Reuveni said.
     
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  7. sierragator

    sierragator GC Hall of Fame

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    The law is whatever the orange god says it is. Sounds king like to me.
     
  8. VAg8r1

    VAg8r1 GC Hall of Fame

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    Although it is the formal name of the Department the name "Department of Justice" in reference to the Cabinet Department headed by Pam Bondi is another example of an oxymoron. Justice is apparently the last priority of the Trump DOJ.
     
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  9. Shade45

    Shade45 Premium Member

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  10. G8trGr8t

    G8trGr8t Premium Member

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    what can be done?
     
  11. g8orbill

    g8orbill Old Gator Moderator VIP Member

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  12. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    Another smack down by the SCOTUS on these federal judges. This decision apparently overturns two federal judges rulings.

    Washington — The Supreme Court on Monday allowed the Trump administration to restart for now deportations of migrants it claims are members of a Venezuelan gang using a seldom-invoked wartime authority.

    The high court split 5-4 in granting a request for emergency relief sought by the Justice Department in the dispute over President Trump's use of the Alien Enemies Act of 1798 to swiftly remove alleged members of the Tren de Aragua gang without a hearing. Justice Amy Coney Barrett joined with the three liberal justices in criticizing the majority's decision.

    In its unsigned decision, the Supreme Court said the detainees who are challenging their removals under the Alien Enemies Act are confined in Texas, so the venue for their case is "improper" in the District of Columbia, which is where the dispute has been considered.

    "As a result, the government is likely to succeed on the merits of this action," the court said in its ruling lifting two temporary restraining orders issued by a federal district judge in Washington that prevented removals under the Alien Enemies Act.

    Supreme Court clears way for deportations of alleged Venezuelan gang members to resume
     
  13. gator_jo

    gator_jo GC Hall of Fame

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    Except that for large numbers of them, there is no legitimate evidence that they're gang members.

    Which, of course, is similar to the Trump Administration desperately trying not to return to the US someone they deported who has no criminal record and no justification to be legally deported.

    Pretty sad how actually illegality is considered a win by MAGA. But then, that's what MAGA is.
     
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  14. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    Except:
    In March 2019, police with Prince George's County, Maryland arrested Ábrego García with three other men in a Home Depot parking lot where they were seeking work as day laborers.[6][8] One of the men claimed Ábrego García was a "gang member," but The Atlantic reports that according to court filings, he offered no proof and police said they didn’t believe him.[8] He was never charged with a crime in connection to his arrest.[9]

    Police handed custody of Ábrego García over to U.S. Immigration and Customs Enforcement (ICE) for deportation proceedings.[6] In those proceedings, the government claimed that he was a member of the MS-13 criminal gang because "he was wearing a Chicago Bulls hat and a hoodie" and a confidential informant claimed that he was active with an MS-13 group based in New York.[6] An immigration judge determined that the informant's claim[10] was sufficient evidence for denying Ábrego García’s bond request,[7] and another judge upheld that ruling, saying the claim that Ábrego García in MS-13 wasn't clearly wrong.[7] He has consistently denied any connection to MS-13.[11]

    Deportation of Kilmar Ábrego García - Wikipedia

    So an immigration judge, you know those guys you love with all those rulings, determined there was sufficient evidence to tie him to MS-13. And Secretary of State Marco Rubio, a fellow Gator, deemed MS-13 a foreign terrorist organization, which is a sufficient reason to deport him.

    Also, the above facts are why the attorney was placed on administrative lease as he did not vigorously defend his client, ICE or the US Government.
     
  15. G8trGr8t

    G8trGr8t Premium Member

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    that article is so slanted I couldn't even follow it.

    in my undereducated reading of it, they removed the TRO's preventing the deportation under the legal theory they applied and directed them to file under a separate path to seek relief. On a 5 - 4 vote. so overhelming..smdh

    here is the ruling if you want to read it yourself, not nearly as satiating for those like you so doubt you care about the reality of it all

    I highlighted the important part t and made it bigger to make it easy for you. Note those are the words of the USSC. They DO DESERVE DUE PROCESS, theyvoted 5-4 on which court they had to file under to get it.

    won the battle, lost the war....

    ps..might want to consider new sources

    TRUMP v. J. G. G. | Supreme Court | US Law | LII / Legal Information Institute

    The detainees also sought equitable relief against summary removal. Although judicial review under the AEA is limited, we have held that an individual subject to detention and removal under that statute is entitled to “ ‘judicial review’ ” as to “questions of interpretation and constitutionality” of the Act as well as whether he or she “is in fact an alien enemy fourteen years of age or older.” Ludecke, 335 U. S., at 163−164, 172, n. 17. (Under the Proclamation, the term “alien enemy” is defined to include “all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States.” 90 Fed. Reg. 13034.) The detainees’ rights against summary removal, however, are not currently in dispute. The Government expressly agrees that “TdA members subject to removal under the Alien Enemies Act get judicial review.” Reply in Support of Application To Vacate 1. “It is well established that the Fifth Amendment entitles aliens to due process of law” in the context of removal proceedings. Reno v. Flores, 507 U. S. 292, 306 (1993). So, the detainees are entitled to notice and opportunity to be heard “appropriate to the nature of the case.” Mullane v. Central Hanover Bank & Trust Co., 339 U. S. 306, 313 (1950). More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.

     For all the rhetoric of the dissents, today’s order and per curiam confirm that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal. The only question is which court will resolve that challenge. For the reasons set forth, we hold that venue lies in the district of confinement. The dissents would have the Court delay resolving that issue, requiring—given our decision today—that the process begin anew down the road. We see no benefit in such wasteful delay.
     
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  16. G8trGr8t

    G8trGr8t Premium Member

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    Father Living in US for 30 Years Detained by ICE Over Driver's License

    A father of eight and longtime resident of the United States was detained by federal immigration authorities after a traffic hearing, his daughter has told Newsweek.

    After a hearing in Frederick, Maryland, for driving on a suspended license, Alexi Canas was detained by Immigration and Customs Enforcement (ICE) on March 12, despite having lived in the country for more than three decades.

    The 49-year-old was set to serve a brief two-day restitution sentence related to the infraction. One day after he was taken into custody, ICE filed a detainer and placed an immigration hold on him. According to his family, there had been no prior warnings or encounters with immigration authorities.

    Two days later, he was transferred to the Adams County Detention Center in Mississippi—more than 1,000 miles from his home in Maryland.
     
  17. G8trGr8t

    G8trGr8t Premium Member

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    now filed as habeas action as advised by the supreme court

    Trump Faces New Deportation Challenge After Supreme Court Order

    (Bloomberg) -- President Donald Trump is facing a new challenge to his use of a wartime law to deport alleged Venezuelan gang members, less than a day after the US Supreme Court sided with the administration in an earlier fight.

    The case, filed Tuesday in federal court in Manhattan, was brought on behalf of two men trying to stop their removal from the US under the Alien Enemies Act, as well as similar deportations. A judge directed the government to keep them in the country for now and scheduled a Wednesday hearing on their request for an order pausing removals while the case goes forward.

    The case follows Monday’s Supreme Court order that such challenges must be brought as so-called habeas corpus cases in the jurisdiction where the challengers are being held. In that ruling, a majority of the justices voted to lift a Washington federal judge’s order that paused the deportation of alleged Venezuelan members of the Tren de Aragua gang — including the primary plaintiffs, in custody in Texas — finding that it was the wrong type of case brought in the wrong place.

    The plaintiffs in the new challenge — referred to by the initials G.F.F. and J.G.O — are alleged Tren de Aragua members who were also plaintiffs in the case that went before the Supreme Court. They were moved from Texas to a jail in New York within the past week, according to court filings. They brought the case as a habeas action.
     
  18. G8trGr8t

    G8trGr8t Premium Member

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    Something tells me this isn't going to cross the threshold to justify the deportation...shocked I tell you, simply shocked

    so Rubio feels that anyone that protests against anything Israeli, or whatever djt wants to support that day, is a threat to the country and should be deported

    Newly-released memo from Rubio details government’s only evidence in effort to deport Mahmoud Khalil

    The federal government outlined evidence to support Mahmoud Khalil’s deportation order in a newly-released, two-page memo from Secretary of State Marco Rubio.

    The memo says the Palestinian activist and Columbia University graduate is deportable because of his “beliefs, statements or associations” that would compromise US foreign policy interests. It was submitted Wednesday in response to a request from an immigration judge for evidence to support Khalil’s deportation case.
    .................................
    The secretary made his determination “based on information provided by the DHS/ICE/HSI regarding the participation and roles of (redacted) and Khalil in antisemitic protests and disruptive activities, which fosters a hostile environment for Jewish students in the United States,” Rubio states.
     
  19. G8trGr8t

    G8trGr8t Premium Member

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    supreme court stamps it done

    people are entitled to due process even if king donald tells prince rubio they are bad people

    Supreme Court rules Trump administration must return Maryland man mistakenly deported

    In the majority opinion, written by Justice Sonia Sotomayor, the court ruled that Kilmar Armando Abrego Garcia was illegally deported from the U.S. and must be returned.

    Abrego Garcia had legal protection from deportation under an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs. "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal," the court ruling reads.

    The Trump administration alleged that Abrego Garcia is a member of MS-13. Abrego Garcia has denied the claims, saying that he has been in the country legally for the past 10 years and has no criminal record.

    In the opinion, Sotomayor said the government has not provided an adequate legal argument to support Abrego Garcia’s "warrantless arrest, his removal to El Salvador, or his confinement in a Salvadoran prison."
     
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  20. G8trGr8t

    G8trGr8t Premium Member

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    won the skirmish, lost the war

    in case you missed it. they must return those deported without due process and must release thsoe being retained with no justifiable reason

    that whole due process stuff in the constitution thingy

    S.M.A.C.K.D.O.W.N x TWO

    this shouldn't be a smacktalking contest, these are basic human rights granted in our constitution to all of us. the fact that so many are willing to disregard them when convenient is scary. that requires a lot of built up hatred or blind devotion, neither of which is good

    Mahmoud Khalil case: Ordered to show evidence, government asserts Rubio's authority

    Supreme Court rules Trump administration must return Maryland man mistakenly deported
    In the majority opinion, written by Justice Sonia Sotomayor, the court ruled that Kilmar Armando Abrego Garcia was illegally deported from the U.S. and must be returned.

    Abrego Garcia had legal protection from deportation under an immigration judge’s 2019 ruling that shielded him from deportation to El Salvador, where he faced likely persecution by local gangs.

    "The United States acknowledges that Abrego Garcia was subject to a withholding order forbidding his removal to El Salvador, and that the removal to El Salvador was therefore illegal," the court ruling reads.