Another Fifth Column Judge, Fernandez Rodriguez, subverts the legislative intent of the Alien Enemies Act

[Rawley]

The executive order???

Actually, it was the President's proclamation. I got it wrong, he didn't rule the statute was unconstitutional, He interpreted the statute, like you have, to essentially require that we are at war with the foreign gvt. IMHO a quite unreasonable interpretation.

 

[Care4all]

Interesting. How many did he deport without hearings, and are they all still locked up in foreign prisons on our dime?

The law simply define parameters of deportation....yes, those at the border who did not meet asylum seeker parameters, can be deported without a court hearing....and other things defined in it of when a court hearing is not needed to deport....it has to be done in timeframes describe...

Note! Congress passed this immigration law and not simply an executive order.

 

[Rawley]

Well, ElSalvador says they are being paid to hold him

No the they haven't. You're one of the more honest lefties here. I wish you wouldn't make shit like this up.

, but didn't have evidence from our govt he was MS 13, so they moved him out of cecot, and in to a normal prison. They said they have no reason to hold him in prison other than the USA request. He committed no crimes in ElSalvador and has no record.


If this were a simple deportation as you claim, Garcia simply would have been sent back and freed in to ElSalvador.

He's a gangbanger. They have made a huge effort to lock up gangbangers.

 

[TimFitz]

I believe they do, they are not just arbitrarily pulling folks off the street, or, as I'm sure someone has suggested, doing so based purely on (racial) appearance. We have illegal immigrants from 190 different countries, just that right now, the worst of the worst, mostly Latino gang members, have been getting all of the attention.

But as these are not legal American citizens, they are not entitled to individual protracted hearings based on prosecution and defense; once found guilty of a crime gang and non-citizenship (and a crime essentially voids VISAS, prior agreements and green cards), your case is pretty much finished.

We have literally millions of people to contend with thanks to JOE BIDEN and we have neither the courtrooms nor the facilities to house them all and feed and take care of them while we wait years for each trial to play out.

Got a problem? Take it up with Joe Bedpan, he created the crisis. Let them prove their innocence elsewhere on their own dime--- our government's first and foremost duty is to make America safe again.

BS.

Trump is counting on your bigotry, and your devotion to his cult to get you to ignore the Constitution and the rule of law.

The path that your fuhrer is following is intended to set the stage for him declaring marshal law and appointing himself dictator.

The Alien and Sedition Act provides the mechanism for Trump to declare marshal law.

If you think this is far fetched, ou have not been paying attention.

Since using the act to provide an excuse to suspend the Constitution and declare the President dictator was a feature of the Jan 6th plot.

 

[Oddball]

Damn President Trump appointing these 5th column judges.

And Reagan and Bush.

WW

Nearly all judges are recommended by Senators....This one was brought to us by the career RINO scumbag John Cornyn.

 

[TimFitz]

Nearly all judges are recommended by Senators....This one was brought to us by the career RINO scumbag John Cornyn.

They are not appointed by Senators.

It is ironic watching Trump devotees label GOP leaders as “RINO scumbags”

Particularly ones that have served the anti democratic leanings and open corruption of the party today.

Cronyn was one of George W’s boys, and a protege of “Casino Jack” Abramoff.

 

[Oddball]

They are not appointed by Senators.

It is ironic watching Trump devotees label GOP leaders as “RINO scumbags”

Particularly ones that have served the anti democratic leanings and open corruption of the party today.

Cronyn was one of George W’s boys, and a protege of “Casino Jack” Abramoff.

I said RECOMMENDED , dickless...Try reading for comprehension.

That Cornyn is one of Dubya's boys is all we need to know, in order to cement the determination that he's a controlled opposition RINO scumbag...After all, Chimpola is the one who gave us the wind sock Roberts.

 

[johnwk]

Explain. See, the Alien Enemies Act

First, we have to be in a declared war with a foreign Nation/Govt or being invaded by a foreign Nation/Govt...of which neither has taken place.

Judge Rodriguez lied that an actual war is required to invoke Alien Enemies Act​

That is your personal opinion with respect to the AEA, and it is not in harmony with the very object of the Act as expressed by those who created it, e.g., see H. of R., Alien Enemies, May, 22nd, 1798

"Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion."


Also see:

ALIENS.

"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.
.

The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including deportation power, to deal with aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.

Let us keep in mind that our very own Supreme Court has emphatically stated "The intention of the lawmaker is the law."

See Hawaii v. Mankichi, 190 U.S. 197 (1903),

 

[Moonglow]

View attachment 1106795

untrue:
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not eliminate the need for a hearing before deportation for all immigrants. While it introduced provisions like "expedited removal" and "reinstatement of removal" that allowed for removal without a full hearing in certain circumstances, these provisions did not completely abolish the need for a hearing for all deportations.

Here's a more detailed explanation:

• Expedited Removal:
  .Opens in new tab
  This process allows certain individuals, particularly those who have been previously deported or who are apprehended at the border, to be removed from the country without a full hearing before an immigration judge.
  
  
• Reinstatement of Removal:
  .Opens in new tab
  This provision enables immigration authorities to remove individuals who re-enter the country illegally after having been previously deported, even if they have subsequently become eligible for a green card or other immigration relief, without a hearing.
  
  
• Traditional Removal Hearings:
  .Opens in new tab
  Despite the introduction of expedited and reinstatement removal procedures, the IIRIRA still provides for traditional removal hearings before an immigration judge for many cases. These hearings allow the individual to present their case and potentially argue for relief from deportation.
  
  
• IIRIRA's Impact:
  .Opens in new tab
  While IIRIRA did not eliminate all hearing requirements, it significantly expanded the scope of deportation and made it easier to remove individuals from the country, even for relatively minor offenses. It also introduced new grounds for exclusion and inadmissibility for certain students and other individuals

 

[scruffy]

We are not in a declared war with Venezuela, and Venezuelan army has not invaded us.

It doesn't matter. The AEA is very specifically worded. You should read it.

 

[scruffy]

Well, ElSalvador says they are being paid to hold him, but didn't have evidence from our govt he was MS 13, so they moved him out of cecot, and in to a normal prison. They said they have no reason to hold him in prison other than the USA request. He committed no crimes in ElSalvador and has no record.


If this were a simple deportation as you claim, Garcia simply would have been sent back and freed in to ElSalvador.

That's what I said in the first place.

He needs to litigate his case in El Salvador.

 

[scruffy]

Judge Rodriguez lied that an actual war is required to invoke Alien Enemies Act​

That is your personal opinion with respect to the AEA, and it is not in harmony with the very object of the Act as expressed by those who created it, e.g., see H. of R., Alien Enemies, May, 22nd, 1798

"Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion."


Also see:

ALIENS.

"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.
.

The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including deportation power, to deal with aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.

Let us keep in mind that our very own Supreme Court has emphatically stated "The intention of the lawmaker is the law."

See Hawaii v. Mankichi, 190 U.S. 197 (1903),

You are correct. Actual war is not required.

 

[John Edgar Slow Horses]

Why are the MAGAtMINIONS subverting the AEA and trying to expand its power?

 

[ThisIsMe]

The judge was right. And if this were a Democrat in office, you guys would agree with the judge's decision.

If a Democrat were in office, they wouldn't be trying to prevent them from coming, but even if they did, the judges wouldn't be fighting against them.

 

[ThisIsMe]

Who do you want to skip due process for next, speeders, tax payers, blacks, whites, gun owners, cops. Skipping due process is the slippery slope to hell, and not what got us 250 plus years.

This is a red herring. You are trying to imply that, if we try to remove illegals without a hearing, that somehow this will lead to citizens being denied due process.

What is your remedy to a problem to a system that is backlogged by up to...6 years? And that is with the illegals we have currently, but when a democrat gets back into office, they will open the border again and allow tens of millions more to come. They are creating a problem that can never be solved, and many think they don't want it to be solved

 

[White 6]

This is a red herring. You are trying to imply that, if we try to remove illegals without a hearing, that somehow this will lead to citizens being denied due process.

What is your remedy to a problem to a system that is backlogged by up to...6 years? And that is with the illegals we have currently, but when a democrat gets back into office, they will open the border again and allow tens of millions more to come. They are creating a problem that can never be solved, and many think they don't want it to be solved

 

[ThisIsMe]

That is not what our constitution says, and you know it.

Who was the cotus written for? If you say everyone, then you agree that the cotus rights apply to everyone? So you'd have to agree then, that any illegal who crossed into our country from anywhere in thread world, can legally walk into a gun store and buy firearms?

 

[ThisIsMe]

View attachment 1107453

So you answer your red herring with another red hereings? We gotta stop this, we're running out of herrings!

 

[ThisIsMe]

I can easily see kicking them out, but not sending to prison in a foreign country, without some kind of trial before a judge.

Therein is the problem, when do you expect all these millions of illegals will have a trial? The year 3055?

 

[ThisIsMe]

No war. You lose. Trump loses. Congress needs to pass a law. Remember them?

"I've got a pen and a phone" "I'll go around congress"


Remember those words?

Also, congress did pass laws on illegal immigration and you guys are crapping all over them