Federal Judge Halts Deportations After Trump Invokes Alien Enemies Act.

[0311]

Appeals Court Denies Trump's Bid To Resume Depositions Under Enemy Aliens Act.

https://www.politico.com/news/2025/03/26/alien-enemies-act-trump-denied-court-00252157

The 2-1 ruling by a panel of the D.C. Circuit Court of Appeals is another blow to Trump’s effort to deploy wartime powers to quickly deport hundreds of people he claims are members of the gang, Tren de Aragua, which he has designated as a terrorist group. It maintains the decision of U.S. District Judge James Boasberg, who blocked Trump’s deportation order earlier this month amid questions about its constitutionality.

Trump has tried to invoke the Alien Enemies Act of 1798 — a rarely used law that grants the president special powers during times of war — to swiftly deport alleged gang members with little due process. Lawyers for some of the people targeted say their clients are not affiliated with the gang at all.

Wednesday’s splintered ruling featured different rationales even from the two judges who agreed to maintain Boasberg’s temporary block on Trump’s deportations: Judge Karen Henderson, an appointee of President George H.W. Bush, and Judge Patricia Millett, an appointee of President Barack Obama.

 

[teddyearp]

Appeals Court Denies Trump's Bid To Resume Depositions Under Enemy Aliens Act.

https://www.politico.com/news/2025/03/26/alien-enemies-act-trump-denied-court-00252157

The 2-1 ruling by a panel of the D.C. Circuit Court of Appeals is another blow to Trump’s effort to deploy wartime powers to quickly deport hundreds of people he claims are members of the gang, Tren de Aragua, which he has designated as a terrorist group. It maintains the decision of U.S. District Judge James Boasberg, who blocked Trump’s deportation order earlier this month amid questions about its constitutionality.

Trump has tried to invoke the Alien Enemies Act of 1798 — a rarely used law that grants the president special powers during times of war — to swiftly deport alleged gang members with little due process. Lawyers for some of the people targeted say their clients are not affiliated with the gang at all.

Wednesday’s splintered ruling featured different rationales even from the two judges who agreed to maintain Boasberg’s temporary block on Trump’s deportations: Judge Karen Henderson, an appointee of President George H.W. Bush, and Judge Patricia Millett, an appointee of President Barack Obama.

Couple things. 'tried to invoke a 1798 law'. The law is still on the books and has been amended since.

Two, proof that they're members of a gang' is not required by the law. Does it need to be per the presidential proclamation of an invasion according the the law?

 

[0311]

Couple things. 'tried to invoke a 1798 law'. The law is still on the books and has been amended since.

Two, proof that they're members of a gang' is not required by the law. Does it need to be per the presidential proclamation of an invasion according the the law?

Pay very close attention:

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Under what conditions can the president invoke the Alien Enemies Act?
The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No foreign power has invaded the United States. No Predatory Incursion has happened. Zero military threat. There is no valid reason invoke this act. By the way, when the United States declare war on Argentina or Venezuela? NO formal Declaration of War. No Foreign Power has threatened the United States. In plain language, no reason to invoke this act exists..

 

[teddyearp]

Pay very close attention:

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Under what conditions can the president invoke the Alien Enemies Act?
The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No foreign power has invaded the United States. No Predatory Incursion has happened. Zero military threat. There is no valid reason invoke this act. By the way, when the United States declare war on Argentina or Venezuela? NO formal Declaration of War. No Foreign Power has threatened the United States. In plain language, no reason to invoke this act exists..

You forget the key parts of the law. Mainly this:

"and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies"

50 U.S. Code § 21 - Restraint, regulation, and removal

www.law.cornell.edu

The President made said proclamation as required by law on jan 29, 2026:

https://www.federalregister.gov/documents/2025/01/29/2025-01948/declaring-a-national-emergency-at-the-southern-border-of-the-united-states

 

[irosie91]

You forget the key parts of the law. Mainly this:

"and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies"

50 U.S. Code § 21 - Restraint, regulation, and removal

www.law.cornell.edu

The President made said proclamation as required by law on jan 29, 2026:

https://www.federalregister.gov/documents/2025/01/29/2025-01948/declaring-a-national-emergency-at-the-southern-border-of-the-united-states

oh gee-----seems a little draconian----but useful in times of stress

 

[Jroc]

Pay very close attention:

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Under what conditions can the president invoke the Alien Enemies Act?
The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No foreign power has invaded the United States. No Predatory Incursion has happened. Zero military threat. There is no valid reason invoke this act. By the way, when the United States declare war on Argentina or Venezuela? NO formal Declaration of War. No Foreign Power has threatened the United States. In plain language, no reason to invoke this act exiswing

Thats an opinion piece by left wing progressive group you'd do better to post the actual text of the ACT Itself not an opinion piece ....and those Venezuelan gang members were sent here by the president of Venezuela...that is an invasion... Why do you support so strongly Killers, rapist and murders sent here by the Venezuelan president?

Brennan Center for Justice
Nonprofit

The Brennan Center for Justice at New York University School of Law is a liberal or progressive nonprofit law and public policy institute.

 

[johnwk]

Unfortunately, Judge Karen Henderson, in her written opinion to shut down some of Trump’s deportations, confused the legislative intent of the Alien Enemies Act.​

Judge Henderson went to extraordinary lengths in her written opinion to selectively quote from the Congressional Debates covering the creation of the Alien Enemies Act, and focused on statements in opposition to the Act while ignoring responses given to those statements in opposition, and she also focused on sources other than the actual debates, supposedly to ferret out and arrive at the legislative intent of the Act and evil to be addressed.

Having pointed the above out, on May, 16th, 1798, we find the following in the Congressional Record, House of Representatives, page 1725:

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.” ___ LINK

And later, on May, 22nd, Congressional Record, House of Representatives, page 1791, we find:

“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.”___ LINK

So, ferreting out and arriving at the legislative intent and evil to be addressed by the Alien Enemies Act, is not as complicate as Judge Henderson presented, which was obviously done by her to complicate and confuse the question.

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

 

[scruffy]

All I’m asking is that the administration go before a judge before accepting that these individuals are who you say they are.

That’s called due process. It’s in the constitution.

You’re being emotionally manipulated.

ICE: Many Alleged Gang Members Deported Had No U.S. Criminal Records

Under Trump, many deported alleged gang members lacked U.S. criminal records, raising legal and ethical concerns about immigration enforcement practices.

www.visaverge.com

Nope.

Illegal aliens are deportable.

Period.

 

[scruffy]

And what if they’re not actually in the gang?

Then they wouldn't have gang tats.

You can not find even a single person anywhere on the planet, who has TdA tats without being a member of the TdA gang.

 

[scruffy]

The part where we aren’t sure if they’re criminal gang members or not.

YOU aren't sure.

The rest of us have 100% confidence.

 

[scruffy]

They’re not a country and army. That’s what invasion refers to.

Doofus, they invaded apartment buildings. In MY country. They gotta go. Get em the fuck outta here

 

[scruffy]

The courts decide what rights they do and don’t have.

They already did.

Not Trump.

Yes, Trump. I refer you to Title 8 of the US Code, which I've posted three times already.

If you start letting presidents ignore the courts, it’s a step towards a bad place.

Biden was a bad place.

We're trying to fix his mess.

BIDEN was the guy who let these criminal terrorist gangsters in

 

[scruffy]

Appeals Court Denies Trump's Bid To Resume Depositions Under Enemy Aliens Act.

https://www.politico.com/news/2025/03/26/alien-enemies-act-trump-denied-court-00252157

The 2-1 ruling by a panel of the D.C. Circuit Court of Appeals is another blow to Trump’s effort to deploy wartime powers to quickly deport hundreds of people he claims are members of the gang, Tren de Aragua, which he has designated as a terrorist group. It maintains the decision of U.S. District Judge James Boasberg, who blocked Trump’s deportation order earlier this month amid questions about its constitutionality.

Trump has tried to invoke the Alien Enemies Act of 1798 — a rarely used law that grants the president special powers during times of war — to swiftly deport alleged gang members with little due process. Lawyers for some of the people targeted say their clients are not affiliated with the gang at all.

Wednesday’s splintered ruling featured different rationales even from the two judges who agreed to maintain Boasberg’s temporary block on Trump’s deportations: Judge Karen Henderson, an appointee of President George H.W. Bush, and Judge Patricia Millett, an appointee of President Barack Obama.

Are you aware that Karen Henderson previously ruled that illegal aliens aren't even "persons" under the US Constitution?

True dat.

Look it up.

 

[j-mac]

A federal judge has ordered an immediate hold on efforts by President Donald Trump to quickly deport Venezuelan nationals under rarely used wartime powers intended to resist a foreign invasion — and demanded the return of planes already headed to Central America.

https://www.politico.com/news/2025/03/15/trump-deportation-lawsuit-00232121

U.S. District Judge James Boasberg on Saturday ordered the Trump administration to immediately halt efforts to remove those Venezuelan migrants until he has more time to consider whether Trump’s use of the Alien Enemies Act was illegal.

The lawsuit, brought on behalf of five named Venezuelan immigrants, was provisionally turned into a class action — meaning it serves as a block on deportation of all non-citizens in U.S. custody who are subject to Trump’s proclamation invoking the rarely-used law.

Not going to work dummy.

 

[M14 Shooter]

No war has been declared. No foreign power has invaded the United States. No Predatory Incursion has happened. Zero military threat. There is no valid reason invoke this act. By the way, when the United States declare war on Argentina or Venezuela? NO formal Declaration of War. No Foreign Power has threatened the United States. In plain language, no reason to invoke this act exists..

Pay very close attention:
The President makes this call; his is the sole authority to do so.

 

[johnwk]

Are you aware that Karen Henderson previously ruled that illegal aliens aren't even "persons" under the US Constitution?

True dat.

Look it up.

Those who have actually reviewed the CONGRESSIONAL DEBATES: ALIEN ENEMIES, beginning at page 1785 will certainly find, by a preponderance of evidence, the primary object of An Act Respecting Alien Enemies was to delegate extraordinary powers to the President to deal with aliens on American soil who may threaten the general welfare of the United States and her citizens.

Judge Henderson omitted the overwhelming evidence contradicting what she quoted from the debates to arrive at her conclusion found in her WRITTEN OPINION e.g.,


Mr. Otis defends the bill and discretionary power delegated to the president P. 1790-1791

Mr. O. believed, that, to provide for this detention of the person, was all Congress could now do. If the bill was recommitted, he did not think any definite provision could be made. It was necessary the President should have the power of judging in this case, and that punishment ought not to depend upon the slow operations of a trial.

Motion to recommit bill failed

Mr. R. Williams moved a recommitment of the bill. He said his objections did not lie so much against the provisions respecting aliens, as to the power proposed to be given to the President of issuing proclamations, which are to be binding on the Judges and other officers with respect to our own citizens. He would wish to designate every offence. and its adequate punishment, as far as it could be done. In order to effect this, he made his motion. P.1793

Mr. Gallatin The present bill, Mr. G. said, was grounded upon the principle that the President of the United States shall have the power to do by proclamation what ought only to be done by law. . . . wants bill recommitted

 

[EvilCat Breath]

The judge ordered that deportations cannot continue under this act. So, get another act. Write a whole new act. Just deport under no act at all. Deport and don't tell anyone. Deport in the middle of the night. Deport in wooden packing containers. And make the lives of those who try to stay untenantable. Arrest all employers of invaders. Stop all public benefits. Make helping an invader a state and federal offense. And for GOD's sake, shut down those NGOs and resettlement offices. It's not enough to just defund them. Close them and jail all employees as aiders and abettors.

 

[Pappadave1]

Pay very close attention:

The Alien Enemies Act, Explained

This detention and deportation power poses an alarming risk of abuse and rights violations in both wartime and peacetime.

www.brennancenter.org

Under what conditions can the president invoke the Alien Enemies Act?
The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.

No war has been declared. No foreign power has invaded the United States. No Predatory Incursion has happened. Zero military threat. There is no valid reason invoke this act. By the way, when the United States declare war on Argentina or Venezuela? NO formal Declaration of War. No Foreign Power has threatened the United States. In plain language, no reason to invoke this act exists..

Nonsense, of course. The government of Venezuela opened up its own prisons and mental hospitals, releasing all sorts of criminals and then facilitated getting them to our southern border to cause all sorts of chaos within our country. THAT'S an invasion by a foreign government.

 

[Jroc]

Nonsense, of course. The government of Venezuela opened up its own prisons and mental hospitals, releasing all sorts of criminals and then facilitated getting them to our southern border to cause all sorts of chaos within our country. THAT'S an invasion by a foreign government.

Bought and paid for by Nicolás Maduro

 

[0311]

Nonsense, of course. The government of Venezuela opened up its own prisons and mental hospitals, releasing all sorts of criminals and then facilitated getting them to our southern border to cause all sorts of chaos within our country. THAT'S an invasion by a foreign government.

Two words. Prove it. Provide absolute proof positive this happened and you won't be able to because it never happened.