See: Trump must give some Venezuelan migrants 21 days’ notice before deportations, judge rules 1
April 22, 2025
What Judge Sweeney suspiciously avoids to note in her written opinion is, under Section 1 of the Enemies Alien Act, the President is delegated an extraordinary power totally separate from aliens charged by “complaint” under Section 2, and it includes an unobstructed discretionary deportation power to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, to pose a threat to the general welfare of the United States and her citizens.
With respect to Section 1’s extraordinary power, the only process which may be due an alien when secured for deportation is a writ of habeas corpus, and it would be limited to determining whether or not the subject in question is in fact an alien and not a citizen of the United States.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [a United States District Judge] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47
April 22, 2025
The fact is, under Section 2 of the Alien Enemies Act, those charged by “complaint” are entitled to the process outlined within Section 2.A federal judge in Colorado directed President Donald Trump’s administration on Tuesday to give Venezuelan migrants detained in that state notice 21 days in advance before any deportations under a law historically used only in wartime, and to inform them of their right to challenge their removal.
What Judge Sweeney suspiciously avoids to note in her written opinion is, under Section 1 of the Enemies Alien Act, the President is delegated an extraordinary power totally separate from aliens charged by “complaint” under Section 2, and it includes an unobstructed discretionary deportation power to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, to pose a threat to the general welfare of the United States and her citizens.
With respect to Section 1’s extraordinary power, the only process which may be due an alien when secured for deportation is a writ of habeas corpus, and it would be limited to determining whether or not the subject in question is in fact an alien and not a citizen of the United States.
JWK
”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [a United States District Judge] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47