Judge Sweeney says aliens must be given 21-day notice before deportation under Alien Enemies Act

[MarcATL]

Good stuff.

 

[pknopp]

I wonder if judges should abide by the laws, too? Gee. What a poser of a question.

Trump isn't the law.

 

[Orangecat]

See: Trump must give some Venezuelan migrants 21 days’ notice before deportations, judge rules 1

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.

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

21 days of freedom to hide, or 21 days incarcerated?

 

[WEATHER53]

Arbitrary and capricious creation of a new law

 

[excalibur]

That's what would be called lawlessness.

His constitutional duty, is to take care of the law...not ignore it.

Nope, District Courts are creations of Congress, not in the Constitution.

Inferior courts cannot rule over Constitutional authority, only the one Supreme Court and that is limited to what the Founders gave it as to original jurisdiction, and perhaps on the Constitutionality of laws.


SCOTUS is co-equal, not mere creations of Congress as inferior courts are. That is where the Republic went off the rails.

 

[excalibur]

Actually the lower courts were told by the supreme court to do it and to determine a reasonable amount of time.

Not what SCOTUS said. They mentioned no setting of a number of days by lower courts. And that is because one court as here, could say 21 days, another 5-days, another 30 days (I believe a judge in the SDNY just did that for 10 or so detainees), etc.

SCOTUS said this:

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.​

https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf

 

[WEATHER53]

So they enter illegally and never get legal but they have all these obstructive “legalities” for their removal. Makes zero sense.

 

[BackAgain]

Trump isn't the law.

Nor did anybody say he is. So, once again, thanks for your utterly pointless non sequitur.

 

[scruffy]

All Trump has to do is, you know, follow the law, like every other administration.

You mean like Biden DIDN'T?

 

[scruffy]

Actually the lower courts were told by the supreme court to do it and to determine a reasonable amount of time.

Judges may not rule from the bench.

This one tried to contradict existing law. She's way out of scope.

 

[scruffy]

And Biden lost court cases too. Thats how it works.

Biden just ignored the courts. Even bragged about it. Is that what Trump should do?

 

[kyzr]

Biden just ignored the courts. Even bragged about it. Is that what Trump should do?

Yes he should ignore district courts. Trump should claim Article 2 authority until the USSC tells him otherwise.

 

[Zincwarrior]

You mean like Biden DIDN'T?

Yes, like he did.

 

[Care4all]

A judge making up the law isn’t the rule of law.

What would you think the Supreme court meant when they told the lower court that these deportees need to be given reasonable notice, so to have time to refute the accusations if they are false, before being deported?

Should the Supreme Court have determine the reasonable time period given instead of passing it down to the lower courts to determine this "reasonable" amount of time with notice?

 

[Care4all]

Biden just ignored the courts. Even bragged about it. Is that what Trump should do?

That's a Trumper lie my dear! Biden followed the SC decision on Student loans that went up to them. But he found another way, that was in line with their ruling, to issue some other loan forgiveness.

 

[excalibur]

Trump isn't the law.

But POTUS is the law in so many ways. Start with the DoJ.

 

[WEATHER53]

Giving someone time to thwart their exit for illegally entering is absolutely thought absent

 

[pknopp]

But POTUS is the law in so many ways. Start with the DoJ.

The DOJ enforces the law. They are not the law.

 

[drudge X]

But POTUS is the law in so many ways. Start with the DoJ.

Trump is the top cop in the nation. The DOJ reports to him. Leftists have a problem understanding that.

 

[22lcidw]

God help us all if we are ever militarily invaded with the current crop of 'woke' judges on the bench. Before we can shoot them or send them to POW camps we will have to give them 21 days notice we are going to do that?

I hope everyone is prepared to learn whatever language of whatever countries who would like to attack us because if these insane rulings stand, anybody can attack and defeat us.

Vichy Progressive Socialist Communist judges.