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

[johnwk]

Did the illegals give us 21 days' notice before they crossed into our county?

An excellent question for Judge Sweeney to answer.

 

[Care4all]

Judges may not rule from the bench.

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

What existing law did the judge contradict?

 

[Mac-7]

What existing law did the judge contradict?

I think the rogue judge pulled a new law out of his ass

 

[Foxfyre]

Vichy Progressive Socialist Communist judges.

I don't know if they are communist or not. Just 'woke' and clueless about what the judiciary should be and what makes for a strong, free, prosperous America.

 

[BackAgain]

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?

I’m not a fan of the SCOTUS making up shit on the fly, either.

By even if (for practical reasons) some “due process” is demanded, even the SCOTUS didn’t say 21 days.

If a “reasonable” amounts nt of time is required (which would any a matter I have major qualms about), it still isn’t up to SCOTUS to legislate that amount of time.

 

[Rawley]

It says what I said.... A notice and reasonable amount of time must be given.... Each person may be different depending on their own circumstance and complications...the immigration courts are pretty jammed up.....and they have to find a lawyer to represent themselves and gather evidence if needed. It seems like 3 weeks is reasonable for all that to happen....maybe it could be done in 2 weeks or less on cases less complicated? Depends on court availability in that district....too!

Seems like they've all been on notice for some time now.

 

[scruffy]

It says what I said.... A notice and reasonable amount of time must be given.... Each person may be different depending on their own circumstance and complications...the immigration courts are pretty jammed up.....and they have to find a lawyer to represent themselves and gather evidence if needed. It seems like 3 weeks is reasonable for all that to happen....maybe it could be done in 2 weeks or less on cases less complicated? Depends on court availability in that district....too!

An arrest is adequate notice.

7 days detention is enough time to find a lawyer.

 

[Freedomisneverfree]

This is TOTAL BS! Get these illegals out of here!

 

[DigitalDrifter]

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

Now that's too funny! When Obama deported 3 million, do you really think all of them got their 'due process'? How about Bill Clinton who, when you count returns and removes, deported over 10 million?

 

[johnwk]

What existing law did the judge contradict?

The Alien Enemies Act which she quoted in her order.

 

[johnwk]

I’m not a fan of the SCOTUS making up shit on the fly, either.

By even if (for practical reasons) some “due process” is demanded, even the SCOTUS didn’t say 21 days.

If a “reasonable” amounts nt of time is required (which would any a matter I have major qualms about), it still isn’t up to SCOTUS to legislate that amount of time.

The "process" which seems to be "due" to those restrained and scheduled for deportation seems to be a writ of habeas corpus, and it would be limited to determining whether or not the subject in question is in fact a foreign national, and not a citizen of the United States.

 

[Zincwarrior]

Now that's too funny! When Obama deported 3 million, do you really think all of them got their 'due process'? How about Bill Clinton who, when you count returns and removes, deported over 10 million?

Yes, he did, you fucker.

 

[Seymour Flops]

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

Where did she pull the 21 Days from? The usual location?

Why not 20 or 22?

 

[Care4all]

Seems like they've all been on notice for some time now.

I don't think that's the type of notice the Supreme court is talking about....

 

[Care4all]

I think the rogue judge pulled a new law out of his ass

What law did he pull out of his ass???

 

[Rawley]

I don't think that's the type of notice the Supreme court is talking about....

Most of them have already been in custody for at least 21 days. I'd argue that is notice.

 

[Care4all]

Most of them have already been in custody for at least 21 days. I'd argue that is notice.

There's been a lot of moving them from one state facility to another state....a recent court ruling says their due process request/habeas corpus has to be done/made in the State they are being held...

Looks like the admin is moving them out of their own state to other states and then other states again, to skirt the prisoner's ability to get counsel or representation in a due process procedure??? I dunno?

 

[johnwk]

Where did she pull the 21 Days from?

When she tyrannically assumed legislative powers.

 

[MarathonMike]

Where did she pull the 21 Days from? The usual location?

Why not 20 or 22?

The Constitution clearly states "When a political party is angry about losing an election, they are given the authority to twist the words of the Constitution to their liking, or just make things up".

 

[The Sage of Main Street]

I don't know if they are communist or not. Just 'woke' and clueless about what the judiciary should be and what makes for a strong, free, prosperous America.

Scrooges Pay the Courts Even More Than They Pay the Coyotes

Communists who are owned by cheap-labor Capitalists?