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Beiträge, die mit alienenemiesact getaggt sind


This Is the Land of Wolves Now

Masked agents snatching people off the street. Govt ofcls using caged prisoners for propaganda videos. We are the villains.

“They have clearly been posed by the jailers, forced to hold position so that they can be useful props for the American woman so that she can manufacture #propaganda for her regime.

“We have seen this kind of thing before. Just not from America.”

#Trump #law #immigration #AlienEnemiesAct #DueProcess #HumanRights
https://www.thebulwark.com/p/this-is-the-land-of-wolves-now?triedRedirect=true


"U.S. District Court Judge James Boasberg declined to lift a restraining order barring the Trump administration from using the Alien Enemies Act to deport #Venezuela-ns, determining #migrants are likely to succeed in pushing for hearings on whether they are in a gang."

Judge Boasberg affirms block on Trump's #deportations under #AlienEnemiesAct
https://thehill.com/regulation/court-battles/5210593-trump-boasberg-alien-enemies-act-deportation-venezuelans


Per Asha Rangappa:

Historical note: When President Lincoln *actually suspended* #HabeasCorpus under the Suspension Act of 1863, he was required to provide lists of all people detained who were not POWs to the circuit court. He complied. While prosecuting an *actual war*.

(Ex parte Milligan - https://www.law.cornell.edu/supremecourt/text/71/2%26nbsp)

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #Trump


They were not DEPORTED. Deported means sending them back to their country of origin. These people were sent to a maximum security #prison in #ElSalvador, without any #DueProcess or any analysis as to whether they feared harm there.

Flying a person to a third country that they may never have been to, directly into a prison where they are going to be forced to do hard labor, is not a #deportation; it's something else entirely.

#law #Constitution #immigration #AlienEnemiesAct #CivilRights #Trump


There are still serious concerns about the prior two flights WITH *alleged* [w/o #DueProcess there’s no way to verify & family members & attorneys have said the allegations are false in many cases] #AlienEnemiesAct detainees onboard that continued despite the judge's order.

#law #Constitution #immigration #14thAmendment #5thAmendment #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump


From the Sat night hearing:

#UnitedStates Govt attorney:

"Would this TRO apply to aliens that otherwise have final orders of removal, because from our perspective, that would be an independent basis to effectuate their removal?"
...
Judge #Boasberg: "That's fair. ... Yes, Mr. Ensign, I agree."

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump


#DOJ also argued that b/c it filed for a stay before the appeals court, it "should not be required to disclose sensitive information bearing on national security & foreign relations until that motion is resolved, especially given that this information is neither material nor time-sensitive."

[Not time-sensitive? They were literally flying people out if the country as fast as they could to avoid complying with the court’s order]

#law #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump


4. #Trump #DOJ says they will only give Judge #Boasberg answers on #compliance "through an in camera & ex parte declaration." (that is, they say will file a non-public declaration that he alone can see). They still give zero specific reasons other than handwaving at national security.

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess#Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower
The Court also ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM. The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs’ account of the facts, there was no violation of the Court’s written order (since the relevant flights left U.S. airspace, and so their occupants were “removed,” before the order issued), and the Court’s earlier oral statements were not independently enforceable as injunctions. The Government stands on those arguments. Moreover, given that the Government’s motion for a stay remains pending before the D.C. Circuit, the Government should not be required to disclose sensitive information bearing on national security and foreign relations until that motion is resolved, especially given that this information is neither material nor timesensitive. If, however, the Court nevertheless orders the Government to provide additional details, the Court should do so through an in camera and ex parte declaration, in order to protect sensitive information bearing on foreign relations.


NEW. The #Trump admin files its notice w/ Judge #Boasberg, saying:

1. Everyone on the third plane had a final order of removal, so was not deported under the #AEA

2. The Proclamation was signed Friday but didn't go into effect until posted on the WH website

3. #ICE alleges there are 258 known #TdA members in the US

#law #Constitution #AlienEnemiesAct #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower


Family members of Venezuelan migrants who suspect their loved ones were sent to El Salvador as part of a rapid US #deportation operation over the weekend are struggling to get more info as a legal battle plays out.

Advocates have launched a WhatsApp helpline for people searching for family members, while #immigration attorneys have tried to locate their clients after they went dark.

#law #Constitution #DueProcess #CivilRights #USpol #Trump #AbuseOfPower #AlienEnemiesAct
https://www.reuters.com/world/americas/relatives-missing-venezuelan-migrants-desperate-answers-after-us-deportations-el-2025-03-17/


#Boasberg did in fact mention #contempt as an aside earlier that I didn’t include.

Here’s the exact quote:

“Two more questions for Mr. Kambli (for the US govt) that don't relate to CONTEMPT / disobeying court orders. 1) Was Trump's Tren de Aragua proclamation signed in secret on Friday? Or on Saturday? Need to know timing & when US thinks it went into effect.”

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


With that, the hearing is over. The govt will file more information tomorrow, & it may again refuse to provide specific the information #Boasberg requested (but must explain why). There is a further hearing on the #TRO on Fri, & action in the DC Circuit Court where briefing ends Wed.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg with a sarcastic aside: "What I will hear from you by noon tomorrow — & I will memorialize in written form since apparently my oral orders don't carry much weight — is a written declaration" about the third flight & also the information he's previously ordered them to provide.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


Lee then says they're going to argue that the government should be required to give anyone subject to the #AEA a hearing before finding that they're covered, & they'll be seeking that later.

#Boasberg orders #DOJ to say how many people are designated under AEA. DOJ says again they may refuse.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg then asks how many people are subject to the proclamation & how many people are currently in #ICE custody.

#DOJ says they don't have it. #ACLU also says they don't have it, & points out that the proclamation is vague enough that it's hard for anyone to figure out who is subject.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg then asks the government about another issue; when was the Proclamation actually signed?

The #DOJ atty says that he does not have any information right now as to when the proclamation was signed, & Boasberg asks him to submit that information as well by noon tomorrow, & for the DOJ to provide an argument for when the proclamation went into effect.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


Lee Gelernt says it's "implausible" that they didn't believe they were bound by what #Boasberg said in court, but even if they did, it was obvious that the only proper action was to go back to the court & seek clarification or turn the plane around & appeal.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg then moves to Lee Gelernt of the #ACLU, asking him whether he wants to respond, & noting again that he doesn't plan to issue any rulings today about whether the order was violated.

Lee begins by pointing out the best way to deal with a #TRO they disagreed with was to obey & then appeal.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg points out again that his equitable powers as a judge do not stop at the U.S. border lines or in international airspace.

He pauses & says this is a complex question & it would be better to be arguing them on the basis of the #facts, pointing out again #DOJ didn't give them the facts.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg asks "You're saying that the president somehow has extra powers over a plane once it enters international airspace once it leaves US airspace?"

#DOJ basically says yes, then starts repeating previous arguments.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


Wow. #DOJ is arguing that #Trump has authority OUTSIDE the #AlienEnemiesAct in #InternationalWaters "that would not be subject to either orders."

#Boasberg seems skeptical at a minimum, & asks if the president's foreign power exists only once the plane crosses into international airspace?

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#DOJ is now arguing that this is a #ForeignPolicy issue & claims that the US would suffer if any TdA member weren't deported.

"I'm not calling into the question the government's foreign policy ... I'm just asking how you think my equitable powers do not attach to the plane ... ?"

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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg says just return the planes then figure out the answer, rather than simply ignoring the order.

#DOJ then says that isn't what they're arguing & then shifts to their third argument, which is inherent presidential authority to move military forces.

/again, these were not #military flights!

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg responds to that: "Isn't the response what you think is unconstitutional or improper or illegal injunction to seek modification or appeal?"

#DOJ says "when the planes are in the sky and there is sensitive national security, that's not a call that can be made."

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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#DOJ attorney begins saying the #law generally doesn't apply extraterritorially, and #Boasberg stops him, emphasizing that the question here is about his own equitable powers, not the Immigration and Nationality Act.

DOJ says the people had physically been removed so he no longer had jurisdiction.

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#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#DOJ says “no”, "removal" had already happened because they had already left US airspace.

#Boasberg says "the equitable power of the United States courts is not so limited," saying it's "pretty clear" that even if the enjoined acts were outside the territory of the US, you can't violate it.

"What argument do you have the equity stops at this country's borders"?

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump #AlienEnemiesAct


#Boasberg again gets #DOJ to confirm that they are arguing that because he didn't include every word of that language in the written order, they could simply ignore what he said.

DOJ lawyer says that's what his client [#Trump] has instructed him to argue. Boasberg is incredulous & keeps pushing back.

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct


#DOJ at first says they would be willing to submit a declaration but goes back their argument that they didn't violate the order, but then pushes back & says they won't until they can argue that they don't have to disclose any info at all.

#Boasberg asks for that to be part of noon tmw filing

Boasberg moves on to the core issue:

Did the #Trump admin violate the court’s order?

🧵
#law #Constitution #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct


#Boasberg: "The inquiry here is 'have they obeyed my order?'”

Boasberg notes #DOJ says they're representing no one on the third flight was subject to the #AEA, so Lee asks that they submit a sworn declaration.

Lee notes the govt is distinguishing between the AEA proclamation & a claimed inherent presidential authority, & asks for more on that.

🧵
#law #Constitution #immigration #Venezuela #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg cites case law that the govt is required to provide a clear reason before refusing to provide him classified or national security info.

He asks if the #DOJ can provide in writing tomorrow by noon what their position is communicating the info to him.

Boasberg to the DOJ: "Let me just tell you the questions that I wish you could answer, & that I will be asking you.”

🧵
#law #Constitution #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg is now questioning the government about the other 2 flights, which the government itself somewhat mentioned in its orders.

The government continues to refuse to disclose any information. Boasberg asks why it can't be said outside of the public, & the #DOJ attorney refuses to say why.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump


#Boasberg is now asking about a third flight identified by the #ACLU that they were asking about, which is I believe what the last bit was about. He gets the #DOJ to confirm no one on that plane was subject to the #AEA proclamation.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #AlienEnemiesAct #Trump
Plaintiffs also identify a third flight that departed later. Dkt. 21, at 4. That flight carried detainees who were removable on grounds other than the Proclamation and is therefore irrelevant. The government is able to disclose that limited fact for the same reason


#DOJ says that the only thing they are authorized to say is that the two flights which took off after the written order were not relevant to this case (which I guess is saying they had no one subject to the #AlienEnemiesAct #AEA on board?). He then claims #NationalSecurity & diplomacy mean he won't answer further.

🧵
#law #Constitution #14thAmendment #5thAmendment #DueProcess #immigration #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump


Even The Hill is noticing the illegal #deportation of #Venezuela-ns to #ElSalvador. The latter is going to receive six milllon dollars to keep people not guilty or convicted of any criminal act besides PERHAPS #immigration law violations in their shithole prisons for a single year.

Donald #Trump's deportations under #AlienEnemiesAct blasted as abuse of power
https://thehill.com/regulation/court-battles/5201906-trump-venezuelan-deportations/


What is the Alien Enemies Act Trump eyes for mass deportations?
The act requires the president to publicly proclaim the event that prompted the act to be invoked. The act remains in effect until the president terminates it.
#politics #law #immigration #USNews #AlienEnemiesAct #Deportations
https://globalnews.ca/news/10995854/alien-enemies-act-what-is-it-trump-deportations/