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highplainsdem

(59,632 posts)
Sat Mar 15, 2025, 06:01 PM Mar 2025

Marc Elias: 🚨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798

Posted on Bluesky minutes ago:

🚨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798. “A TRO is appropriate for the class members to prevent the removal of the class.”

WOW. Planes in air must turn around.

A huge win @democracyforward.org and @aclu.org.

Marc Elias (@marcelias.bsky.social) 2025-03-15T22:52:38.134Z


Marc Elias
‪@marcelias.bsky.social‬

🚨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798. “A TRO is appropriate for the class members to prevent the removal of the class.”

WOW. Planes in air must turn around.

A huge win @democracyforward.org and @aclu.org.

March 15, 2025 at 5:52 PM



EDITING to link to a Bluesky page with a very long thread about the hearing from Aaron Reichlin-Melnick, Senior Fellow at the American Immigration Council.

Listening in on this now. Apparently Chief Judge Boasberg is wearing casual clothes because he went away for the weekend and didn't bring his robes with him.

Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-03-15T21:02:40.801Z


Be sure to click where it says "Continue thread" to get all the posts.
37 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Marc Elias: 🚨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798 (Original Post) highplainsdem Mar 2025 OP
K and R BadgerMom Mar 2025 #1
It was posted in our LBN this afternoon by BumRushDaShow FakeNoose Mar 2025 #12
Sure IS very good news indeed! calimary Mar 2025 #26
The planes DID NOT TURN AROUND NotHardly Mar 2025 #31
RECO... NavyDem Mar 2025 #2
Adding that MeidasTouch video: highplainsdem Mar 2025 #4
I believe that only Congress can declare war!? h2ebits Mar 2025 #8
That's the way it's supposed to work, yes. ShazzieB Mar 2025 #21
Congress, long, long ago... reACTIONary Mar 2025 #35
Thank YOU! h2ebits Mar 2025 #36
Not seeing the planes turning around yet MissB Mar 2025 #3
What happens to the pilots, or anyone else MadameButterfly Mar 2025 #5
Yep. Unclear if these are military or commercial pilots/planes. MissB Mar 2025 #7
They may not know Polybius Mar 2025 #33
Outstanding!!! SheltieLover Mar 2025 #6
ding ding ding dingx 1000 AllaN01Bear Mar 2025 #9
Thanks for doing the work on this. mahatmakanejeeves Mar 2025 #10
Marc Elias is an amazing lawyer. So glad we have him. SunSeeker Mar 2025 #11
Trump Administration Appears to Launch 'Alien Enemies Act' Deportation Program mahatmakanejeeves Mar 2025 #13
It's just like the Orange Hellbeast to assume that he has the right to redefine "attack"... ShazzieB Mar 2025 #22
it seems we must all go to law school now. SleeplessinSoCal Mar 2025 #14
DOJ is arguing Trump can unilaterally deport anyone he chooses, without any statutory authority IrishBubbaLiberal Mar 2025 #15
Well the SC seemed to imply he could do what ever the fuck he wanted progressoid Mar 2025 #17
I think this will open the door at a minimum to denial of due process, and not just what is happening to with these JohnSJ Mar 2025 #16
Why does the Alien Enemies Act still exist in 2025? SSJVegeta Mar 2025 #18
Guessing because it has never been repealed ? MichMan Mar 2025 #24
Feeling like reparations to Japanese Americans mightve been a great time to repeal it. SSJVegeta Mar 2025 #28
Hey fat donnie....how do you deal with soooo much winning? PortTack Mar 2025 #19
Does this mean all deportations since he took office aren't legal? MichMan Mar 2025 #20
a laotion woman who has lived in wis since she was a 8m old was rounded up by trump + taken to a site. pansypoo53219 Mar 2025 #23
Wow. Quiet Em Mar 2025 #25
Another impeachable offense Beachnutt Mar 2025 #27
Fascinating and that's JMCKUSICK Mar 2025 #29
THANK YOU, Marc Elias! calimary Mar 2025 #30
This is scary. Dem_Fan Mar 2025 #32
Welcome to DU. They should go but not under the Alien Enemies Act Quixote1818 Mar 2025 #34
Welcome to DU LetMyPeopleVote Mar 2025 #37

BadgerMom

(3,377 posts)
1. K and R
Sat Mar 15, 2025, 06:13 PM
Mar 2025

I got a banner that this had been invoked. I came here and found nothing. Then this. I’m not sure where we are right now, but this whole story is big.

FakeNoose

(39,999 posts)
12. It was posted in our LBN this afternoon by BumRushDaShow
Sat Mar 15, 2025, 07:14 PM
Mar 2025
https://www.democraticunderground.com/?com=view_post&forum=1014&pid=3418756

At that time the federal judge hadn't ruled yet. So Marc Elias' post is an update, and it's very good news indeed.

calimary

(88,861 posts)
26. Sure IS very good news indeed!
Sat Mar 15, 2025, 09:54 PM
Mar 2025

We need all and as much of that kind of news we can possibly get.

Because the GOPers have a VERY well-established and well-developed media penetration. And the Dems are just starting to try to look to find their footing.

NotHardly

(2,557 posts)
31. The planes DID NOT TURN AROUND
Sun Mar 16, 2025, 11:57 AM
Mar 2025

Trump & his administration ignored the courts order.
We have a lawless president who neither respects nor follows court orders. Ball's in our court now ... whacha gonna do about that?

NavyDem

(567 posts)
2. RECO...
Sat Mar 15, 2025, 06:15 PM
Mar 2025

FUCKING MEND!

I was just watching MTN breaking news that the fucking NAZI invoked that act. I hope the courts hold. It's the only defense we have now.

ShazzieB

(22,148 posts)
21. That's the way it's supposed to work, yes.
Sat Mar 15, 2025, 08:43 PM
Mar 2025

Hardly anything is working the way it's supposed to work right now, of course, but fwiw...

reACTIONary

(6,950 posts)
35. Congress, long, long ago...
Sun Mar 16, 2025, 06:16 PM
Mar 2025

... authorized the president to exercise defacto war powers during times of "emergency", and in other conditions. For instance, there was never a declaration of war during the Vietnam conflict. It was euphemistically termed a "police action" if I remember correctly.

WWII, again, if I remember correctly, was officially declared by congress. I think it was the last conflict that was conducted under a specific "declaration of war".

There is a concern that modern warfare cannot be conducted under the rules laid out in the 18th century when the constitution was written. But the Alien Enemies act was also written in the 18th century, so it may be that the understanding of the time, that is, a formal declaration of war, may hold.

MadameButterfly

(3,725 posts)
5. What happens to the pilots, or anyone else
Sat Mar 15, 2025, 06:22 PM
Mar 2025

responsible if the planes don't turn around?
This is the test

MissB

(16,340 posts)
7. Yep. Unclear if these are military or commercial pilots/planes.
Sat Mar 15, 2025, 06:24 PM
Mar 2025

It is a fucking nightmare of a Saturday night test.

Polybius

(21,394 posts)
33. They may not know
Sun Mar 16, 2025, 02:26 PM
Mar 2025

I doubt they're watching the news, and they may not have been notified.

mahatmakanejeeves

(68,014 posts)
10. Thanks for doing the work on this.
Sat Mar 15, 2025, 07:09 PM
Mar 2025

I’m adding a link to Just Security’s litigation tracker. It’s growing wearisome keeping up with all this. Which is by design.

"This is THE destination right now ... Every legal challenge to Trump's agenda, it's there on Just Security."

Reposted by Domestic Enemy Hat

‪Ryan Goodman
‪@rgoodlaw.bsky.social‬

Follow
“This is THE destination right now ... Every legal challenge to Trump’s agenda, it’s there on Just Security.”

-
@erinburnett.bsky.social @cnn.com


Thanks to the team that produces
@justsecurity.org's Litigation Tracker, which is located here:
https://www.justsecurity.org/107087/tracker-litigation-legal-challenges-trump-administration/

March 13, 2025 at 8:52 PM

“This is THE destination right now ... Every legal challenge to Trump’s agenda, it’s there on Just Security.”

- @erinburnett.bsky.social @cnn.com

Thanks to the team that produces @justsecurity.org's Litigation Tracker, which is located here:
www.justsecurity.org/107087/track...

Ryan Goodman (@rgoodlaw.bsky.social) 2025-03-14T00:52:48.405Z

mahatmakanejeeves

(68,014 posts)
13. Trump Administration Appears to Launch 'Alien Enemies Act' Deportation Program
Sat Mar 15, 2025, 07:16 PM
Mar 2025
Trump Administration Appears to Launch ‘Alien Enemies Act’ Deportation Program

by Ryan Goodman
March 15, 2025

{snip}

The use of the Alien Enemies Act is not consistent with the text of the statute or past U.S. practice dating to the WWII era (the last time it was invoked) and earlier, according to legal experts. By its terms, the Act applies only when there is a “declared war between the United States and any foreign nation or government” or an “invasion” perpetrated “against the territory of the United States by any foreign nation or government.”

“The constitutional text makes clear that invasion refers to an actual attack,” wrote Ilya Somin, a law professor at the Antonin Scalia Law School at George Mason University. (1) “The absurdity” of the administration’s position “becomes even more clear when we recall that the invasion provisions of the Constitution – especially the Guarantee Clause – were understood to protect not only against foreign invasion, but against invasions of one state by another.” It is unclear how the administration could lawfully assert that the Venezuelan gang could constitute a “foreign nation or government” for purposes of the Act.

{snip}

(1)
About the Author(s)
Ilya Somin

Ilya Somin (Bluesky - LinkedIn - X) is Professor of Law at George Mason University, B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, and author of Free to Move: Foot Voting, Migration and Political Freedom.

ShazzieB

(22,148 posts)
22. It's just like the Orange Hellbeast to assume that he has the right to redefine "attack"...
Sat Mar 15, 2025, 08:54 PM
Mar 2025

...or any other word he wants to redefine. Regardless of what the Constitution may already say about it.

Way to go, dickweed!

SleeplessinSoCal

(10,366 posts)
14. it seems we must all go to law school now.
Sat Mar 15, 2025, 07:16 PM
Mar 2025

If we want any rights at all, we need to know the law and when it's being abused by our own Department of Justice. #Insane.

 

IrishBubbaLiberal

(2,561 posts)
15. DOJ is arguing Trump can unilaterally deport anyone he chooses, without any statutory authority
Sat Mar 15, 2025, 07:22 PM
Mar 2025
https://www.rawstory.com/trump-brief-terrifying-court-deport/

Holy crap. The DOJ is arguing that the President can unilaterally deport anyone he wants without ANY statutory authority, just on his inherent authority as President over national security. That is a terrifying claim to make and has never been recognized before in US history.


NEWS: DOJ asks the D.C. Circuit to "halt" the district court in response to the TRO blocking the Trump administration from immediately deporting 5 men without any process. DOJ asks for an "immediate administrative stay" allowing the deportations.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.41844/gov.uscourts.cadc.41844.01208720416.0.pdf
 

JohnSJ

(98,883 posts)
16. I think this will open the door at a minimum to denial of due process, and not just what is happening to with these
Sat Mar 15, 2025, 07:24 PM
Mar 2025

Venezolanos, but apply to all deportations that are trying to use this.

This is an extremely dangerous act, that should have been repealed years ago for so many reasons.

https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts#:~:text=Alien%20Enemies%20Act,-Alien%20Enemies%20Act&text=Under%20this%20law%2C%20the%20president,those%20subject%20to%20the%20law.


MichMan

(16,532 posts)
24. Guessing because it has never been repealed ?
Sat Mar 15, 2025, 09:10 PM
Mar 2025

FDR used it in WWII to put Japanese Americans in detentions camps

SSJVegeta

(2,240 posts)
28. Feeling like reparations to Japanese Americans mightve been a great time to repeal it.
Sat Mar 15, 2025, 10:00 PM
Mar 2025

MichMan

(16,532 posts)
20. Does this mean all deportations since he took office aren't legal?
Sat Mar 15, 2025, 08:34 PM
Mar 2025

Will anyone already deported have to be brought back?

pansypoo53219

(22,853 posts)
23. a laotion woman who has lived in wis since she was a 8m old was rounded up by trump + taken to a site.
Sat Mar 15, 2025, 09:03 PM
Mar 2025

has kids + an american mate. hope she is back soon.

Quiet Em

(2,520 posts)
25. Wow.
Sat Mar 15, 2025, 09:51 PM
Mar 2025

Saw the story tonight after a post by angry chair linked to the news about it from BumRushDaShow in the LBN forum. My husband and I discussed it at dinner. I told him I expected it to go to the courts, but I never imagined it would happen this fast and a ruling would happen this fast. This is great news!!!

JMCKUSICK

(4,943 posts)
29. Fascinating and that's
Sat Mar 15, 2025, 10:30 PM
Mar 2025

Without direct access to all the lies that DOJ assumedly told or certainly withheld.
Thank you for posting and yes, thank you to all of the outstanding lawyers that are and have been the last line of defense for our democracy.

Dem_Fan

(1 post)
32. This is scary.
Sun Mar 16, 2025, 12:29 PM
Mar 2025

Is this the same thing?




If so, did they illegally defy the judge's order?

What can be done to stop this madness? Serious question here, I don't know what action can be taken by whom to rectify this situation.

Quixote1818

(31,116 posts)
34. Welcome to DU. They should go but not under the Alien Enemies Act
Sun Mar 16, 2025, 05:08 PM
Mar 2025

Law experts fear that invoking the act would also open the door for targeting and deporting others, regardless of their status or criminal records. They give the example of how we put Japanese people in internment camps during WWII under that act and they were legal citizens. That's the issue at hand.

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