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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMarc Elias: 🚨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798
Posted on Bluesky minutes ago:
ð¨BREAKING: Federal Court GRANTS motion to HALT deportation under rarely invoked Alien Enemies Act of 1798. âA TRO is appropriate for the class members to prevent the removal of the class.â
— Marc Elias (@marcelias.bsky.social) 2025-03-15T22:52:38.134Z
WOW. Planes in air must turn around.
A huge win @democracyforward.org and @aclu.org.
@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.
BadgerMom
(3,377 posts)I got a banner that this had been invoked. I came here and found nothing. Then this. Im not sure where we are right now, but this whole story is big.
FakeNoose
(39,999 posts)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)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)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)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.
highplainsdem
(59,632 posts)h2ebits
(964 posts)Please help me out here. . . .Am I correct?
ShazzieB
(22,148 posts)Hardly anything is working the way it's supposed to work right now, of course, but fwiw...
reACTIONary
(6,950 posts)... 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.
h2ebits
(964 posts)MissB
(16,340 posts)We will see.
MadameButterfly
(3,725 posts)responsible if the planes don't turn around?
This is the test
MissB
(16,340 posts)It is a fucking nightmare of a Saturday night test.
Polybius
(21,394 posts)I doubt they're watching the news, and they may not have been notified.
SheltieLover
(76,123 posts)What action will the court take if slobby & co. continue?
AllaN01Bear
(28,475 posts)mahatmakanejeeves
(68,014 posts)Im adding a link to Just Securitys litigation tracker. Its 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
@rgoodlaw.bsky.social
Follow
This is THE destination right now ... Every legal challenge to Trumps agenda, its 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
âThis is THE destination right now ... Every legal challenge to Trumpâs agenda, itâs there on Just Security.â
— Ryan Goodman (@rgoodlaw.bsky.social) 2025-03-14T00:52:48.405Z
- @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...
SunSeeker
(57,441 posts)mahatmakanejeeves
(68,014 posts)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 administrations 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)
ShazzieB
(22,148 posts)...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)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)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
progressoid
(52,502 posts)JohnSJ
(98,883 posts)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.
SSJVegeta
(2,240 posts)MichMan
(16,532 posts)FDR used it in WWII to put Japanese Americans in detentions camps
SSJVegeta
(2,240 posts)PortTack
(35,810 posts)MichMan
(16,532 posts)Will anyone already deported have to be brought back?
pansypoo53219
(22,853 posts)has kids + an american mate. hope she is back soon.
Quiet Em
(2,520 posts)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!!!
Beachnutt
(8,873 posts)added to the list.
Abuse of Power
JMCKUSICK
(4,943 posts)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.
calimary
(88,861 posts)Keep 'em coming!
Dem_Fan
(1 post)Is this the same thing?
Link to tweet
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)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.