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In It to Win It

(12,303 posts)
Tue May 13, 2025, 02:30 PM May 2025

🚨 Judge Stephanie Haines finds Trump's proclamation COMPLIES with Alien Enemies Act BUT

WHOA. Judge Haines because the first judge to uphold Trump's Alien Enemies Proclamation, out of half a dozen so far. However, she rules that the Trump admin CANNOT rush people onto planes (as they've done multiple times already) and must give three weeks notices ahead of time.

Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) 2025-05-13T19:12:03.841Z



Roger Parloff
‪@rparloff.bsky.social‬

WD Pennsylvania Judge Stephanie Haines finds Trump's proclamation COMPLIES with Alien Enemies Act BUT govt is NOT currently providing adequate notice.
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https://storage.courtlistener.com/recap/gov.uscourts.pawd.318716/gov.uscourts.pawd.318716.72.0_4.pdf


She rejects both sides definitions of "predatory incursion," but adopts her own, which she says is satisfied. (It relies a lot on the fact that Secy Rubio designated Tren de Aragua a foreign terrorist organization in February.)
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She finds that 21 days notice is required (rather than the 12-24 hours now being used by govt) ...
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🚨 Judge Stephanie Haines finds Trump's proclamation COMPLIES with Alien Enemies Act BUT (Original Post) In It to Win It May 2025 OP
rump appointee struggle4progress May 2025 #1
Who is the enemy that Congress has declared as such. usaf-vet May 2025 #2
Sure doesn't seem like we're at war. We need the whole United States military to crush this gang? Walleye May 2025 #3
Exactly! usaf-vet May 2025 #4
She agrees with the administration Karma13612 May 2025 #5
I agree with your assessment. LauraInLA May 2025 #6
Totally disagree. This is a massive mistake Arazi May 2025 #7
A Trump-appointed judge disagrees with you. Ms. Toad May 2025 #8
I see your point. Karma13612 May 2025 #9

Walleye

(43,807 posts)
3. Sure doesn't seem like we're at war. We need the whole United States military to crush this gang?
Tue May 13, 2025, 02:45 PM
May 2025

Let them see the films from Ukraine if they want to know what a war really looks like and being invaded and attacked really looks like

Karma13612

(4,919 posts)
5. She agrees with the administration
Tue May 13, 2025, 04:14 PM
May 2025

When they apply the AEA to terrorist organizations. The TdA (Tren de Aragua) is considered a terrorist organization.

I read the two imbedded parts of the ruling that the OP supplied.
The judge seems to make sense. And its really up to the ICE now to follow the ruling and give potential deportees the required calendar time frame period of notice. She has made it clear that kicking someone out in the middle of the night, or moving them around to some new place with no legal support structure is not acceptable.

I’m not condoning Trumps hamhanded approach to immigration, but I think the judge makes sense. As long as you accept that Terrorist organizations can come under the definition of enemies in the AEA. THAT’S the crux of it for me.



Arazi

(8,695 posts)
7. Totally disagree. This is a massive mistake
Tue May 13, 2025, 04:34 PM
May 2025

Traitor can now arbitrarily declare any organization a “terrorist gang” and render members under the AEA.

“There exists a criminal organization, known as the ‘Democrat Party,’ that is controlled by China and facilitating the invasion of our nation by—”

This opinion: owing to the substantial deference we owe the executive….


Don’t think he’d do that? lol…

“The President finds that there exists a gang, to wit, “Haters and Losers,” that is invading at the behest of the Chinese Communist Party.”

This opinion: Owing to the substantial deference we owe the executive…

Ms. Toad

(38,239 posts)
8. A Trump-appointed judge disagrees with you.
Tue May 13, 2025, 04:47 PM
May 2025

Two weeks ago, a Trump-appointed judge found that the AEA could not be used against TdA because there is insufficient evidence that it is acting on behalf of the Venezuelan government.

After extensive analysis of historical records, Judge Rodriguez concluded in his ruling that the ordinary meaning of "invasion" or "predatory inclusion" when the Alien Enemies Act was enacted required a military incursion. He found that the criminal activities of Tren de Aragua members described in the Proclamation, while harmful, did not constitute an "invasion" or "predatory incursion" as understood under the Act.

"The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation," Judge Rodriguez wrote.


https://www.npr.org/2025/05/01/g-s1-63830/trump-appointed-federal-judge-blocks-use-of-alien-enemies-act-for-venezuelans-in-south-texas

We need to push back, not just on due process - but on the idea that Trump can randomly declare some group a terrorist organization in the first place.

Karma13612

(4,919 posts)
9. I see your point.
Thu May 15, 2025, 04:44 PM
May 2025

Yes, when an ill-intentioned administration abuses the authority of declaring an organization a terrorist group, they could decide that the Boy Scouts are a terrorist organization.

In a sane, competent setting, the decision to characterize a group as ‘terrorist’ would not be an issue and not used as a weapon. Alas, we aren’t in that setting.

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