Today, President Donald Trump issued Executive Declaration Tren de Aragua venezuelan drug gang has been used to use alien legal use to detain and deport. Federal court a few hours ago I issued a temporary arrest order The administrator used the law to prevent five Venezuela to be deported on the basis.
The alien law was one of the infamous aliens and sedative acts of 1798, and is still the only implemented. If the court allows the administration to use it, even legal immigrants can detain and deport even legal immigrants with little or no legal procedures. However, this law can only be used in the event of a declared war, and can only be used for “aggression” or “plundering aggression” applied by “foreign countries or government”. As I explained in detail in me Earlier I In this issue, illegal migration and border smuggling are not qualified by “invasion” or “plundering”. Even if they do so, they are not harmed by “foreign countries or governments.” Tren de Aragua is a terrible criminal organization. But it is not “aggression” the United States, not “foreign or government”.
Even if the executive has the right to claim that the Trende Aragua is associated with Venezuela officials, it does not mean that the gang itself is a state. Many organizational criminal groups receive bribes to promote cancer market activities or bite civil servants in different ways. However, it does not change the drug cartel to the government and does not transform criminal activities to “invasion.”
In the last post on this issue, I explained in more detail why the drug cartel activity was not qualified as “invasion,” and why the opposite ruling set a dangerous precedent. Above all, The state government has the authority to “participate in the war” in response (without parliamentary approval), and the federal government will grant the authority to stop the warrant of Habs Corpus.Therefore, they detain people, including American citizens, without accusations or trials.
Moreover, the current declaration is limited to the members of the Trend Ara Gua, but there is little that the administration can prevent the executive from using it for other immigrants, including legal immigrants. Moreover, the lack of significant legal procedure protection according to the current proclamation (eg, there is no right to hearing), which means that some people can only be detained or deported because some people insist that they are members of Tren de Aragua.
~ Inside Simple The administration, which is appealing to today’s temporary arrest orders, takes the position of “political question” that the law of law does not have the authority to review. If this position is predominant, the president can use AEA for all immigrants in his country. You can simply use AEA by declaring that “invasion” is going on and that people who want to be detained and deport somehow are connected. Moreover, as mentioned above, such an irresistible declaration will cause other powerful powers, such as the power to stop the warrant of Habs Corpus for our citizens.
A lawsuit against this problem is very dangerous. It’s not just for immigrants.
I previously explained why AEA’s call and the definition of “aggression” should not be considered political questions. here, and here. Here is an excerpt that explains some reasons:
There is no enough reason to claim that the definition of “invasion” is a political issue. Especially if you do so, if the president will take power and give an empty check. This vast concentration will surely violate its original meaning. The president has been able to participate in random detention at will. Exactly the early Americans wanted to prevent the abuse and the future that the British had in the hands of the British. “Invasion” has a clear definition that is easily vulnerable to judicial interpretation.
The TRO issued by the District Court lasts for 14 days. In the meantime, the court will consider whether or not to issue a more permanent ban. A lawsuit for this important issue will surely last for a long time and may probably reach the Supreme Court.
Update: James Boasberg Now we have expanded the temporary arrest order Trump deals with “all non -citizens of the US custody” covered by Trump’s call for alien laws.
