A federal district court judge erases Trump’s ability to rid the country of enemy aliens
By Andrea Widburg www.americanthinker.com
We’ve all seen the movies. Two countries are hostile, but not engaged in a hot war. One of the countries sends small, furtive bands of soldiers, all disguised as civilians, into the other country, to destabilize it or, at the appropriate moment, to cast off their disguises for a hot war. Or perhaps, one country sends the other a beautiful wooden horse filled with soldiers... None of this is unrealistic. Today, hostile nations, in an undeclared war against America, send their violent, criminal foot-soldiers here to destabilize our country.
Donald Trump understands what’s happening and sought to use a statute that empowers him to fight this covert warfare...only to have an Obama-nominated district court judge arrogate to himself the constitutional executive’s plenary power over America’s foreign policy and national security.
The military tactic of sending small bands of disguised troops into an enemy country is as old as war itself—and of course, our well-educated Founders fully understood this. That’s why, in 1798, the same generation that ratified the Constitution in 1787 and the Bill of Rights in 1791 (so it must be presumed to have understood what those documents meant), passed the Alien Enemies Act, one of a series of four acts designed to protect the new nation from enemy action.
The substantive portion of 50 U.S. Code § 21 is short, so I’ll quote it in its entirety (emphasis mine):
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
In sum, when a foreign government authorizes a “predatory incursion” into the US, the president, and only the president, after announcing that this is, in fact, a foreign nation’s predatory act against America, may then apprehend and deport select citizens of that foreign nation. The act clearly does not require that he deport every citizen of that nation resident in America; only those whom the president, in his sole discretion, deems a threat.
This brings us to the Tren de Aragua gang members who came from Venezuela to America and have been terrorizing American communities. Unlike many illegal aliens who come here for jobs or welfare, these “immigrants” are part of “weaponized migration” intended to destabilize America by overloading its systems and flooding us with hardcore criminals.
In an essay about Nicaragua’s weaponized migration against the U.S., Manuel Orozco describes not just Nicaragua’s acts, but also the general principle behind the bands of covert foreign warriors sent to America:
The third axis of the regime is one of ‘weaponizing’ migration to damage the United States.
[snip]
A reality of the post-pandemic period is that 18 countries (China, Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, India, Mexico, Myanmar, Nicaragua, Peru, Philippines, Russia, Turkey, Ukraine, and Venezuela) represent 92 percent of all irregular migration that reaches the border with Mexico.
[snip]
The family clan identified these nationalities and took advantage of the economic and political opportunity to ‘weaponize’ migration as a foreign policy against the United States and increased the weight of the humanitarian crisis.
Venezuela’s Nicolás Maduro has followed the same tactic. Thus, in 2022, the Department of Homeland Security apparently issued an intelligence report indicating that Maduro was deliberately sending Venezuela’s most violent prisoners to America.
This is precisely the activity the Alien Enemies Act was intended to counter.
In accordance with the authority the Founders’ generation gave to the Commander in Chief to protect America, Trump attempted to deport hundreds of Tren de Aragua members expeditiously, without spending endless time and taxpayer funds going through the immigration system. To that end, he explicitly invoked the Act, and then put Tren de Aragua members on airplanes back to Venezuela. And note, again, that the act empowers only the executive to determine which aliens are enemies, and which are not.
One D.C. federal district court judge, James Boasberg, however, decided to arrogate to himself that unique executive authority. Yesterday, moments after the flight with the gang members departed, he ordered the plane returned to the U.S.
The judge did so because he was swayed by arguments from lawyers on behalf of these violent criminals (who stand accused of crimes such as drug and sex trafficking, murder, assault, pedophilia, etc.) claiming that it was just wrong for the president to have the power the act confers upon him:
“There’s nothing in the law itself that would require it to be limited to undocumented individuals or individuals who have committed crimes,” said Katherine Yon Ebright, counsel on the liberty and national security team at the center-left Brennan Center for Justice. “It’s not about legal status, consistent with the idea that it’s a wartime authority, not an immigration authority.”
As noted, this is just wrong.
Americans of all colors, races, creeds, countries of national origin, etc., desperately want their communities made safe again. And the Democrats, equally desperately, want the world’s most violent criminals to spread throughout America. While the world’s dictators send in their columns, the Democrats have activated their Fifth Columnists.
No comments:
Post a Comment