This is right time for the Old Professor to drop a bit of history on you that tries to enlighten the reader to the history that is all too forgotten.
Little Donny is deporting people at an alarming right all in an effort to keep the loyal in line with his brand of ignorance…..so far this year…Within the span of 100 days, the results of this sweeping and sustained set of actions, touching nearly every corner of the U.S. immigration system, have yielded some quick results. U.S. Border Patrol encounters of irregularly arriving migrants at the U.S.-Mexico border plunged to 7,000 in March—the fewest since at least 2000, when the government started publishing monthly apprehension numbers—after the administration declared an “invasion,” sent 10,000 troops to the border, and effectively barred access to asylum there.
All these deportations is a first for a president, right?
Not even close.
Just another misguided attempt to appear as if he truly cares about this country.
Before I go on maybe it would be a good spot to drop some history about the ‘law’ that the Trumpites are using to justify these deportation….even though the justification for these deportations is the ancient act from the 18th century….about here would be a good time to explain the “Act” for the history impaired….
The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be — and has been — wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States. It is an overbroad authority that may violate constitutional rights in wartime and is subject to abuse in peacetime.
… but the mass deportations occurred in the beginning of the middle 19th century and the Chinese immigrants.
The United States’ current deportation process traces its roots to the late 19th century as the nation moved to exercise federal control of immigration.
The impetus for this shift was anti-Chinese racism, which reached a fever pitch during this period, culminating in the passage of laws that restricted Chinese immigration.
The influx of Chinese immigrants to the West Coast during the mid-to-late 19th century, initially fueled by the California Gold Rush, spurred the rise of an influential nativist movement that accused Chinese immigrants of stealing jobs. It also claimed that they posed a cultural threat to American society due to their racial otherness.
The Geary Act of 1892 required Chinese living in the U.S to register with the federal government or face deportation.
The Supreme Court addressed the constitutionality of these statutes in 1893 in the case of Fong Yue Ting v. United States. Three plaintiffs claimed that anti-Chinese legislation was discriminatory, violated constitutional protections prohibiting unreasonable search and seizure, and contravened due process and equal protection guarantees.
The Supreme Court affirmed the Geary Act’s deportation procedures, formulating a novel legal precept known as the plenary power doctrine that remains a key tenet of U.S. immigration law today.
Is Donny’s use of ‘Act’ legal by Executive Order? Damn good question!
… no court has expressly interpreted “invasion” in the context of the AEA, the definition of “invasion” in the constitutional sense has received recent judicial and scholarly attention. Early last year, Texas tried to make the immigration-as-invasion argument in two cases, United States v. Texas and United States v. Abbott, the former of which dealt most directly with the claim. There, a district court—after providing one of the most comprehensive analyses of “invasion” in the State War Clause—enjoined the enforcement of Texas law that established state criminal liability for immigration law violations. Although the U.S. Court of Appeals for the Fifth Circuit ultimately stayed the injunction, it was “not persuaded” by Texas’s immigration-as-invasion argument. The case is still pending. In light of interpretative uncertainty, recourse might also be had to interpretations of the president’s unilateral authority to use force to repel attacks or invasions.
(there is more legal wrangling going on)
https://www.lawfaremedia.org/article/can-trump-invoke-the-alien-enemies-act
This will be a sticky situation for only recently a Trump appointed judge rules against Donny’s move on Venezuelans.
A federal judge on Thursday barred the Trump administration from deporting any Venezuelans from South Texas under an 18th-century wartime law and said President Trump’s invocation of it was “unlawful.” US District Court Judge Fernando Rodriguez Jr. is the first judge to rule that the Alien Enemies Act cannot be used against people the administration claims are gang members invading the United States, the AP reports.
- “Neither the Court nor the parties question that the Executive Branch can direct the detention and removal of aliens who engage in criminal activity in the United States,” wrote Rodriguez, who was nominated by Trump in 2018. But, the judge said, “the President’s invocation of the AEA through the Proclamation … is contrary to the plain, ordinary meaning of the statute’s terms.”
- Rodriguez’s ruling is significant because it is the first formal permanent injunction against the administration using the AEA and contends the president is misusing the law, the AP reports. “Congress never meant for this law to be used in this manner,” said Lee Gelernt, the ACLU lawyer who argued the case, in response to the ruling.
- If the administration appeals, it would go first to the New Orleans-based 5th US Circuit Court of Appeals, one of the nation’s most conservative appeals courts. The Supreme Court has already weighed in once on the issue of deportations under the AEA. The justices held that migrants alleged to be gang members must be given “reasonable time” to contest their removal from the country. The court has not specified the length of time
This whole debacle will be interesting to watch….and I will watch.
I Read, I Write, You Know
“lego ergo scribo”
