β..nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.β
Executive orders donβt affect the Laws, just how the Executive branch approaches them.
Alien Enemies Act does allow detention/deportation/relocation non-US citizens who are considered an enemy of the US. But due process is required to prove that person IS a non-citizen of an enemy state.
As I mentioned above, I think this is a matter of DHS policy that will absolutely be handled in the courts. Lots of legal action underway, but it takes time and this administration's approach is to do as much damage as possible before a court can intervene.
Itβs currently being litigated in Judge Boasbergβs court; SCOTUS will likely rule that POTUS has large leeway under Alien Enemies BUT.. if due process isnβt guaranteed, how would a court or the govt know if that person is under a protected status or not?
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What are you specifically referring to?
β..nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.β
https://constitution.congress.gov/browse/essay/amdt14-S1-3/ALDE_00013743/
Otherwise Trump would already have a swarm of lawsuits regarding these deportations.
But I'm no constitutional professor π€·π»ββοΈ
Alien Enemies Act does allow detention/deportation/relocation non-US citizens who are considered an enemy of the US. But due process is required to prove that person IS a non-citizen of an enemy state.
I'm not gonna copy/paste pretend google lawyer this...
Just observing reality here.
They're doing it and getting away with it. Crickets π¦π¦π¦π¦π¦π¦π¦π¦π¦π¦π¦π¦π¦π¦