Summing up for my own benefit, and maybe others’ as well: The Alien Enemies Act can be invoked when there is a declared war (which there isn’t) or an invasion (also no) by a foreign nation (which Tren de Aguara isn’t) 1/3 - ThreadSky

hkpmw.bsky.social • 21 hours ago

Summing up for my own benefit, and maybe others’ as well:

The Alien Enemies Act can be invoked when there is a declared war (which there isn’t)
or an invasion (also no)
by a foreign nation (which Tren de Aguara isn’t)

1/3

Comments

porkchop-surprise.bsky.social•18 hours ago

In an age when non-governmental entities can project more power than many nations (Koch holdings, Meta, Unilever, Space X), some of the “what is a war? What is a nation?” May need to be adjusted.

But otherwise agreed.

jnklz.bsky.social•18 hours ago

Even if they *were* alien enemies, punishment without trial and other treatment that’s been alleged would be unlawful. They would have international law protections at the least.

urlcannonbear.bsky.social•20 hours ago

You're talking about a man who believes everyone in Springfield Ohio eats pet dogs and cats..

thinktinker.bsky.social•20 hours ago

Trump doesn't believe that, he wants you to believe he does

sapiosimmo.bsky.social•20 hours ago

Then imagine Donny Vladimirovich invading Canada🇨🇦.
He would be at war with us, so the remaining Canadian🇨🇦 snowbirds, which have now fingerprints mandatory would then be sent to camps.

hkpmw.bsky.social•20 hours ago

It allows for detention and deportation (which rendition to a prison labor camp in El Salvador isn’t)
of citizens of the foreign nation (which, insofar as you can be a “citizen” of a gang, at least some of these men aren’t)

2/3

claudialeedy.bsky.social•15 hours ago

Do we know who made these arrangement in El Salvador? If we do shouldn’t that person be before the court?

hkpmw.bsky.social•20 hours ago

And even if the meaning of “invasion” and “foreign nation or government” is a political question not subject to judicial review (which is at least debatable)
the determination that an individual is deportable under AEA *is* reviewable (no matter how much the government tries to evade this fact)

3/3

jmwarren.bsky.social•20 hours ago

“Invasion” is not a political question. It is justiciable. Especially when you consider the reality that Congress has abrogated its authority to declare war.

hkpmw.bsky.social•20 hours ago

Fwiw, I agree!

hkpmw.bsky.social•20 hours ago

Sources:

https://www.stevevladeck.com/p/132-five-questions-about-trumps-alien?utm_campaign=post&utm_medium=web

https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained

lwburnett.bsky.social•20 hours ago

Given Conway’s comment, isn’t the law voidable for vagueness?

kovarsky.bsky.social•20 hours ago

I wouldn't want to discount what the Court would do with political questions doctrine entirely, but I think "debatable" is *extremely* charitable. I don't really read Steve or Ilya otherwise.

hkpmw.bsky.social•20 hours ago

You're quite right—I was trying to think through what would happen if the admin won on their "strongest" argument, but it is still a very bad argument!

mubduh.bsky.social•20 hours ago

Thank you, Hannah.

Concise, accurate, appreciated.

joedferg.bsky.social•19 hours ago

Who know what they are. No hearings. No documents or judges. Just the goons and their creepy masters.

bamajennie.bsky.social•20 hours ago

I wonder how much they are paying El Salvador to house them. Someone needs to find out the actual cost.

ibethany.bsky.social•20 hours ago

and where is the money coming from to pay a prison in el salvador? has it been congressionally approved?

bamajennie.bsky.social•19 hours ago

Dear Leader does what Dear Leader wants. He skates through life without consequences. He will plunder the treasury for photo ops and self enrichment. He does not follow the law!

3athalete.bsky.social•20 hours ago

I heard $6 million.
Verified by CNN…

https://amp.cnn.com/cnn/2025/03/17/americas/el-salvador-prison-trump-deportations-gangs-intl-latam

bamajennie.bsky.social•20 hours ago

Thanks!

sanfele.bsky.social•20 hours ago

In any case, you cannot just say someone is a gang member! You have to prove it to a judge!

em-aye-are-why.bsky.social•15 hours ago

If he can do this, he can snatch any of us who disagree with him and send us to a foreign prison camp.

khazad-dum.bsky.social•20 hours ago

Game, set, & match.

Thank you.

joedferg.bsky.social•19 hours ago

53,000 of us were killed in an undeclared war in Vietnam. This country hasn’t been a true democracy since WW2.

tannenzaepfle.bsky.social•19 hours ago

https://en.wikipedia.org/wiki/Voting_Rights_Act_of_1965 democracy for whom?

joedferg.bsky.social•16 hours ago

Precedent Schmecedent

eric2907.bsky.social•20 hours ago

If this idiot can ignore the courts with impunity, that's the ball game. There is no one left with the power to fight back. They're just making crap up and pretending it's all legal. I wonder how the conservatives on the Supreme Court will feel when he points the cannon at them.

petehausler.bsky.social•20 hours ago

they’re shitting; hence John Roberts letter today.

uglyoldman.bsky.social•20 hours ago

There's a war in Ukraine does that work?

joshdsw.bsky.social•20 hours ago

8 th Amendment protections? The Amendment is silent on whether the sanction is in a civil or criminal action (though assumed to be). Civil remedies can be punishments:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

1/2

joshdsw.bsky.social•20 hours ago

2/2 Other of the Amendments in the Bill of Rights do specify whether criminal or civil. 4th - - Warrants can issue from civil and criminal action and text doesn't specify; 5th & 6th specifically cites only criminal cases; 7th specific to only civil; 8th silent.

tenorsinging.bsky.social•14 hours ago

Of course he doesn’t care because he can do whatever he wants, thanks to a cabinet who won’t invoke the 25th, and a SC that gave him too much power.

2bthinkingaloud.bsky.social•20 hours ago

The U.S. public deserves to know the details as with all arrests. Who are these INDIVIDUALS? Are they detainees? deportees? Names? Citizenship? Crimes they are accused/convicted of? Are we supposed to just take the administrations word for it? Does Congress or the Senate have this information?

Comments

Posting Rules

Reply