Trump to Invoke 1798 Alien Enemies Act

48,158 Views | 543 Replies | Last: 17 hrs ago by techno-ag
will25u
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Last used after the Japanese bombed Pearl Harbor to intern Japanese as well as other nations citizens.

Quote:

The Alien Enemies Act goes into effect "whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government."

Under the act, the president publicly declares that "all natives, citizens, denizens, or subjects of the hostile nation or government' may be detained, relocated, or removed from the Unites States as alien enemies." After the proclamation, the act specifies "it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction" to apprehend aliens for court appearances.

The Alien Enemies Act has been used during three conflicts: the War of 1812, World War I and World War II. Whether it could be used outside of a declared war, or against parties other than a nation or foreign government, has been a matter of recent debate since the act's clear language restricts its use in narrow ways.
Rossticus
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This should be interesting.
Rapier108
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Democrat judge furiously typing up a TRO as we speak.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
Actual Talking Thermos
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Invoke it to do what, to whom?
amercer
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AG
Who are we at war with? The lawn care guys?
texagbeliever
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Well given the Columbia ordeal, I'm guessing this is against foreign agents that made there way into our country via our "allies" like England.
titan
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S
Rapier108 said:

Democrat judge furiously typing up a TRO as we speak.
Trump is easily as forceful as FDR. Probably won't have any effect or should.

Hmm...wonder if this about foreign spies--- especially Chinese, in a ramped up situation? The other obvious candidate is Islamists and may be doing what 9/11 rated.
FrioAg 00:
Leftist Democrats "have completely overplayed the Racism accusation. Honestly my first reaction when I hear it today is to assume bad intentions by the accuser, not the accused."
TAMUallen
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AG
amercer said:

Who are we at war with? The lawn care guys?


How cute. How about illegals who rape and murder
David_Puddy
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AG
titan said:

Rapier108 said:

Democrat judge furiously typing up a TRO as we speak.
Trump is easily as forceful as FDR. Probably won't have any effect or should.

Hmm...wonder if this about foreign spies--- especially Chinese, in a ramped up situation? The other obvious candidate is Islamists and may be doing what 9/11 rated.

That is what I believe it is intended for.
rathAG05
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AG
It was always going to take an aggressive domestic policy to resolve the hostile takeover of our country that the Biden admin allowed. Trump is the man for the moment.
aggiehawg
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AG
Quote:

Under the act, the president publicly declares that "all natives, citizens, denizens, or subjects of the hostile nation or government' may be detained, relocated, or removed from the Unites States as alien enemies." After the proclamation, the act specifies "it shall be the duty of the several courts of the United States, and of each state, having criminal jurisdiction" to apprehend aliens for court appearances.
So which is the hostile nation or government here?
will25u
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I foresee great issues getting this to stick. But we will see.

He is wanting to use it to get rid of gangs, cartels, etc operating in the US. Like when the gang took over the apartments in Aurora, CO.

Quote:

Operation Aurora is a plan made by president of the United States Donald Trump to use the police and the military to deport millions of illegal immigrants from the United States. The plan had been talked about before Trump won the 2024 United States presidential election. It is named after a reported crime by the Venezuelan gang Tren de Aragua in Aurora, Colorado. The event in Aurora made President Trump make the deportation of many illegal immigrants an important part of his presidency.
nortex97
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AG
The usual TDS/communists will be cheering for some random Chutkan-like judge to get headlines postponing this.

But it's going to work.
damiond
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rathAG05 said:

It was always going to take an aggressive domestic policy to resolve the hostile takeover of our country that the Biden admin allowed. Trump is the man for the moment.


well said

ends justify means

he is our savior
John Fisher Pessimist
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AG
Can't wait for some nobody judge to dictate national policy and block this
MD1993
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AG
I think he is using this portion of it to allow him to initiate this move. " invasion or predatory incursion" It can be strongly argued we have been invaded by foreign citizens.
titan
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S
will25u said:

I foresee great issues getting this to stick. But we will see.

He is wanting to use it to get rid of gangs, cartels, etc operating in the US. Like when the gang took over the apartments in Aurora, CO.

Quote:

Operation Aurora is a plan made by president of the United States Donald Trump to use the police and the military to deport millions of illegal immigrants from the United States. The plan had been talked about before Trump won the 2024 United States presidential election. It is named after a reported crime by the Venezuelan gang Tren de Aragua in Aurora, Colorado. The event in Aurora made President Trump make the deportation of many illegal immigrants an important part of his presidency.

Really, what is keeping ILLEGAL invaders (because once committing crimes they are basically enemy spies or invaders) from simply being sent to GITMO or just booted? Arguably they are no longer just illegal immigrants/ trespassers then but have more in common with the hijackers.
FrioAg 00:
Leftist Democrats "have completely overplayed the Racism accusation. Honestly my first reaction when I hear it today is to assume bad intentions by the accuser, not the accused."
MouthBQ98
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AG
It would work perhaps for those with ties to the terrorists and terrorist narcotics cartels that we find. Given we're not at war or engaged in hostilities with another nation right now, I could see it being limited for general use.
Rapier108
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damiond said:

rathAG05 said:

It was always going to take an aggressive domestic policy to resolve the hostile takeover of our country that the Biden admin allowed. Trump is the man for the moment.


well said

ends justify means

he is our savior
There is only one savior and it isn't Trump. It is disgusting you're comparing him to Jesus.
"If you will not fight for right when you can easily win without blood shed; if you will not fight when your victory is sure and not too costly; you may come to the moment when you will have to fight with all the odds against you and only a precarious chance of survival. There may even be a worse case. You may have to fight when there is no hope of victory, because it is better to perish than to live as slaves." - Sir Winston Churchill
pagerman @ work
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MD1993 said:

I think he is using this portion of it to allow him to initiate this move. " invasion or predatory incursion" It can be strongly argued we have been invaded by foreign citizens.
Citizens but not foreign nations or governments, which is what the law stipulates.
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. It's inherent virtue is the equal sharing of miseries." - Winston Churchill
will25u
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I mean, IANAL but my reading comprehension is good.

It specifically mentions another nation or government multiple times as being the grounds to invoke.

Don't think this will go anywhere.
flown-the-coop
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AG
The Mexican government, the Venezuelan government, the Chinese government all very clearly allowed for an invasion across our southern border.

Congress enacted this law so on what basis do you contend Trump is not allowed to use the law?

Seems many people think any action Trump takes to secure our nation is either against the law or even if it is within the law it doesn't apply to anything Trump does for no other reason than… Trump.

I expect Trump will get increasingly more aggressive pushing the envelope of the Executive. And it's welcomed. Congress cannot come to an agreement on anything other than increasing their pay and benefits. The judiciary has been made largely invalid as Dems have showed they do not have any respect for the judiciary (and our laws).

The only stopping of Trump will be through impeachment and conviction. And that ain't happening.

Let the man do the work.
pagerman @ work
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AG
Quote:

Congress enacted this law so on what basis do you contend Trump is not allowed to use the law?

I don't know…the plain language of the law maybe?
“Socialism is a philosophy of failure, the creed of ignorance, and the gospel of envy. It's inherent virtue is the equal sharing of miseries." - Winston Churchill
aggiehawg
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AG
will25u said:

I mean, IANAL but my reading comprehension is good.

It specifically mentions another nation or government multiple times as being the grounds to invoke.

Don't think this will go anywhere.
Of all of the Alien and Sedition Acts passed back then, this is the only one remaining. The rest were either repealed or struck down.

But at first blush, I am not seeing how invoking this accomplishes much...other than to finally strike it down in court.
ntxVol
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Rapier108 said:

damiond said:

rathAG05 said:

It was always going to take an aggressive domestic policy to resolve the hostile takeover of our country that the Biden admin allowed. Trump is the man for the moment.


well said

ends justify means

he is our savior
There is only one savior and it isn't Trump. It is disgusting you're comparing him to Jesus.
Dude... context is everything.

savior. /svyr/ noun

1)A person who rescues another from harm, danger, or loss.

2)Jesus.

3)One who saves, preserves, or delivers from destruction or danger.
flown-the-coop
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AG
What are you seeing in the law that it should be struck down by the courts and why is this the only remaining one?
will25u
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Look, I am probably one of the biggest Trump cheerleaders here. But just reading the actual Alien Enemies Act with just a normal persons reading comprehension, it states very clearly the the US must have a declared war on a foreign nation or government. The US is not at war with anyone currently.

So that is why *I* think it will not go anywhere. But I am not a slimy lawyer, so what do I know.
Quote:

That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government
flown-the-coop
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pagerman @ work said:

Quote:

Congress enacted this law so on what basis do you contend Trump is not allowed to use the law?

I don't know…the plain language of the law maybe?


The plain language of the law says "any POTUS named Donald J. Trump is not allowed to use this law"?
Fightin_Aggie
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MouthBQ98 said:

It would work perhaps for those with ties to the terrorists and terrorist narcotics cartels that we find. Given we're not at war or engaged in hostilities with another nation right now, I could see it being limited for general use.


And the dems will work to defend because they want their drugs and chaos (that keeps them in power)
amercer
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AG
They are already struggling to arrest as many people a day as Biden did. Not sure invoking this act will change much.
flown-the-coop
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AG
Apologies if I indicated any TDS in my response to you, I know your posts and respect your sharing of information particularly updates.

The part you didn't bold is what does not require actual declared war "or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government".

Seems Trump needs to identify the "foreign nation or government" then provide support that the is or has been an "invasion or predatory incursion" that was "perpetrated, attempted, or threatened".

Heck, I think Trump could probably be successful in expanding the "foreign nation or government" to include terrorists organizations that exist without borders.

I agree the courts are going to attempt to shut him down on any action or planned action, but I say he should just go forward, judges orders be damned.
Tea Party
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will25u said:

Look, I am probably one of the biggest Trump cheerleaders here. But just reading the actual Alien Enemies Act with just a normal persons reading comprehension, it states very clearly the the US must have a declared war on a foreign nation or government. The US is not at war with anyone currently.

So that is why *I* think it will not go anywhere. But I am not a slimy lawyer, so what do I know.
Quote:

That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government

I'm not agreeing that Trump invoking this has merit, but skipping the "or..." in the above seems like a pretty big omition in your reasoning....
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flown-the-coop
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amercer said:

They are already struggling to arrest as many people a day as Biden did. Not sure invoking this act will change much.


Did you miss the story this morning that Biden arrest numbers were fabricated? If someone cam across the border, was handed a cellphone, put on a plane or bus, and told to show up to a hearing 5 years from now, Biden and Mayorkas counted that as an "arrest".

Trump's numbers are actual placing in handcuffs, detaining and in many cases deporting,

Trump ICE unleashes on Biden admin after arrests surpass all 2024 data: 'Cooking the books' https://www.foxnews.com/politics/trump-ice-unleashes-biden-admin-arrests-surpass-2024-data-cooking-books

Acting Director of ICE is just now beginning to peel the Biden rotten onion layers apart.
aggiehawg
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flown-the-coop said:

What are you seeing in the law that it should be struck down by the courts and why is this the only remaining one?
The situation that existed when they were first passed (presumption of impending war with France) presupposed who were "enemies" currently in the US by their ancestry and mostly on that basis alone. It was a due process issue all of the time but now those lines are much clearer.

A few years back, Sotomayor went off in one of her dissenting opinions about the Japanese internment case, Korematsu still being good law and in effect. The majority slapped back that even though Korematsu had not been specifically struck down by SCOTUS but it was no longer controlling precedent.

Fun fact, Wilson used those acts to imprison his political opponent, Eugene V. Debs, who was a Communist. Debs ran for President from prison and received over one million votes.
flown-the-coop
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AG
Thanks Hawg.

I would think Trump would be identifying offenders of the law based on legal right to be in the US and whether they made legal entry or not.

Affiliations with terror organizations, to include cartels and S. American gangs like TDA, would provide the rationale that they are presenting a threat to the United States and its citizens.

Now, do I think even the current SCOTUS will uphold a challenge to Trump's actions (that I do not think we know any details of yet)… yeah, CJ Robert's and particularly ACB will likely side with the libs on this sort of issue. Still doesn't mean they are right.
 
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