XPost: alt.fan.rush-limbaugh, alt.society.liberalism, alt.atheism
XPost: alt.fun, alt.politics.democrats.d
The Alien Enemies Act of 1798 is incorporated into the U.S. code today as 50 U.S.C. § 21. That section reads:
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.
https://www.law.cornell.edu/uscode/text/50/21
There is no declared war, and there is no "invasion or predatory incursion...by any foreign nation or government." Venezuelan gang members, *if any*, have not been sent here by the Venezuelan government as part of a military invasion. Right-wingnut fucktards like to shriek, hysterically, that undocumented immigrants coming here are an "invasion," but that's nonsense. "Invasion" in the
law means a military invasion by a foreign nation or government. That is what it
means. That is not happening.
Here is from Republican-appointed judge Karen Henderson's concurring opinion in the DC Circuit's ruling upholding Judge Boasberg's temporary stay blocking the Trump regime from invoking the Alien Enemies Act to deport non-invaders:
First, the invasion must be "against the territory of the United States by
any foreign nation or government." 50 U.S.C. § 21 (emphasis added). The
requirement that the "invasion" be conducted by a nation-state and against
the United States' "territory" supports that the Congress was using
"invasion" in the military sense of the term See Ex parte Bollman, 8 U.S.
(4 Cranch) 75, 131 (1807) (describing levying war against the United States
as "a military enterprize . . . against any of the territories of the United
States"); Wiborg v. United States, 163U.S. 632, 633 (1896) (explaining that a
group of seamen were charged with preparing for a "military expedition . . .
against the territory and dominions of a foreign prince"). Undesired people
do not arrive against the territory. But foreign armies can—and as the 1798
Congress feared might—invade the territory of the United States. Second, the
invasion may be actual, "attempted, or threatened." 5 U.S.C. § 21. Again,
when used in reference to hostilities among nations, an attempted or
threatened invasion of the United States would mark a logical trigger for
enhanced presidential authority. Third, and relatedly, the conditional list
of triggering events—a declared war, invasion or predatory incursion—must be
read against the means the Congress employed to combat the same. The AEA
authorizes the President to restrain and remove the nationals of a
belligerent foreign power. Such power tracks when invasion is considered in
its military sense.
Finally, consider history. The Alien Enemies Act was enacted by the Fifth
Congress amid an actual conflict—the Quasi-War—with France, a foreign power.
War was front and center in the minds of the enacting legislature. A little
over one month before enacting the AEA, the same Congress authorized the
President to raise a standing army of 10,000 men to combat any French
invasion. But he could do so only "in the event of a declaration of war
against the United States, or of actual invasion of their territory, by a
foreign power, or of imminent danger of such invasion." Act of May 28, 1798,
ch. 47, § 1, 1 Stat. 558. This language bears more than a passing resemblance
to the language of the AEA, which the Congress enacted a mere thirty-nine
days later. In his most famous exposition against the Alien and Sedition Act,
Madison explained that an "[i]nvasion is an operation of war." James
Madison, Report of 1800 (Jan. 7, 1800), in Founders Online [
https://
perma.cc/2D3N-N64Z]. In such times, the "law of nations" allowed for the
expulsion of alien enemies as "an exercise of the power of war." Id…..
The term "invasion" was well known to the Fifth Congress and the American
public circa 1798. The phrase echoes throughout the Constitution ratified by
the people just nine years before. And in every instance, it is used in a
military sense. For example, the Guarantee Clause provides that "[t]he United
States shall . . .protect each [State] against Invasion; and on Application
of the Legislature, or of the Executive (when the Legislature cannot be
convened) against domestic Violence." U.S. Const. art. IV,§ 4. The clause is
a federal guarantee to the states against attack from without (invasion) or
within (insurrection). In describing the clause, the Federalist Papers refer
to invasion and domestic violence as "bloody" affairs involving "military
talents and experience" and "an appeal to the sword." The Federalist No. 44
(J. Madison). To effectuate the guarantee the Congress has power "[t]o
provide for calling forth the Militia to . . . suppress Insurrections and
repel Invasions." U.S. Const. art. I, § 8, cl. 15. Again, to use military
force against invasion. During these exigent times of hostilities—"in Cases
of Rebellion or Invasion"—the Congress may suspend "The Privilege of the Writ
of Habeas Corpus . . . when . . . the public Safety may require it." Id. art.
I, § 9, cl. 2. Finally, if the federal guarantee fails, a state may exercise
its Article I power to "engage in War" but only if "actually invaded, or in
such imminent Danger as will not admit of delay." Id. art. I, § 10, cl. 3.
When the Constitution repeats a phrase across multiple clauses—and the early
Congresses echo that phrase in statute— it is a strong signal that the text
should be read in pari materia…. The theme that rings true is that an
invasion is a military affair, not one of migration.
https://s3.documentcloud.org/documents/25870610/order-and-opinion-on-attempt-to-block-stay-on-aea-flights.pdf
The Trump regime is in error to base the deportations on the Alien Enemies Act. The Trump regime, of course, is in error on everything.
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