MontyPython
It's Just a Flesh Wound!
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Section 1 applies to agents of a foreign government.
"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"
criminals, cartels, and terrorists are almost explicitly not acting on behalf of a foreign nation or government.
section 2, the part I quoted, mentions the ability to deport ANYONE considered a threat to the US or its people. which would apply here.
"authorized upon complaint, against any alien or alien enemies, as aforesaid, who shall be resident and at large within such jurisdiction or district, to the danger of the public peace or safety,"
Ok.
Supreme Court says they still get process.
Trump refuses to do so.
And?When exactly was he tried under immigration law after 2019?
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Was Mr Maryland's deportation under immigration law started by Trump's admin?they have wide latitude in the justifications behind the deportation. but it still requires a process, which means going in front of a judge, who makes the ruling. then there is an appeals process, after which the judge issues the final deportation order.
depending on which of many cases you want to refer to, the admin has short circuited various parts of that process. up to and including changing which law they are being deported under, going from the non-criminal immigration laws, to the criminal Alien Enemy law. the fact that they are finding people "guilty" under a non-criminal law, and then carrying out sentencing based on a criminal law is deeply disturbing.
And?
It sounds like the timeline is:which is the effing problem. like I said you need to pick a lane. is it a non-criminal immigration case, or is it a criminal AEA case. and its not just me saying it, its the Supreme Court saying it.
the guys were arrested, and tried, under immigration laws, which are not criminal. then thrown out under the Alien Enemy Act which is criminal.
Ahem... Did the Trump admin arrest/detain him under immigration laws or have him tried under immigration laws?AEA is criminal, I literally just quoted it. which is far more than you have done. the law literally requires a criminal judge and a criminal case.
the AEA process would be someone getting arrested/detained under AEA. then tried under AEA. then punished under AEA.
the AEA process is NOT someone being arrested/detained under immigration, then tried under immigration. then punished under AEA. <---this should never be acceptable. its banana republic bs.
if you want to deport someone under immigration laws, deport them under immigration laws. if you want to deport someone as an Alien Enemy, deport them under the Alien Enemy Act. the Admin doesn't get to pick and choose.
It sounds like the timeline is:
He was brought into immigration court before Trump's admin.
Trump's admin goes to work.
Trump's admin make the two gangs terrorist groups, and implement AEA.
Trump admin starts rounding up illegal gang members to send off under AEA.
As part of roundup, I assume they found court documents that Maryland-Dad is an illegal gang member.
He's shipped out under AEA.
It's worse. I merely said it started in immigration and ended in AEA.Yeah. I am confused as to the controversy in that one. Apparently he had a deportation order that was stayed, the only question was where to deport him. At least that was my understanding, but I agree "and?". He was ejected via AEA, but at most was a determination as to the destination as a controversy. That is the remaining thing he could have challenged, if anything... which at this point probably wouldn't work either.
Nobody is pointing to any real injustice here that I can see, he was an illegal.
"He chose....... poorly"
It's worse. I merely said it started in immigration and ended in AEA.
He posted proof that it started in immigration court, as if that were some "gotcha" moment. AAMOF, his point only argues against the @LouderVol complaint that Trump's admin needs to "pick a lane".
Loud is basically mad at me for pointing out the defects of the legal course taken, even if I thought it was over reach at this particular time.... this one isn't an easy one to deal with. Meaning, even if I didn't like what Trump was doing - its a very tough one to tackle at this point. Simply saying people aren't receiving due process really isn't on point in my opinion on many levels.
Right now, it appears the administration is working in good faith and not targeting Americans. For Trump to be successful though, all tools might be needed and even that might not be enough.
At the end of the day, none of these people are really pointing to any injustice being done... even if I took their fact position.
No the only thing that could be a controversy is the destination under the existing action but no he could only get additional process unless he filed a habeas as he was deported via AEA. Nobody is claiming he wasn't illegal, there is no controversy as to that even. The supreme court is saying, the previous process can proceed....but to me it's moot as he was deported via AEA, the U.S. involvement is basically over.Due process. I highlighted that part. SC says that this guy deserved due process and did not get it
Your facts are wrong. Please address this:No the only thing that could be a controversy is the destination under the existing action but no he could only get additional process unless he filed a habeas as he was deported via AEA.
Nobody is claiming he wasn't illegal, there is no controversy as to that even.
The supreme court is saying, the previous process can proceed....but it's moot as he was deported via AEA.