“The Trump administration has, for the fourth time in history, invoked the war-time Alien Enemies Act of 1798, even though our nation is not at war—and its last use remains one of the most shameful episodes in American history.
That involved President Franklin D. Roosevelt’s Executive Order 9066 in 1942. It was the basis for the internment of around 112,000 people of Japanese descent, 70,000 of whom were American citizens.”
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“For years, we’ve endured constitutional conservatives’ bloviating about the importance of protecting the sacred principles enshrined in our Constitution. Those include the separation of powers—legislative, executive and judicial checks on one another—and due process. Many of these hypocrites are defending the administration’s policies and bashing a judge for halting the hasty airlift of accused criminal aliens to a prison run by a banana-republic strongman—a directive the president promptly ignored.
Perhaps most of these deportees are criminals and a threat (unlike peaceful Japanese residents who posed no threat whatsoever). They still deserve due process—their day in court, so to speak—to prove they have indeed violated the law. Constitutional conservatives of all people should understand that the government gets things wrong and individuals deserve protection from arbitrary actions by its agents.
We’ve already seen examples of immigrants who were deported based on the government allegedly mistaking a soccer tattoo for gang insignia. Let’s say you were walking around and, based on your attire or ethnic background, the police suspected you were a gang-banger and took you to jail. Wouldn’t your first call be to your lawyer? Don’t you deserve due process to prove you were a passerby before being shipped to Pelican Bay? (And non-citizens generally are considered persons under the Constitution—and also deserve due process.)
The administration isn’t just ignoring these constitutional due-process protections but seems to be actively mocking them. “What were all these young women that were killed and raped by members of (Tren de Aragua)—what was their due process?”” asked Tom Homan, director of Immigration and Customs Enforcement.
Murder and rape always are horrific, but everyone still gets a trial to, you know, prove they actually committed the crime.”
“Rojas, 42, is one of potentially hundreds of people who have been detained in recent weeks despite complying with Ice requirements to regularly check-in. Ice does not appear to keep count of how many people it has arrested at check-ins. But the Guardian has estimated, based on arrest data from the first four weeks of the Trump administration, that about 1,400 arrests – 8% of the nearly 16,500 arrests in the administration’s first month – have occurred during or right after people checked in with the agency.
Lawyers and immigration advocates told the Guardian they believe that in order to oblige the president’s demand for mass arrests and deportation, immigration officials are reaching for the “low-hanging fruit” – people that Ice had previously released from custody while they pursued asylum or other immigration cases in a backlogged immigration court system.”
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“In Rojas’s case, he was allowed to stay in Spokane with his wife and children – who had pending asylum cases – and apply yearly for a permit to legally work.”
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“Both men had participated in Nicaragua’s April rebellion of 2018, a movement that started among university students. The movement was incited by unpopular changes to the social security system, but quickly grew into a massive movement calling for democratic reforms.
Government forces immediately responded with crushing brutality, shooting at young protesters. “I felt a lot of pain, sadness to see mothers crying for their children,” Rojas said. He felt called to join the cause.”
It was knowable in advance that Trump’s illegal immigrant crackdown was not going to involve just criminals. People have no excuse for not knowing this and are part of the reason this is happening.
“The construction industry needs to attract 439,000 new workers this year to meet demand, otherwise costs will rise — putting some projects out of reach — per projections from the Associated Builders and Contractors trade group out Friday morning.”
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“Immigrants make up about 26% of the construction workforce, per census data cited by Pew Research Center last fall.”
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“An estimated 13% of construction workers are undocumented”
“On March 15, the Trump administration loaded more than 200 men onto three planes bound for El Salvador, where they were to be locked in its notorious CECOT prison. A video of the men being marched, head-down, into police vehicles and into the facility ricocheted around the world, a symbol of the United States’ position on immigrants it accuses of having gang ties.
But not seen by the camera were eight women who were also on the planes but never got off. Shortly after they landed, according to court filings, El Salvador apparently refused to take them. So they were shipped back, to be locked up again on American soil.
Now, for the first time, two of those women are speaking out in an interview with NBC News, describing the chaos they say they witnessed during the Trump administration’s deportation efforts and how, they allege, Immigration and Customs Enforcement officials deceived them about where they were being taken.
“We were lied to,” said one of the women, Heymar Padilla Moyetones, 24. “They told us we were going to Venezuela, and it turns out that, no. When we arrived at our destination, that’s when they told us we were in El Salvador.”
Trump administration officials have said all of the people it has sent to El Salvador were Venezuelans who were carefully vetted and had clear ties to Tren de Aragua, a gang from Venezuela that the administration has designated a terrorist organization.
But the vetting process apparently did not include determining whether El Salvador would accept female detainees.
Moyetones said ICE officials kept her on the aircraft. “They didn’t let us leave. They told us that we were going back, that we were coming back here,” she said.”
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““I came with a lot of dreams,” Moyetones said. Since she was a child, she said, the United States had been the country where she wanted “to make a life.” She ultimately came about a year ago, with her son, then an infant, to give him a better future.
“We thought that perhaps the treatment from people in this country would be different toward us,” she said, but after what happened with the flights, she is sad and disappointed with the United States and just wants to be deported back to her home country, Venezuela. But her son, now 2 years old, is in the care of a relative, and she does not know whether they will be reunited. “I am very afraid, because I have always been with my son,” she said. “I have always looked after my son, but I don’t know. I wouldn’t know what to tell you.””
“President Donald Trump claims that the Alien Enemies Act of 1798 grants him the power to deport certain Venezuelan-born aliens without due process based on the mere allegation of membership in a criminal street gang.
But the text of the Alien Enemies Act does not allow the president to do anything of the sort. “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,” the act states, the president may direct the “removal” of “all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized.”
The alleged crimes of the alleged members of the street gang Tren de Aragua do not meet this legal standard. There is no “declared war” between the United States and Venezuela, and there is no “invasion or predatory incursion” of the U.S. by “any foreign nation or government.” The gang is not a foreign state, and the gang’s alleged crimes, as heinous as they may be, do not qualify as acts of war by a foreign state. Trump’s frequent talk about a rhetorical “invasion” of the U.S. by undocumented immigrants utterly fails to satisfy the law’s requirements.
The fatal defects of Trump’s position are further illuminated when you compare Trump’s stance with James Madison’s 1800 “Report on the Alien and Sedition Acts.” (The Alien Enemies Act was one of the three laws that comprised the Alien and Sedition Acts.)
As Madison explained, there are two categories of “offences for which aliens within the jurisdiction” of the United States “are punishable.” The first category involves “offences committed by the nation of which they make a part, and in whose offences they are involved.” In this case, “the offending nation can no otherwise be punished than by war.” In other words, the offending nation in this case has committed an act of war against the United States. The aliens who fall within this category are “alien enemies.”
The second category involves offenses committed by aliens “themselves alone, without any charge against the nation to which they belong.” In this case, “the offence being committed by the individual, not by his nation, and against the municipal law, not against the law of nations; the individual only, and not the nation is punishable; and the punishment must be conducted according to the municipal law, not according to the law of nations.” The aliens who fall within this second category are “alien friends.”
Notice that “alien friends” may certainly be punished by the normal U.S. legal system for whatever crimes they commit while on U.S. soil. They may be deprived of their life, their liberty, and their property. But—and this is a big but—they may only be deprived of life, liberty, or property after they have received due process of law, which is what the Constitution guarantees to all persons, not just to all citizens.”
“The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.”
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“On Monday, Trump’s border czar, Tom Homan, said the flights were already in international airspace when the judge’s orders came and that more flights would continue.
“Once you’re outside the border, you know, it is what it is. But they’re in international waters, already on the way south, close to landing. You know what? … We did what we had to do,” he told Fox News’ “Fox & Friends” program.
Asked what was next, Homan said: “Another flight, another flight every day.”
“We’re not stopping. I don’t care what the judges think,” he added.”