“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.”
“There are many excellent reasons why Boasberg should not be impeached, including the fact that Boasberg’s judgment against Trump is both persuasive and well-grounded in the law. Trump may claim that he has the unilateral authority to deport alleged criminal aliens without due process. But the administration’s arguments in support of that sweeping claim fail to pass muster on multiple counts.
Under the Alien Enemies Act of 1798, “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 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.”
Trump invoked that law in his March 15 proclamation ordering the “immediate apprehension, detention, and removal” of alleged members of the street gang Tren de Aragua, who are allegedly “conducting irregular warfare and undertaking hostile actions against the United States…in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela.”
Except there is no “declared war” between the United States and Venezuela. And while Trump and his allies have certainly promoted the idea of a rhetorical “invasion” of the U.S. by unlawfully present aliens, that is merely a talking point. Such rhetoric does not alter the plain text of the Alien Enemies Act, which refers to military invasions by a “foreign nation or government.” As James Madison explained in his “Report on the Alien and Sedition Acts,” published on January 7, 1800, “invasion is an operation of war.” The alleged crimes of the alleged members of a nonstate street gang do not magically become “an operation of war” just because the president says so in the hopes of unlocking extra powers.
Speaking of James Madison, he said that the role of the judiciary was to stand as “an impenetrable bulwark against every assumption of power in the legislative or executive.” That description is probably as good of an explanation as any for why Trump, just like Roosevelt before him, is so eager to stop the courts from doing their job.”
It really looked a lot like a Nazi salute. And he did it twice. A non-troll would afterwards say ‘oops!’, my bad, I didn’t realize in the moment what that looked like.’ Instead, he just joked and claimed he’s a victim of people calling others fascist too easily. He either did it on purpose as an inappropriate joke, did it on accident and is too blind to realize it was a mistake, or did it on purpose because he’s an actual Nazi. My guess is the first one, with the second one being the next most likely…I hope it wasn’t the last one.
“If the Trump administration merely ended all formal DEI training and initiatives, I wouldn’t be too concerned. They were, after all, never a significant part of what we did. What troubles me most is the attempt to stop all conversations about race and gender. Personal relationships and teams are strengthened by having difficult conversations, conversations that can sometimes make people uncomfortable. Avoiding, or worse banning, those conversations weakens both relationships and teams. Trust, mutual respect and shared values and goals are the foundations of strong teams. All are enhanced by open and candid conversations.
Eliminating any discussion of race or gender will have three negative consequences. The Trump administration and Secretary Hegseth are sending a strong message that white males are in charge again and they don’t want to hear anything about gender or racial inequities. Intended or not, that is what is being heard. Conversations I have had with leaders at all levels of the military indicate this is already having a significant impact on the morale and well-being of a large fraction of the force. Second, this is going to have a very negative effect on recruiting and retention that will deny our military the benefit of some of the most capable people in the nation. By the end of the Biden administration, we had met or exceeded all of the Department of the Air Force’s recruiting goals; I would hate to see that trend reversed. People already serving will choose to leave, and those considering service in the military will find other career options. Finally, the changes being implemented will empower the small minority of people who do have conscious gender or racial bias to act on those views. There aren’t many of these people in our military, but I can say from personal experience that they do exist.
If the Department of Defense and the nation are to move forward on gender and racial issues, we have to do it together. This means that white males like myself must join conversations that we may find uncomfortable and we must develop and display empathy for people unlike ourselves. That is called leadership. Conversations about race and gender are still going to happen no matter what policies are put in place to outlaw DEI training, ban certain words or eliminate affinity groups. Because of what the Trump administration and Secretary Hegseth are doing those conversations just won’t include white males. That is not going to make our military more united or stronger. It is going to make us weaker.”
German middle class people tended to support Hitler’s Nazi Party. They were afraid of Communist rebellion from below and dominating wealthy elites from above.