I never understood how a DOJ attorney would be stupid enough to sign a pleading claiming that the Alien Enemies Act applied. Any attorney who signed such a pleading need to be disbarred or sanctioned. Only an idiot would put his name on such a pleading or filing.
https://bsky.app/profile/nipperdawg.bsky.social/post/3lojjvpcwc22y
https://www.rawstory.com/trump-alien-enemies-act-44
A federal judge in New York found President Donald Trump's use of the Alien Enemies Act was unlawful, Just Security legal analyst Adam Klasfeld reported Tuesday.
According to the ruling, the judge said that there's no “war,” “invasion” or “predatory incursion" — all have which Trump has suggested justify his use of the act to deport people without due process.
Trump alleged that he must use the AEA because there was "the greatest invasion in history" by immigrants into the U.S. In particular. Trump alleged that there was an influx of international gang members.
In a brutal decision, Judge Alvin K. Hellerstein began by giving Trump's represenatives a history lesson.
"This nation was founded on the 'self-evident' truths 'that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, [and] that among these are Life, Liberty and the pursuit of Happiness,'" he wrote.
"Our Constitution embodies these truths, in a limited government of enumerated powers, in its system of checks and balances separating the executive, legislative and judicial branches, and in its guarantee that neither citizen nor alien be “deprived of life, liberty, or property, without due process of law."
He continued: "Yet, in March 2025, more than 200 aliens were removed from this country to El Salvador’s Terrorism Confinement Center (“CECOT'), with faint hope of process or return. The sweep for removal is ongoing, extending to the litigants in this case and others, thwarted only by order of this and other federal courts."
At the end of April, a federal judge in Colorado made "preliminary findings that the AEA didn't apply, but the final ruling on that is pending," Klasfeld recalled in a post on Bluesky.
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