Judge Sweeney says aliens must be given 21-day notice before deportation under Alien Enemies Act

[Care4all]

The Biden administration willfully ignored the laws with protecting our border which created this
entire debacle.
Biden usurped his constitutionally duties.

No, he didn't. Everything was lawful. That's why repubs never sued Biden for breaking the law or won in a Court to stop him.

Presidents are given extraordinary power over immigration by congress relinquishing their own legislative power to the Executive....

This is why imo we so desperately need congress to write immigration reform legislation....so each president doesn't put us on a rollercoaster of different immigration policy with each president's Executive Orders.

 

[WEATHER53]

The DOJ enforces the law. They are not the law.

“The law” is a silky buzz word with no specific definition of what comprises it
Lib loons live to throw out the vacuous “Trump is not the law”. Reminds me of “my dad can beat your dad”

 

[DonGlock26]

See: Trump must give some Venezuelan migrants 21 days’ notice before deportations, judge rules 1

April 22, 2025


The fact is, under Section 2 of the Alien Enemies Act, those charged by “complaint” are entitled to the process outlined within Section 2.

What Judge Sweeney suspiciously avoids to note in her written opinion is, under Section 1 of the Enemies Alien Act, the President is delegated an extraordinary power totally separate from aliens charged by “complaint” under Section 2, and it includes an unobstructed discretionary deportation power to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, to pose a threat to the general welfare of the United States and her citizens.

With respect to Section 1’s extraordinary power, the only process which may be due an alien when secured for deportation is a writ of habeas corpus, and it would be limited to determining whether or not the subject in question is in fact an alien and not a citizen of the United States.

JWK


”The accumulation of all powers, legislative, executive, and judiciary, in the same hands [a United States District Judge] . . . may justly be pronounced the very definition of tyranny.” ___ Madison, Federalist Paper No. 47

Sounds like a progressive judicial insurrection.

 

[Meister]

No, he didn't. Everything was lawful. That's why repubs never sued Biden for breaking the law or won in a Court to stop him.

Presidents are given extraordinary power over immigration by congress relinquishing their own legislative power to the Executive....

This is why imo we so desperately need congress to write immigration reform legislation....so each president doesn't put us on a rollercoaster of different immigration policy with each president's Executive Orders.

You can call an invasion anything you want, but 15-20 million of undocumented illegals
is a violation. Call it a banana for all I care, Care. I'm surprised coming from you.

 

[excalibur]

The DOJ enforces the law. They are not the law.

Yeah, they are the law. As in lawmen.

 

[pknopp]

“The law” is a silky buzz word with no specific definition of what comprises it
Lib loons live to throw out the vacuous “Trump is not the law”. Reminds me of “my dad can beat your dad”

9-0 Supreme Court.

 

[fncceo]

aliens must be given 21-day notice before deportation​

Great! 21 days in GITMO (US territory) before deportation…

… many of them will be grateful to leave.

 

[pknopp]

Yeah, they are the law. As in lawmen.

Even Matt Dylan would note he had to take them before a judge.

 

[Care4all]

Not what SCOTUS said. They mentioned no setting of a number of days by lower courts. And that is because one court as here, could say 21 days, another 5-days, another 30 days (I believe a judge in the SDNY just did that for 10 or so detainees), etc.

SCOTUS said this:

​

More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such​

removal occurs.​

https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf

It says what I said.... A notice and reasonable amount of time must be given.... Each person may be different depending on their own circumstance and complications...the immigration courts are pretty jammed up.....and they have to find a lawyer to represent themselves and gather evidence if needed. It seems like 3 weeks is reasonable for all that to happen....maybe it could be done in 2 weeks or less on cases less complicated? Depends on court availability in that district....too!

 

[excalibur]

Even Matt Dylan would note he had to take them before a judge.

Part of the legal process.

 

[excalibur]

It says what I said.... A notice and reasonable amount of time must be given.... Each person may be different depending on their own circumstance and complications...the immigration courts are pretty jammed up.....and they have to find a lawyer to represent themselves and gather evidence if needed. It seems like 3 weeks is reasonable for all that to happen....maybe it could be done in 2 weeks or less on cases less complicated? Depends on court availability in that district....

Nope, you said:

Actually the lower courts were told by the supreme court to do it and to determine a reasonable amount of time.

The order does not say that at all. The order is to the Executive branch.

​

AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such​

removal occurs.​

Nowhere are lower courts referenced. And as I posted above, that would lead to different times, such as this one 21 days and the SDNY court 10 days. IOW, a mess.

in Manhattan, U.S. District Judge Alvin Hellerstein appeared inclined to require the administration to notify Venezuelans at least 10 days in advance before deporting them under that 18th century law.​

https://www.reuters.com/legal/trump-must-give-some-venezuelan-migrants-21-days-notice-before-deportations-2025-04-22/

 

[Care4all]

Nope, District Courts are creations of Congress, not in the Constitution.

Inferior courts cannot rule over Constitutional authority, only the one Supreme Court and that is limited to what the Founders gave it as to original jurisdiction, and perhaps on the Constitutionality of laws.


SCOTUS is co-equal, not mere creations of Congress as inferior courts are. That is where the Republic went off the rails.

Lower/Inferior courts are MOST CERTAINLY in the Constitution silly one!


The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish

 

[The Sage of Main Street]

Isn't it odd how Dimocrats didn't want to challenge Clinton or Obama when they deported MILLIONS of illegals.

Come and Go, Go and Come

Those deportees came right back, that's obviously why the robber-robes kept silent.

 

[Care4all]

Nope, you said:




The order does not say that at all. The order is to the Executive branch.

​

AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such​

removal occurs.​

Nowhere are lower courts reference. And as I posted above that owuld than allow each court to se a date,as we alreday have sen in this 21 dua order, and a 30 day order ut of the SDNY.

Ok. So what has the executive determined as reasonable? Two weeks? One week?

Or 12 to 24 hours? What has the Executive branch determined to be enough time for them to get lawyers, evidence and a court available for habeas corpus to take place?

 

[whitehall]

Where did the 21 day notice come from? Isn't it logical to keep them under incarceration until the magic 21 days are up?

 

[excalibur]

Not what SCOTUS said. They mentioned no setting of a number of days by lower courts. And that is because one court as here, could say 21 days, another 5-days, another 30 days (I believe a judge in the SDNY just did that for 10 or so detainees), etc.

SCOTUS said this:

​

More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such​

removal occurs.​

https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf

Actually, it was 10-days in the SDNY.

 

[WEATHER53]

Even Matt Dylan would note he had to take them before a judge.

If someone is drawing on Matt then no stinking lame ass judge is interfering in anything
We have become Far Too concerned with the criminal instead of those adversely affected by these slimes.

 

[The Sage of Main Street]

Yes the rule of law is truly terrible.

Coyote Courts

It's the best law money can buy.

 

[Care4all]

Lower courts are MOST CERTAINLY in the Constitution silly one!

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish

 

[pknopp]

If someone is drawing on Matt then no stinking lame ass judge is interfering in anything
We have become Far Too concerned with the criminal instead of those adversely affected by these slimes.

If that scenario is relevant here (it isn't) we can discuss it then.