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#alienenemiesact

86 posts22 participants5 posts today
Continued thread

The disclosure calls into question the credibility of #Trump’s basis for invoking a rarely used wartime #law, the #AlienEnemiesAct of 1798, to transfer a group of #Venezuelans to a high-security prison in #ElSalvador last weekend, with no #DueProcess.

The #intelligence community assessment concluded that the gang, #TrenDeAragua, was not directed by #Venezuela’s govt or committing crimes in the #US on its orders….

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#RachelMaddow just interviewed Lindsay Toczylowski, #immigration atty for one of the *deported* individuals being held at #CECOT in #ElSalvador.
He was deemed a member of the gang #TdA because he has tattoos & is Venezuelan.
Her client is a #gay make-up artist who was seeking #asylum in the #US. Toczylowski shared some personal photos of her client.

I posted an interview by Sam Stein w/Toczylowski earlier this wk.
#law #Constitution #AlienEnemiesAct #DueProcess #CivilRights #AbuseOfPower #Trump

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“He then stated, 'I understand that Cabinet Secretaries are currently actively considering whether to invoke the #StateSecrets privilege over the other facts requested by the Court's order. Doing so is a serious matter that requires careful consideration of national security & foreign relations, & it cannot properly be undertaken in just 24 hours.'

“This is woefully insufficient.”

[a seriously scripted declaration]

#Trump#Boasberg#law
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“Although skeptical of the applicability of such privilege, the Court granted Defendants another 24hrs either to release the information ordered or to invoke the privilege.…

“In an ex parte pleading delivered shortly after today's deadline, the Govt again evaded its obligations.

#Trump#Boasberg#law
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Judge #Boasberg is exasperated.

“On March 18, 2025, the Court ordered Defendants to provide by noon the following day specific information regarding flights carrying individuals subject to the Court’s Temporary Restraining Orders issued 3 days before.…Defendants instead filed a pleading shortly before the deadline seeking to stay the Order in large part on the ground that they were considering whether to invoke the #StateSecrets privilege.…

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3. By March 25, 2025, Defendants shall file a brief showing cause why they did not violate the Court's Temporary Restraining Orders by failing to return class members removed from the United States on the two earliest planes that departed on March 15, 2025; &

4. Plaintiffs may file any response to such brief by March 31, 2025.

#Trump#Boasberg#law
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#NEW

Order from Judge #Boasberg in #JGGvTrump

1. By March 21, 2025, at 10:00 AM, Defendants shall submit a sworn declaration by a person with direct involvement in the Cabinet-level discussions regarding invocation of the state-secrets privilege;

2. By March 25, 2025, Defendants shall submit a declaration indicating whether or not the Government is invoking the privilege;

storage.courtlistener.com/reca

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NYTimes: Trump administration lawyers have determined that an 18th-century wartime law the president has invoked to deport suspected members of a Venezuelan gang allows federal agents to enter homes without a warrant, according to people familiar with internal discussions.

The disclosure reflects the Trump administration’s aggressive view of presidential power, including setting aside a key provision of the Fourth Amendment that requires a court order to search someone’s home.

It remains unclear whether the administration will apply the law in this way, but experts say such an interpretation would infringe on basic civil liberties and raise the potential for misuse. Warrantless entries have some precedent in America’s wartime history, but invoking the law in peacetime to pursue undocumented immigrants in such a way would be an entirely new application, they added.
___

So this is based on the #AlienEnemiesAct which the courts are already questioning. Dear Leader is discussing the matter, and no decision is made yet. But be careful out there. They may tell ICE agents no warrants are needed at any time. This will resort to some poor soul becoming the test case in the courts.

Gift Link courtesy of @mitten nytimes.com/2025/03/20/us/poli

Will edit in a paywall busted link when it becomes available.

U.S. Immigration and Customs Enforcement officers during an arrest operation in Florida in 2023. Currently, immigration agents without a warrant can do little more than knock on a door and ask to come in.
The New York Times · Administration Officials Believe Order Lets Immigration Agents Enter Homes Without WarrantsBy Devlin Barrett
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~15 declarations were filed overnight in #JGGvTrump. You can read them in the latest filing. The sworn declarations are from attys whose clients were not gang members but because #Trump suspended #HabeasCorpus / #DueProcess under the #AlienEnemiesAct they were scooped up by #ICE, flown to a country w/which they had no association & thrown into a high max forced labor #terrorist detention center. All had complied w/ #immigration #law & had pending hearings seeking #asylum.
courtlistener.com/docket/69741

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#DOJ lawyers urged an appeals court Wed to overturn a judge’s block on #Trump’s #deportation of #Venezuelans under the #AlienEnemiesAct.

The filing is the latest volley in an escalating legal battle over Trump's priority of strengthening #immigration enforcement. Trump has called for Chief US District Judge James #Boasberg's #impeachment …[&] #SCOTUS Chief Justice #JohnRoberts rebuked Trump over the impeachment threat.

#law #DueProcess #Judiciary #ConstitutionalCrisis
usatoday.com/story/news/politi

USA TODAY · Trump administration asks appeals court to reverse block on deportation of VenezuelansBy Bart Jansen
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On Sat, in defiance of a federal court order, #Trump used the #AlienEnemiesAct — a 1798 law previously invoked only in wartime — to deport 137 Venezuelan immigrants, flying them & 124 others to #ElSalvador for open-ended detention in a grim prison complex accused of brutal #HumanRights violations. The WH claims, without offering proof, that the #Venezuelans were members of a violent gang called Tren de Aragua, which ofcls call a “terrorist” group waging “war” against the #UnitedStates.