"they" know Stephen Miller is a complete destroyer, why they mess with him i will never know. don't get me wrong, i absolutely love this guy, but how they think they can get anything past him is beyond me.
Ouch. That pesky Constitution is gonna get the Left allow in a tizzy. Oh well, they had every opportunity to read it, just like Q did. This isn't 5D chess, it's common sense backed up by law and a President willing to use the law to correct a lot of ills in this country.
The Alien Enemies Act of 1798 ("Act") allows the president to detain or deport the natives and citizens of an "enemy" nation with little if any due process. The Act is codified at 50 USC Chapter 3: Alien Enemies (also see the transcription of the original act at the bottom of this page).
When invoked by the President, the law states that "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, shall be liable to be apprehended, restrained, secured and removed, as alien enemies."
Under its terms the Act can be invoked via a Presidential Proclamation on two bases:
Basis 1: "...whenever there shall be a declared war between the United States and any foreign nation or government," or
Basis 2: When "any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government..."
Regarding basis 1. The president may invoke the Alien Enemies Act under basis 1 only if war against a foreign nation or government has been declared. Only Congress has the power to declare war. The United States web page About Declarations of War by Congress relates that "Congress approved its last formal declaration of war during World War II" but that in military actions since then Congress "has agreed to resolutions authorizing the use of military force and continues to shape U.S. military policy through appropriations and oversight."
Regarding basis 2. Under basis 2, the president may invoke the Alien Enemies Act without getting Congressional approval based on an attempted, ongoing, or even threatened "invasion or predatory incursion" by a "foreign nation or government." The president has inherent authority to repel these kinds of sudden attacks - an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway."
Note that under either basis, the law requires the hostility to be perpetrated by a "foreign nation or government."
Trump Executive Actions Invoking the Act
Trump executive actions invoking the Alien Enemies Act include:
Proclamation of March 15, 2025, Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua. See NAFSA's page for more information on this proclamation.
Other Trump Executive Actions Related to "Invasion"
Other Trump executive actions invoking the concept of "invasion," though not necessarily stemming from or invoking the Alien Enemies Act, include:
Executive Order 14159 of January 20, 2025: Protecting The American People Against Invasion. EO on whitehouse.gov | Federal Register cite: 90 FR 8443 (January 29, 2025). Among other things, directs the DHS Secretary to "ensure that the primary mission of U.S. Immigration and Customs Enforcement's Homeland Security Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and the enforcement of the purposes of this order." Note that the Student and Exchange Visitor Program (SEVP) is housed within HSI.
Presidential Proclamation 10888 of January 20, 2025: Guaranteeing the States Protection Against Invasion. Proclamation on whitehouse.gov | Federal Register cite: 90 FR 8333 (January 29, 2025). Declares that an ongoing "invasion" is occurring at the U.S. southern border and invokes executive authority under the Constitution and immigration law to suspend the entry of migrants crossing the border illegally. The proclamation directs the Department of Homeland Security to implement broad restrictions on entry, including denying asylum claims and removing individuals without processing under standard immigration procedures. In this executive order, President Trump also invoked his authority under Article IV, Section 4 of the Constitution, which provides that "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion..."
Thought this blurb from the DoJ in Docket #19 was interesting:
"Going forward, and in the absence of appellate relief, Federal Defendants will continue to protect the United States using authorities other than the Proclamation".
the law states that "all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards
I am reading a book about Jefferson. The Act was quite a debate back then. Actually, it was one of the main reasons that shaked the friendship between Adam and Jefferson, who was very critical of the Act
This thing is spicy. Have the EO on hand when you are reading it.
https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/
The EOs are all pure gold in terms of information quality btw, for those who haven't availed themselves of the resource yet.
Yeah, this gang has been deemed the most violent in the world!
"they" know Stephen Miller is a complete destroyer, why they mess with him i will never know. don't get me wrong, i absolutely love this guy, but how they think they can get anything past him is beyond me.
i'm very thankful he is on our side.
Ouch. That pesky Constitution is gonna get the Left allow in a tizzy. Oh well, they had every opportunity to read it, just like Q did. This isn't 5D chess, it's common sense backed up by law and a President willing to use the law to correct a lot of ills in this country.
Post - https://x.com/StephenM/status/1901372939892666781
Article by NAFSA -
The Alien Enemies Act of 1798
The Alien Enemies Act of 1798 ("Act") allows the president to detain or deport the natives and citizens of an "enemy" nation with little if any due process. The Act is codified at 50 USC Chapter 3: Alien Enemies (also see the transcription of the original act at the bottom of this page).
When invoked by the President, the law states that "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, shall be liable to be apprehended, restrained, secured and removed, as alien enemies."
Under its terms the Act can be invoked via a Presidential Proclamation on two bases:
Basis 1: "...whenever there shall be a declared war between the United States and any foreign nation or government," or Basis 2: When "any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government..." Regarding basis 1. The president may invoke the Alien Enemies Act under basis 1 only if war against a foreign nation or government has been declared. Only Congress has the power to declare war. The United States web page About Declarations of War by Congress relates that "Congress approved its last formal declaration of war during World War II" but that in military actions since then Congress "has agreed to resolutions authorizing the use of military force and continues to shape U.S. military policy through appropriations and oversight."
Regarding basis 2. Under basis 2, the president may invoke the Alien Enemies Act without getting Congressional approval based on an attempted, ongoing, or even threatened "invasion or predatory incursion" by a "foreign nation or government." The president has inherent authority to repel these kinds of sudden attacks - an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway."
Note that under either basis, the law requires the hostility to be perpetrated by a "foreign nation or government."
Trump Executive Actions Invoking the Act
Trump executive actions invoking the Alien Enemies Act include:
Proclamation of March 15, 2025, Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua. See NAFSA's page for more information on this proclamation. Other Trump Executive Actions Related to "Invasion"
Other Trump executive actions invoking the concept of "invasion," though not necessarily stemming from or invoking the Alien Enemies Act, include:
Executive Order 14159 of January 20, 2025: Protecting The American People Against Invasion. EO on whitehouse.gov | Federal Register cite: 90 FR 8443 (January 29, 2025). Among other things, directs the DHS Secretary to "ensure that the primary mission of U.S. Immigration and Customs Enforcement's Homeland Security Investigations division is the enforcement of the provisions of the INA and other Federal laws related to the illegal entry and unlawful presence of aliens in the United States and the enforcement of the purposes of this order." Note that the Student and Exchange Visitor Program (SEVP) is housed within HSI. Presidential Proclamation 10888 of January 20, 2025: Guaranteeing the States Protection Against Invasion. Proclamation on whitehouse.gov | Federal Register cite: 90 FR 8333 (January 29, 2025). Declares that an ongoing "invasion" is occurring at the U.S. southern border and invokes executive authority under the Constitution and immigration law to suspend the entry of migrants crossing the border illegally. The proclamation directs the Department of Homeland Security to implement broad restrictions on entry, including denying asylum claims and removing individuals without processing under standard immigration procedures. In this executive order, President Trump also invoked his authority under Article IV, Section 4 of the Constitution, which provides that "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion..."
https://www.nafsa.org/regulatory-information/alien-enemies-act-1798#
More info -
CHAPTER 3—ALIEN ENEMIES
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-1999-title50-chapter3&edition=1999
Thought this blurb from the DoJ in Docket #19 was interesting:
"Going forward, and in the absence of appellate relief, Federal Defendants will continue to protect the United States using authorities other than the Proclamation".
https://www.courtlistener.com/docket/69741724/jgg-v-trump/?order_by=desc
So doesn't that essentially mean there is a backup plan even if the way they are using the Alien Enemies Act is tossed?
-- Loophole detected.
Hence the X on the driver's license. Sharp eye, fren!
I am reading a book about Jefferson. The Act was quite a debate back then. Actually, it was one of the main reasons that shaked the friendship between Adam and Jefferson, who was very critical of the Act