Markk wrote: ↑Sun Apr 20, 2025 8:02 pm
Morley wrote: ↑Sun Apr 20, 2025 4:22 pm
This is only about due process. It's not about allegations of domestic abuse or gang membership that haven't been substantiated outside of due process. Without due process, anything can be alleged and then acted upon.
What are these due process clauses that Trump has 'wisely' taken advantage of? I must have missed them. Are the courts aware of them? Do the courts--who in our system are the arbitrators of such claims--agree with them?
I appreciate that, and your clarity here, thanks. Trump, by executive privilege and the constitution, Invoked the Alien Enemies Act (AEA). Which in short in regard to this specific question reads....
"
Sec. 3. I direct that all Alien Enemies described in section 1 of this proclamation are subject to immediate apprehension, detention, and removal, and further that they shall not be permitted residence in the United States.
Full context here...
https://www.whitehouse.gov/presidential ... de-aragua/
This is being debated and in the end will go before the the Supreme Court for a concrete decision, which Trump wants, I think, in that it is a right leaning court majority. Currently it is ambiguous and unclear. This is going on real time, and my understanding, and I'll listen to any options you have, is that the the Supreme Court is cryptic in their decisions on this, understandably, because it is moving fast and they want more information from the lower courts and the government.
Keep in mind what is critical here is that Trump named many gangs foreign terrorist organizations.
We are suppose to know more later in the week.
Where I differ is that I believe that we should not tolerate, or even entertain people that are here illegally, that beat their wives or any person, that are gang members, or commit crimes. Hopefully in my opinion, we will get a clear decision that will settle this. I believe we can deal with this quickly and decisively with amendments to the US code, such as in 1325 and 1326.
People always slip through the system, whether criminally or civilly....so I don't put much weight on that argument. prisons are full of people that have been screwed, who receive due process. We, in my opinion, have the ability to separate citizens, from those who enter here illegally.
Thanks.
It doesn't matter if dude is a wife beater or is covered in gang tattoos. It doesn't matter if Trump is against gangs, or that gangs are bad, or that things sometimes get screwed up even if folks get due process.
This is only about due process, and that according to the Constitution, the government can't deny a person due process. It's not about allegations of domestic abuse or gang membership or anything that hasn't been substantiated outside of due process. Without due process, anything can be alleged and then acted upon.
The Due Process Clause of the Constitution is found in both the Fifth and Fourteenth Amendments. It's there to ensure that the government cannot deprive individuals of life, liberty, or property without following fair procedures.
Markk wrote: ↑Sun Apr 20, 2025 1:54 pm
II explained that due process has clauses, and Trump wisely is taking advantage of one of them to clean up the mess that past administrations created and which you apparently support.
There are no clauses in either the Fifth and Fourteenth Amendments for Trump to 'wisely' take 'advantage of.' His invocation of the Alien Enemies Act has nothing to do with any clause in the Constitution's due process guarantees in the Fifth and Fourteenth Amendments.
No one here has to provide an alternate method to solving gang problems to be justified in saying that Trump's wrong in this. Demanding folks do that is a deflection. Insisting on that like saying that I can't critique Luigi Mangione's killing of the CEO of United Health Care without coming up with an alternative solution to America's healthcare problems.
Your only legitimate line of argument is that Trump is allowed to use the Alien Enemy Act to suspend guarantees of due process. I think it's a specious argument, but you should stick to that.
Prior to this, the The Alien Enemy Act has only been invoked three times, and those were during major wars. With the wars of 1812, WWI, and WWII, foreign governments had declared war on the US, and the US Congress had declared war on foreign countries. Nothing like that is the case now. Members of foreign gangs in the US does not equal foreign governments carrying out invasions of the US.
I agree with the federal court that this a a pretty weak argument for sending someone like Kilmar Abrego Garcia to the prison of a foreign country without due process. You seem to think that, since he's alleged have been a tattooed wife beater, it's okay.