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A divided panel of three judges has dismissed President Donald Trump’s plea that he can enforce special deportation measures when mass migration, supposedly supported by foreign states, threatens the nation.
“A country’s endorsement of its residents’ illegal entry into another nation is not akin to sending an armed, organized group to invade, disrupt, or otherwise harm the United States,” stated two of the judges from the U.S. Court of Appeals for the Fifth Circuit.
Trump argued that under the 1798 Alien Enemies Act (AEA), he could invoke special deportation powers due to what he claims is state-supported mass migration from Venezuela and other nations. This law permits such authority during an official military invasion or a loosely-organized “predatory incursion.”
Over 10 million illegal and quasi-legal migrants have entered the United States under President Joe Biden’s administration. A key aspect of Trump’s 2024 Presidential campaign was his promise to expel them.
The final decision is expected to be made by the U.S. Supreme Court.
The third judge backed Trump’s claim and scoffed at the two judges’ dismissal of Trump’s argument:
The Supreme Court has reiterated that a President’s declaration of an invasion, insurrection, or incursion is definitive. It is final and entirely immune from the review of unelected federal judges…
However, for President Trump, the criteria appear to differ. Today the majority concludes that Trump is merely an ordinary civil litigant. His announcement of a predatory incursion isn’t final. On the contrary, President Trump must present adequate supporting evidence — as if he were a typical plaintiff in a breach-of-contract lawsuit — to persuade a federal judge of his right to action.
That contravenes over 200 years of legal precedent. And it transmogrifies the least-dangerous branch into robed crusaders who get to playact as multitudinous Commanders in Chief.
The two judges who opposed Trump’s claim were appointed by President George W. Bush and President Joe Biden.
The third judge, Leslie Southwick, was also appointed by President George W. Bush.
The two-judge majority wrote:
The Government contends “the AEA grants the President a near ‘unlimited’ authority to identify and countermand foreign invasions or predatory incursions.” In its view, it is not for the courts to question the President’s assertion that the actions of TdA members constitute an invasion or predatory incursion by a foreign government.
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Our understanding is that to some extent at least, the distinction between a predatory incursion and an invasion turns on the enemy’s objectives, something often unknowable but, also, largely irrelevant under the AEA.
“We have just held that there was no ‘invasion or predatory incursion,’ and therefore the AEA does not apply. Nonetheless, the Supreme Court remanded the case to this court to address all relevant issues,” the judges wrote.
Biden’s migrants have killed many Americans during crimes, driving accidents, and workplace errors.
