Federal Judge blocks Trump from deporting illegal alien gang members

5,401 Views | 191 Replies | Last: 7 min ago by 4th and Inches
Wangchung
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It's almost as if those who bemoan every waking breath of Trump as fascism, and who have been repeatedly embarrassed by the time we learn the facts behind each accusation against Orange Man Bad, have no credibility left with the rest of us. Instead of looking inward or at the very least looking towards the source of the misinformation they CONTINUALLY fall victim to they blame everyone else for "thinking alike."
Our vibrations were getting nasty. But why? I was puzzled, frustrated... Had we deteriorated to the level of dumb beasts?

BearFan33
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It's funny. No judge stops Biden or Obama from flying immigrants by the thousands into the country but if you try to fly some criminal ones out, we need to put the brakes on.
El Oso
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The 5th and 14th amendment for starters. Due process was not complete when the plane took off.

Yes, the judge was making a questionable decision. Yes, it would delay the process. So what? He's going to be overruled on appeal. It probably happens at the next level, but it definitely happens when the case gets to SCOTUS.

Let due process run it's full course. You still get rid of these people, but you don't look like you're above the law when you do. Instead of being patient, Trump fed the narrative against him. By being impatient he also rallied his base even more.
ScottS
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Remember when Biden ignored the Supreme Court ruling on student loan repayments?
Married A Horn
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Limited IQ Redneck in PU said:

BTW, I am furious too. Do I need to follow the constitution or do my emotions override it?


You cant let your emotions override you. Your anger over your overreaching Soros judge getting ignored should in no way impair you from knowing Trump should follow the constitution by ignoring that judge - like SCOTUS ruled for Jackson in 1867.
Married A Horn
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Enemy invaders do not get due process.
J.R.
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Married A Horn said:

J.R. said:

I have Zero problem with rounding up these clowns,, criminals, gangsters and flying their arse out of here . My continued concern with the pig man is that we have got to follow the law. There are 3 branches of govt. for a reason. Continually thumbing their nose at the rule of law is a problem. This Stephen Miller dude is trouble btw.


Your beloved 3rd branch's job is not to be the Executive Branch. They are the ones breaking the law. Trump is following the law by ignoring him.

Our continued concern is the illegal lawfare your side keeps waging. Your real continued concern is that you are getting your a** handed to you. #winning
brah....reading comprehension and your ability to understand basics make you laughable. How's that lesbian wife of yours?
El Oso
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The fifth amendment uses the phrases "no person" and "nor shall any person." The fourteenth amendment uses the phrase "nor deny to any person within its jurisdiction."

Can you point out the no enemy invaders clause because I don't see it?

When it comes to key constitutional provisions like due process and equal treatment under the law, the U.S. Constitution applies to all persons. Which includes both legal and illegal immigrants and not just U.S. citizens.
.
El Oso
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And remember when everyone on this board blasted him for doing so?

Trump's done the same thing on a different issue and now and earlier wrong makes this wrong right?

Oldbear83
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El Oso said:

I didn't say that either. But, once a person is here, legally or illegally, they are protected by the Constitution. They had an appeal pending and Trump carried out sentence. That's unconstitutional.


Please cite the Constitutional protection specifically given to those who come here illegally, especially criminal gangs.

I am unaware of any such clause in the Constitution.
Oldbear83
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Word salad again, just ignore the meaning of words and claim they say whatever you want them to say.
Limited IQ Redneck in PU
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Oldbear83 said:

Word salad again, just ignore the meaning of words and claim they say whatever you want them to say.
  • "Persons" vs. "Citizens":
    The Constitution often uses the term "persons" or "the people" rather than "citizens" when outlining rights, indicating that these protections are not limited to citizens.

  • Due Process and Equal Protection:
    The Fifth and Fourteenth Amendments guarantee due process and equal protection under the law, which apply to all individuals within the United States, regardless of their citizenship status.

  • Examples of Constitutional Rights for Non-Citizens:
    • First Amendment: Non-citizens are protected in exercising their rights to free speech, religion, and assembly.

    • Fourth Amendment: They are protected from unreasonable searches and seizures.

    • Fifth Amendment: They have the right to due process and protection against self-incrimination.

    • Sixth Amendment: They have the right to a public trial, a trial by jury, and the assistance of a lawyer.

Limited IQ Redneck in PU
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I hope this isnt too wordy for you. Let me know if you need any help.
historian
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Married A Horn said:

Plenty of republicans not in our sandbox too.

We call them RINO's. Mitt Romney & Liz Cheney are prominent examples.
Married A Horn
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Alien Enemies Clause

21. Restraint, regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
historian
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BUDOS said:

Not according to the posts in this forum. Anyone in this forum who disagrees with what Trump is referred to as a Democrat or leftist.

Because the people in this forum are the final authority on whatever subject is being discussed? Obviously, you don't believe that. Neither does any of the rest of us.
Robert Wilson
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Limited IQ Redneck in PU said:

Oldbear83 said:

Word salad again, just ignore the meaning of words and claim they say whatever you want them to say.
  • "Persons" vs. "Citizens":
    The Constitution often uses the term "persons" or "the people" rather than "citizens" when outlining rights, indicating that these protections are not limited to citizens.

  • Due Process and Equal Protection:
    The Fifth and Fourteenth Amendments guarantee due process and equal protection under the law, which apply to all individuals within the United States, regardless of their citizenship status.

  • Examples of Constitutional Rights for Non-Citizens:
    • First Amendment: Non-citizens are protected in exercising their rights to free speech, religion, and assembly.

    • Fourth Amendment: They are protected from unreasonable searches and seizures.

    • Fifth Amendment: They have the right to due process and protection against self-incrimination.

    • Sixth Amendment: They have the right to a public trial, a trial by jury, and the assistance of a lawyer.




So, after 8 million illegal immigrants saunter across the border over the last few years, you think we have to have 8 million trials to send them back? With full on appellate rights for all of them? Including the explicit gang members with violent records?
Married A Horn
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Robert Wilson said:

Limited IQ Redneck in PU said:

Oldbear83 said:

Word salad again, just ignore the meaning of words and claim they say whatever you want them to say.
  • "Persons" vs. "Citizens":
    The Constitution often uses the term "persons" or "the people" rather than "citizens" when outlining rights, indicating that these protections are not limited to citizens.

  • Due Process and Equal Protection:
    The Fifth and Fourteenth Amendments guarantee due process and equal protection under the law, which apply to all individuals within the United States, regardless of their citizenship status.

  • Examples of Constitutional Rights for Non-Citizens:
    • First Amendment: Non-citizens are protected in exercising their rights to free speech, religion, and assembly.

    • Fourth Amendment: They are protected from unreasonable searches and seizures.

    • Fifth Amendment: They have the right to due process and protection against self-incrimination.

    • Sixth Amendment: They have the right to a public trial, a trial by jury, and the assistance of a lawyer.




So, after 8 million illegal immigrants saunter across the border over the last few years, you think we have to have 8 million trials to send them back? With full on appellate rights for all of them? Including the explicit gang members with violent records?


Nope. Alien enemies clause covers invasions. Send em all back with no due process.
Limited IQ Redneck in PU
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historian said:

Married A Horn said:

Plenty of republicans not in our sandbox too.

We call them RINO's. Mitt Romney & Liz Cheney are prominent examples.
Anyone that doesnt toe the line needs a name. Wasnt Romney the republican nominee for president at one time? I couldnt vote for Romney or McCain because I didnt think they were conservative enough
historian
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El Oso said:

I didn't say that either. But, once a person is here, legally or illegally, they are protected by the Constitution. They had an appeal pending and Trump carried out sentence. That's unconstitutional.

They are illegal aliens. They have no right to be in the US. The judge issued an order when they were flying over international waters, beyond his jurisdiction. If he had issued it before the plane took off, it would have been beyond his jurisdiction because no district judge has the authority to take over foreign policy. That is the president's responsibility under the constitution. No judge has the authority to abrogate the constitution. Arguably, what he did was an act of treason.
El Oso
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Oldbear83 said:

El Oso said:

I didn't say that either. But, once a person is here, legally or illegally, they are protected by the Constitution. They had an appeal pending and Trump carried out sentence. That's unconstitutional.


Please cite the Constitutional protection specifically given to those who come here illegally, especially criminal gangs.

I am unaware of any such clause in the Constitution.
For me, it's the phrases no person, any person, etc. that are repeatedly used throughout the document. The right to vote and run for office are the only ones limited to citizens in the verbiage of the Constitution. All other rights use the phrases no person, any person, all persons, the people or some other version of those phrases.

I won't list the laundry list of SCOTUS cases indicate illegal immigrants get these rights, but here are a few. The last one applies directly to your phrase "given to those who come here illegally."
Plyer v Doe (1982)--illegal immigrant children have the right to public education
Reno v Flores (1993)--alien juveniles facing deportation get due process rights
Demore v Kim (1996)--detention mandatory pending adjudication of the case
Zadvydias v Davis (2001)--held that due process applies to all aliens in the United States, even those whose presence is "unlawful, involuntary, or transitory"
Married A Horn
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El Oso said:

Oldbear83 said:

El Oso said:

I didn't say that either. But, once a person is here, legally or illegally, they are protected by the Constitution. They had an appeal pending and Trump carried out sentence. That's unconstitutional.


Please cite the Constitutional protection specifically given to those who come here illegally, especially criminal gangs.

I am unaware of any such clause in the Constitution.
For me, it's the phrases no person, any person, etc. that are repeatedly used throughout the document. The right to vote and run for office are the only ones limited to citizens in the verbiage of the Constitution. All other rights use the phrases no person, any person, all persons, the people or some other version of those phrases.

I won't list the laundry list of SCOTUS cases indicate illegal immigrants get these rights, but here are a few. The last one applies directly to your phrase "given to those who come here illegally."
Plyer v Doe (1982)--illegal immigrant children have the right to public education
Reno v Flores (1993)--alien juveniles facing deportation get due process rights
Demore v Kim (1996)--detention mandatory pending adjudication of the case
Zadvydias v Davis (2001)--held that due process applies to all aliens in the United States, even those whose presence is "unlawful, involuntary, or transitory"


Not under the Alien Enemies Clause they dont, which Trump invoked.
Mitch Blood Green
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Married A Horn said:

Alien Enemies Clause

21. Restraint, regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.


Do we have a declared war?
El Oso
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Nobody, at least me, is denying they do not have the right to be here. What I am arguing is that once they are here, they are entitled to the protections of the Constitution. Those protections were violated the minute that plane took off with their appeal still pending.

Everyone in the U.S. is entitled to our constitutional protections (my interpretation of multiple SCOTUS rulings since 1982). Therefore, Trump should have let them stay until the case was resolved. That's it.

They'll still be deported, but it should have been unquestionably legal when it happened because due process had run it's course. If a case is pending, due process has not run its course.
Robert Wilson
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El Oso said:

Oldbear83 said:

El Oso said:

I didn't say that either. But, once a person is here, legally or illegally, they are protected by the Constitution. They had an appeal pending and Trump carried out sentence. That's unconstitutional.


Please cite the Constitutional protection specifically given to those who come here illegally, especially criminal gangs.

I am unaware of any such clause in the Constitution.
For me, it's the phrases no person, any person, etc. that are repeatedly used throughout the document. The right to vote and run for office are the only ones limited to citizens in the verbiage of the Constitution. All other rights use the phrases no person, any person, all persons, the people or some other version of those phrases.

I won't list the laundry list of SCOTUS cases indicate illegal immigrants get these rights, but here are a few. The last one applies directly to your phrase "given to those who come here illegally."
Plyer v Doe (1982)--illegal immigrant children have the right to public education
Reno v Flores (1993)--alien juveniles facing deportation get due process rights
Demore v Kim (1996)--detention mandatory pending adjudication of the case
Zadvydias v Davis (2001)--held that due process applies to all aliens in the United States, even those whose presence is "unlawful, involuntary, or transitory"


So, because the prior administration allowed the population of Michigan to illegally saunter into the United States over the last few years, we have to give every single one of those people a trial before we can send them back?
El Oso
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The Alien Enemies Act was created to give the president wide powers to imprison and deport noncitizens in time of war.

The Constitution grants Congress the sole power to declare war: Article One, Section Eight, Clause 11: [The Congress shall have Power ...] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water ...

I am unaware of any congressional declaration of war. Maybe you can tell me when it happened.
Assassin
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Married A Horn said:

I still say ignore these overreaching judges. Just do what Biden did.

Trump must have calm cool calculating people in his ear getting him to play some long game here. I would acknowledge the war the left has declared against us and be much more aggressive.
They're hoping to delay until the midterms is my guess. Then if they can win something, then they can keep foreign terrorists in the USA and eventually let them back into the population.

It's a Democrat thing...
Facebook Groups at; Memories of: Dallas, Texas, Football in Texas, Texas Music, Through a Texas Lens and also Dallas History Guild. Come visit!
El Oso
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Yes. The Supreme Court extended these constitutional protections to all aliens within the United States, including those who entered unlawfully, declaring that aliens who have once passed through our gates, even illegally, may be expelled only after proceedings conforming to traditional standards of fairness encompassed in due process of law.

More case law:
Shaughnessy v. United States ex rel.--an immigrant entering does not have rights, but an immigrant once inside, does
Mezei, 345 U.S. 206, 212 (1953)
;
Mathews v. Diaz, 426 U.S. 67, 77 (1976) On the second issue, the Court reaffirmed that noncitizens are entitled to due process protections under the Fifth and Fourteenth Amendments regardless of immigration status.
and again Plyler v. Doe, 457 U.S. 202, 215 (1982) (holding that unlawfully present aliens were entitled to both due process and equal protection under the Fourteenth Amendment).
Wangchung
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Wasn't written as a response to invasion by tens of millions. Making it across the border does not mean we have to sacrifice our resources and court system.
Our vibrations were getting nasty. But why? I was puzzled, frustrated... Had we deteriorated to the level of dumb beasts?

Assassin
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Mitch Blood Green said:

Married A Horn said:

Alien Enemies Clause

21. Restraint, regulation, and removal
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety.
Do we have a declared war?
George W declared it a couple of decades ago

https://www.georgewbushlibrary.gov/research/topic-guides/global-war-terror
Facebook Groups at; Memories of: Dallas, Texas, Football in Texas, Texas Music, Through a Texas Lens and also Dallas History Guild. Come visit!
historian
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4th and Inches said:

Limited IQ Redneck in PU said:

BTW, I am furious too. Do I need to follow the constitution or do my emotions override it?
which part of the constitution has been violated?

The fascist judge violated large portions of Article 2 when he tried to usurp the commander in chief's authority & powers.
El Oso
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The president cannot declare war. But you also conveniently left out the part about what he tried to do in Guantanamo Bay until SCOTUS told him he couldn't do that. While different, it is somewhat similar to this situation.

"Detainees were to be tried under military commissions. These commissions were struck down by the Supreme Court in Hamdan v. Rumsfeld, after which the United States Congress passed the Military Commissions Act of 2006."

The Supreme Court ruled that the military commissions established by the Bush administration to try detainees at Guantanamo Bay violated the Uniform Code of Military Justice and the Geneva Conventions, and were not authorized by any act of Congress.

The Alien Enemies Clause needs a declaration of war that only Congress can authorize. There isn't one.
Doc Holliday
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Limited IQ Redneck in PU said:

BUDOS said:

Not according to the posts in this forum. Anyone in this forum who disagrees with what Trump is referred to as a Democrat or leftist.
Its an attitude that if you dont think like us you must be an idiot. I have never voted for a Dem above the county level. but /i get called Dem al the time. I have voted republican more than most posters here. But they fall in line with Trump and think its their way or the highway. My little brother believes everything Trump says even though every other thing Trump says is a lie.

Board was more fun when it had a variety of viewpoints
It is our way or the highway when it comes to the powers we granted Trump after we won him the presidency and popular vote.

You've inaccurately assessed what Trump can or can't do. These judges are objectively in the wrong.

You're simply in the wrong.
william
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'we don't need no stinkin' badges' - DOGE
historian
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BearFan33 said:

It's funny. No judge stops Biden or Obama from flying immigrants by the thousands into the country but if you try to fly some criminal ones out, we need to put the brakes on.

The Leftists are never consistent. Obama & Biden (Hillary, Bill, Adam Schiff, Liz Cheney, the entire J6 gives up committee, Mayorkas, Pete Buttboy, etc too) did no wrong in their eyes, even when blatantly violating the law, but Trump must be impeached for constitutionally enforcing the law. They don't care that that is his job. They are controlled by their TDS so they think everything he does is wrong. They cannot honor a young man surviving cancer, the victims of violent crimes, or heroes who helped others.

Hopefully the morons will continue acting that way. The campaign ads against them write themselves.
 
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