The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.

In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.

The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.

#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition

“The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent,”Oldham wrote [ridiculous].

The panel did grant the #Trump admin one legal victory, finding the procedures it uses to advise detainees under the #AlienEnemiesAct of their legal rights is appropriate.

The ruling can be appealed to the full #5thCircuit or directly to the #SCOTUS, which is likely to make the ultimate decision on the issue.

#law #immigration#Constitution#DueProcess

The #Trump admin unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to #Venezuela’s government & represented a danger to the #US, meriting use of the act.

In a 2-1 ruling, the judges said they granted the preliminary injunction sought by the plaintiffs because they “found no invasion or predatory incursion” in this case.

#law#AlienEnemiesAct#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess

The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.

In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.

The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.

#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition

#law#AlienEnemiesAct#ImmigrationLaw#5thCircuit#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition#StateSponsoredAbduction

A 3-judge panel of the #5thCircuit Court of Appeals, one of the most #conservative federal appeals courts in the country, agreed with #ImmigrantRights lawyers & lower court judges who argued the #AlienEnemiesAct of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group #Trump targeted in his March invocation.

#law#ImmigrationLaw #immigration#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition#StateSponsoredAbduction

🚨 #Trump cannot use #AlienEnemiesAct to deport members of Venezuelan gang, appeals court rules

A federal appeals court panel ruled Tuesday that Trump cannot use an 18th-century wartime #law to speed the #deportations of people his admin accuses of membership in a Venezuelan gang, blocking a signature admin push that is destined for a final showdown at the #SCOTUS.

#law#ImmigrationLaw #immigration#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition
https://apnews.com/article/trump-alien-enemies-act-venezuela-9aa913b03c09662aeecdde42901f7706?utm_source=onesignal&utm_medium=push&utm_campaign=2025-09-02-Alien+Enemies+Act

Deploying these service members “for the purpose of establishing a #military presence there & enforcing federal law,” Breyer wrote, “is a serious violation of the #PosseComitatusAct.” That #law, passed in 1878, bars the use of the military in domestic law enforcement, except as allowed by the #Constitution or by #Congress.

Breyer’s ruling makes plain how the admin worked to circumvent the law, & why.

#Trump#MilitaryState #authoritarianism #tyranny #autocracy#Gestapo#NationalGuard#Marines

Maybe we need a #constitution or something.

oh wait, we've got one,
and it covers all of that
theoretically

“They must do what the Federal Government, as represented by the President of the United States, tells them,” Trump said. [whatever happened to the #StatesRights party?]

#law#ElectionLaw#Constitution #access #seniors #military #students #disabled#VoterSuppression#BigLie #idiocracy

The strategy is further complicated by the fact that #NationalGuard members from one state cannot operate in another state without permission, Nunn said. He also warned that any quick-reaction force established for #CivilUnrest missions risks lowering the threshold for deploying National Guard troops into US cities.

#Trump #law#PosseComitatusAct#MilitaryState#Autocracy#Constitution#FreedomOfAssembly#RightToProtest#FreeSpeech

The #Trump admin is relying on a shaky legal theory that the president can act broadly to protect federal property & functions, said Joseph Nunn, an attorney at the Brennan Center for Justice who specializes in legal issues germane to the #US #military’s domestic activities.

“You don’t want to normalize routine military participation in law enforcement,” he said. “You don’t want to normalize routine domestic deployment.”

#law#PosseComitatusAct#MilitaryState#Autocracy#Constitution

The proposal being evaluated now would allow the president to mobilize #troops & put them on #Title32 orders in a #state experiencing unrest. The documents detailing the plan acknowledge the potential for #political friction should the #governor refuse to work with the #Pentagon.
Some #legal scholars expressed apprehension about the proposal.
[I should think!]

#Trump #law#PosseComitatusAct#MilitaryState#Autocracy#Constitution#FreedomOfAssembly#RightToProtest#FreeSpeech

The other kind, #Title32, is a #federal - #state status where #troops are controlled by their state #governor but federally funded. It also allows more latitude to participate in law enforcement missions. #NationalGuard troops from other states arrived in DC under such circumstances during racial justice #protests in 2020.

#Trump #law#PosseComitatusAct#MilitaryState#Autocracy#Constitution#FreedomOfAssembly#RightToProtest#FreeSpeech

#extortion #education #law#Constitution#AcademicFreedom

#extortion #education #law#Constitution#AcademicFreedom

Think the US Constitution is not under threat?

Think again.

Constitution Sections on Due Process and Foreign Gifts Just Vanished from Congress' Website

#us #usa #trump #habeuscorpus #dueprocess #fascism #constitution #usconstitution

https://abovethelaw.com/2025/08/congress-just-deleted-habeas-corpus-from-the-constitution-on-its-website/

Think the US Constitution is not under threat?

Think again.

Constitution Sections on Due Process and Foreign Gifts Just Vanished from Congress' Website

#us #usa #trump #habeuscorpus #dueprocess #fascism #constitution #usconstitution

https://abovethelaw.com/2025/08/congress-just-deleted-habeas-corpus-from-the-constitution-on-its-website/

Trump said on Tues the #FederalGovernment could take control of #Washington, #DC if the local govt "doesn't get its act together," with his comments coming in a social media post complaining about crime in the #US capital.

"The Law in DC must be changed to prosecute these 'minors' as adults, & lock them up for a long time, starting at age 14," Trump posted.

#law #democracy#Constitution#ArticleOne#HomeRuleAct
https://www.reuters.com/world/us/trump-threatens-take-over-washington-dcs-governance-2025-08-05/

"If D.C. doesn’t get its act together, & quickly, we will have no choice but to take Federal control of the City," #Trump added.

Trump’s latest threat to take over #WashingtonDC came after he learned that #ElonMusk protégé & former #DOGE staffer known as #BigBalls was injured in an attempted carjacking Sunday morning in #DC.

#law #democracy#Constitution#ArticleOne#HomeRuleAct#DCstatehood

https://www.law.cornell.edu/constitution-conan/article-1/section-8/clause-17

https://dccouncil.gov/dc-home-rule/