Is this due process, or something else?

 Today in a 2-1 decision, an appellate court sided with the federal district judge who ruled against the Trump administrations' right to deport violent Venezuelan gang members without a due process hearing. Trump invoked the two centuries old Alien Enemies Act as the basis for his actions. Apparently, the appellate court deliberations were dominated by an Obama appointee, a Patricia Millett. The debate centered on whether the administration violated the constitutional due process protections which might have provided habeas protections. Habeas corpus protections are rights that protect citizens against unlawful detention. Note the keyword 'citizens'. The illegal criminal deportees were not American citizens. While they are subject to our laws while in America, legally or otherwise, they are not automatically afforded the same constitutional rights and protections as American citizens. Tren de Aragua has been declared a foreign terrorist organization, no one or no organization (or political party) has contested that. So far, anyway... Had the deportees been members of al Qaeda, or ISIS, would the same resistance be occurring? I suppose, given the state of affairs we are experiencing today, anything is possible. The offenses of this foreign gang of terrorists while in our country are known and documented. They are on video taking over an apartment building in Aurora Colorado. They are known for violent crimes against American citizens, including children. Let me say it one more time, they are not American citizens. I'm not a lawyer, as most of us aren't. But being a lawyer isn't a requirement for standing up for what's right. How wonderful the world would be if more lawyers actually did that... Is allowing violent, illegal immigrants, and foreign terrorists on the streets right? Is the right answer yes, no, or only after they are protected by our, not their, constitutional rights? 

Agreed, we are not at war with Venezuela. Is that required before we can protect ourselves against all the active and sleeper TdA cells on our soil? What sleeper cells you say? TdA comes from a country ruled by a savage dictator. Venezuela held a free election a couple of  years ago and he was duly elected? No, he wasn't. When it became apparent he was losing the election he had his opponent silenced forcing him into exile. Maduro declared himself the winner and president of the country. The Venezuelan people didn't. The US doesn't recognize him as the valid Venezuelan head of state. TdA has long-standing ties to a Maduro crony who  is now one of his administrations' leading lackeys. The center of gravity of the cocaine industry shifted from Columbia to Venezuela in the past few years. Instrumental in the current operations is, you guessed it, TdA. Maduro has long been an ally of Russia and China. Not to mention that he holds a deep-seated hatred of the United States. What better vehicle than TdA to flood the US with illicit drugs. TdA aren't just drug smugglers and dealers. They're also murderers, rapists, and just all-around thugs, full-service providers for a dictator. In a nutshell, they're here doing Maduros' bidding. Here in America. 

Americans are not unaware of this. For at least four years, actually longer, we have seen what is going on in the streets. Untold numbers of Americans have lost their lives or loved ones to illegal drugs from South America and Asia. The tsunami of fentanyl which has abated somewhat recently, has destroyed countless American families. Last November the American people spoke in a truly free election that we wanted something done about it. The majority decided that our best shot at that was to elect Donald Trump. Though he won by a significant margin, not every American voted for him. Yet never in any election in history has any president won by getting 100% of the votes, popular or electoral. And we have had multiple political parties since George Washington was elected, and it's still called the United States of America. Now, we have a president who is willing to do what needs to be done. To deport those who are here illegally and are depriving American citizens of their constitutional rights, and in many cases, their lives. Are those illegal immigrants entitled to due process rights? Were the 9/11 terrorists entitled to due process rights? We were not at war on September 11, 2001 either. How many federal district judges filed TROs on September 12, 2001? How many Americans must die before Congress or the Supreme Court step up and protect the separation of powers doctrine? And let the executive branch do what the American people asked them to do?... There is not one single federal district judge anywhere in the United States that was elected by anyone, anywhere, at any time. Any nowhere in the Constitution does it say that executive actions are subject to the oversight and control of federal district judges. That power rests exclusively with Congress. I might point out that federal district judges are the lowest level of the federal judiciary. Their jurisdiction covers their 'districts'. In the case of the flood of TRO's blocking the executive actions since Trump was elected, these 'districts' have exclusively been in blue states. What a coincidence... Why has Congress been silent? Or is the bear about to be awakened?...

#separation of power #federaljudiciary #trump #dueprocess #trendearagua #constitutionalcrisis #politico

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