No. of Recommendations: 4
Trump Invokes 1798 Alien Enemies Act to Deport Migrants, Citing 'Invasion'
This is going to wind its way to SCOTUS. We have to see if he continues to defy the lower court and use the AEA to continue to deport. More importantly we have to see if the Supreme Court will reinterpret the law to allow the President to continue to deport this way. If they do allow it, then you will see a massive number of expedited removals, that bypass the due process Albaby outlined for us.
"Expedited removal is a procedure that allows U.S. Customs and Border Protection (CBP) officials to rapidly deport noncitizens who are undocumented or who have committed misrepresentation or fraud."
Albaby outlined that if they step across the border and claim asylum they get due process, which, IIRC, consists of CBP giving a short interview and deciding if the asylum claim is valid, with an eye toward allowing them to stay (20% have expedited removal), then keeping them and reviewing it with an official at six weeks (1/3 don't pass), then a hearing in 2 years (1/3 don't pass). We did catch and release at six weeks for those who passed, because we could not house them.
We are signatories to the Geneva Conventions, but there are exceptions. I read that it is fine to ship asylum seekers to safe third countries - but what third country wants these refugees? So are we going to perpetually pay fees for them to be taken? Just how is that going to work? No one cares about Tren de Aragua, let them rot in El Salvador prisons, but we do care about due process. We are denying entry to skilled Doctors we gave H1B visas to and shipping them out. Trump not having the money to do proper processing means he flouts the law. MAGA hates elites anyway, unless they're racist elites it seems.
So we're now looking at the USSC which Mitch stacked with Conservatives - who knows? I don't. I'm still tracking down what the Geneva Convention says about asylees and expedited removal. But MAGA looks at the Geneva Convention as something the Euros say and we don't have to pay attention to it - completely ignoring how it benefits our military. Right now it looks like they'll be touting Tren de Aragua while grabbing anyone and shipping them out - and we have to hope court rulings uphold the law and hope Trump just doesn't defy rulings he doesn't like - if that happens we are in real trouble.
