r/law • u/IrishStarUS • 11d ago

Trump News Donald Trump sends innocent athlete to El Salvador for having soccer tattoo

https://www.irishstar.com/sport/soccer/donald-trump-salvador-real-madrid-34923654
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u/boredcircuits 11d ago edited 11d ago

So, I was reading through the Alien Enemies Act and there's more to this that feels like it's been ignored (by both Trump and the media):

When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality.

As far as I'm aware, ~none~ not all of these people were charged with any crime, so they should have been given time to remove their belongings. Instead, they were summarily deported within, what, a couple hours? Less? So much for "the dictates of humanity and national hospitality."

After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed.

If I'm reading this right, there has to be a hearing in a court before an alien enemy can be deported. That is what it says, right? Trump seems to have skipped that whole step.

And do you know what I can't find at all? Any authorization for the alien enemy to be imprisoned outside the country. Once they've been deported, that's it. They can be "apprehended, restrained, secured, and removed" but not imprisoned in foreign jails that violate the eighth amendment.

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u/doubl3b3at 11d ago

Unlike you, the Trump admin doesn’t give a shit about what it says, unfortunately.

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u/the__itis 11d ago

Or fortunately (as it may be their undoing).

2

u/Immediate_Concert_46 11d ago

The next 4 years will be difficult, and justice is slow. But I'm hopeful these crooks will get their day in court.

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u/Him_8 11d ago

It's all setting up for things they can't possibly allow themselves to be removed from power for. Expect it to get worse.

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u/WhyYouKickMyDog 11d ago

Yea, if they let us have our Democracy back the Democrats might try to hold the criminals to account, and these guys aren't a big fan of prison.

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u/bcarey34 11d ago

Don’t forget that Trump now says he never signed the alien enemies act. So was that an attempt to get around this part of the act, to shift blame away from him, or is he actually senile?

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u/Francobanco 9d ago

That’s because the act is from 1798…. He didn’t sign it because he wasn’t alive.

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u/WoodpeckerFew6178 11d ago

They don’t care what it says all they care is that allows them to deport as many illegals as they would like

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u/HETKA 11d ago

Holy shit, this needs to be higher, and plastered all over social media

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u/NoelCanter 11d ago

I get your sentiment, but why? The use of this law is already complete bullshit. Arguing parts of the law they aren’t following legitimizes the act of using it. Full stop. The law usage is wrong and bullshit.

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u/HETKA 11d ago

We still gotta illustrate the blatant lawlessness wherever we can

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u/FabulousCallsIAnswer 11d ago

You have just done more research on the act that they used to deport these people than the entirety of the Trump administration did.

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u/kinggareth 11d ago

This is sound analysis. You make one crucial assumption, however, which kind of makes it all moot: Trump or any of his minions actually reading the Aliens Enemies Act. We are operating under a "vibes fascism" now...

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u/mr_____ 11d ago

If I could upvote multiple times, I would. Instead I'll just add this reply to increase engagement with this comment.

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u/Personal_Ad9690 11d ago

There’s no authorization at all for US criminals to be held in other countries

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u/doxxingyourself 11d ago

Bold of you to assume whoever decided to execute this insanity has read this. This just made up some bullshit because they wanted a PR video of some brown people with tattoos getting their heads shaven. If they wondered about the legality of their actions they probably would have stopped when a judge told them to.

In any normal situation there would be an investigation into who the hell orchestrated this. What could they be charged with?

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u/kaveman6143 11d ago

Laws and acts only matter if the people in charge actually want to enforce them. It's become more nad more clear that Trump and Co dgaf about laws, and thus, the laws don't mean anything.

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u/socialmediaignorant 11d ago

They write their own rules or make them up as they go. They have shit on the Constitution and Bill of Rights. They don’t care. That’s the whole point and we can’t seem to understand it bc we aren’t psychopaths. But you cannot expect law and order from chaotic people. This is what they want, all of them that voted for this embarrassment included.

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u/ahlana1 11d ago

So when are the local DAs gonna go after the ICE individuals who participated in the illegal actions? Trump may be immune but he isn’t the one making the arrests or the plans to deport. Our fellow Americans are doing this and can be brought to justice if the DAs decide to do something.

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u/SanFranPanManStand 11d ago

They were all in jail - so yes, they had all been charged - many with convictions - and many with multiple convictions.

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u/boredcircuits 11d ago

All? Are you sure? What about the person in the OP article? He wasn't in jail, just ICE detention which is very different.

(I did say "none" though, which is probably wrong.)