Abuse, Misuse of Alien Enemies Act of 1798

I see an illegal conspiracy against persons in the United States.

State terrorism was brought before you, JUDGE ALITO, and you handed it to the entire Supreme Court, for adjudication. In a late night Court order like for those on death row, about to executed by a state, the Court said STOP the deportations.

In dissent, Alito argues for a slow, measured response that would have seen another 80 persons deported illegally in the dead of night. The Court (in majority 7-2) sought to stop immediately the lawlessness of the Trump Administration. Alito knew what was going on, yet he still presented fallacious arguments in dissent against these clandestine deportations.

Here’s the underlying story. The Trump Administration has illegally deported people from the U.S., both legal persons and U.S. citizens.

Justices have now barred Government from removing Venezuelan men under the Alien Enemies Act. The Court did not rule on the Act because it had not been asked to do that. Now the ACLU has asked the Court to rule on that.

In a 1 a.m. ET ruling Saturday, April 19^th, the Supreme Court put a hold on Venezuelan deportations until further notice. The court emphasized in clear language, the government should not “remove any member of the putative class of detainees from the United States until further order of this Court.” The Court establishes a class of people that it would not so honor in its earlier habeas decree. Go Figure!

The evidence linking Kilmar Abrego Garcia to MS-13 was Chicago Bulls hat and a hoodie. The MS-13 gang was born and is based in Los Angeles, California. They are not alien.

And Kilmar Abrego Garcia had some goofy tiny tattoos on his knuckles. Compare what he looks like overall to the real MS-13 gang members and you will see there is no comparison.

Kilmar Abrego Garcia met with Sen. Chris Van Hollen, D-Md., in El Salvador this week.

The Trump administration is doubling down on depicting Kilmar Abrego Garcia as a dangerous gang member. The government’s proof for this claim appears to hinge on a Chicago Bulls cap and a hoodie. There are no court records on Kilmar Abrego Garcia. None.

Rep. Senator Kennedy says Abrego Garcia’s deportation was a “Screw Up!” He is saying that the government ‘screwed up’ but it is no big deal and certainly not a pattern to destroy democracy. The White House is doubling down on their take that Abrego Garcia is a criminal and gang member without, I might add, any proof to support it.

The president may invoke the Alien Enemies Act, which is reserved for times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. That has not happened here.

Attorney Steven Vladeck brought up my earlier contention that the use of the Alien Enemies Act of 1798 is blatantly illegal. No one has contested that yet, and the courts full well know that it is illegal use. To that end, Vladeck said

“But then there are the “merits” questions. We’re going through all of this rigmarole because no court has yet to rule on whether the government even has the power to use the Alien Enemy Act this way in the first place. As folks know, I think there are very strong arguments that it doesn’t—and a court so holding would provide a substantive impediment to any of the procedural games the government is trying to play. In that sense, it seems a little weird that we’re going through all of this effort to require process before the government can use a substantive authority it probably doesn’t have. Maybe the reason the justices are focusing on the procedures is because they’re not sure what they think of the merits. But the sooner the merits are resolved, it seems to me, the better.” I discuss the merits in this case. The preconditions to invoke the act are just not there. Instead there is twisted logic that tries to make a gang and agency of the Venezuelan governments and further suggests the hand is organized as an army in the U.S. Obviously, nothing could be further from truth. The deported did not even know each other.

The president’s position is laughable on its face. The president has inherent authority to repel these kinds of SUDDEN attacks. That authority necessarily implies some discretion to decide when an invasion or predatory incursion is underway, but not to redefine the true meanings of the words “invasion of” and “predatory incursion” onto U.S. territory.

The Alien Enemies Act (AEA) of 1798 is a wartime authority enacted and implemented under the war power.

When the Fifth Congress passed the law, the Wilson administration used it to rout Poncho Villa from the U.S. The Wilson administration then defended its use in court during World War I, establishing written legal precedents that describe legal invocation.

Wilson did so on the understanding that noncitizens with connections to a foreign belligerent could be “treated as prisoners of war” under the “rules of war under the law of nations.” The AEA envisions three uses.

• War is declared by Congress

• In the Constitution and other late-1700s statutes, the term invasion is a vernacular used literally. This refers to large-scale attacks.

• The term predatory incursion is also used literally in writings of that period to refer to slightly smaller attacks like the 1781 Raid on Richmond led by American defector Benedict Arnold. Also note Poncho Villa with his Mexican militia made incursions into the U.S. and attacked towns in New Mexico. Also note the term predatory, and surmise its meaning in the context of U.S. territory. I get that an incursion would be intended to steal our sovereign land.

On January 20, 2025, President Donald Trump signed an executive order initiating the process to designate various drug cartels and transnational gangs, including MS-13, as Foreign Terrorist Organizations (FTOs). This was Step 1 of their conspiracy. Arrests began immediately. The order was officially enacted on February 20, 2025, making these below groups officially terrorist organizations.

These are the new Foreign Terrorist Organizations (FTO), now a class of targets of the conspiracy to deprive them of their Constitutional rights. All except MS-13 are Mexican drug cartels. These FTOs do not do acts of terror for social causes as one expects of terrorists. They are all primarily drug dealing networks. Hence, the FTO designation is contrived to meet the conspiracy’s end.

Step 2 of the conspiracy was to target and round up one of the gangs. (This round up had been going on since the Executive Order on January 20, 2025.)

Step 3 was to publish a Proclamation naming one of the groups as an actor for a foreign state; hence, an Alien Enemy. The proclamation is a procedural requirement to the Act. Tren de Aragua was the target. Full of lies and twisted meanings, here is the March 15 proclamation.

With an unprecedented speed of implementation, that same day as the proclamation, airplanes with deportees were taking off to El Salvador. However, the DC District Court ordered no further flights and for planes in the air to turn around. U.S. District Judge James Boasberg ordered that any planes in the air carrying those covered by his order be turned back and those individuals returned to the U.S. The Administration’s defiance of that court order greatly extends the damages the deportees have from the conspiracy to exploit the Alien Enemies Act of 1798. In defiance, the Trump administration allowed the flights to proceed, possibly violating the court order on the basis that it had no legal force because it had been given orally rather than in writing. Human rights groups and bipartisan lawmakers criticized the use of the Alien Enemies Act of 1798 to justify deportations based on tattoos.

The ACLU has just asked the Supreme Court to rule on the legality vs illegality of the use of the Alien Enemies Act. I say the use is an illegal conspiracy that has deprived both persons and citizens of Constitutional rights. These deportees have damages and each has a civil suit on return to our country. Each will receive $ millions from the U.S. Treasury. That is my opinion.

On March 15-16, 2025, deportation flights carrying over 260 migrants, alleged to be gang members, arrived in El Salvador where the migrants were taken into custody at the Terrorism Confinement Center (CECOT).

Neither the U.S. nor Salvadoran governments offered any immediate evidence that those deported had been charged with crimes or had connections to any gangs. A “60 Minutes” investigation failed to find any U.S. or foreign criminal charges against 179 of those deported, only finding serious criminal charges against about a dozen.

On March 28, US District Judge Brian E. Murphy ordered that no migrants be deported to a nation other than that covered in immigration proceedings without a "meaningful opportunity" to make a claim under the UN Convention against Torture.

Despite this order, on March 31 the US sent 17 migrants it alleged without providing evidence to be members of Tren de Aragua and MS-13 on U.S. military planes to El Salvador to be confined at CECOT.

Kilmar Armando Abrego García, a Salvadoran with "withholding of removal" status in the United States, was mistakenly deported to El Salvador on March 15, 2025, an action the Trump administration admitted was an "administrative error" while also accusing him of being a member and leader of the MS-13 gang. Despite a court order prohibiting his removal to El Salvador due to the risk of persecution, he was detained by ICE and transferred to the Center for Confinement of Terrorism (CECOT) in Tecoluca. His wife, a U.S. citizen, and their disabled son filed a lawsuit over the illegal deportation and on April 4 a court ordered the government to return him to the U.S. by April 7.

The White House claimed to have intelligence linking Kilmar Armando Abrego García to human trafficking.

In one of those cases filed, U.S. District Judge Charlotte N. Sweeney in Colorado expressed serious doubt April 22 about the government’s claims that current events constitute “irregular warfare” in which gang members are immigrating to the U.S. to commit murders, kidnappings, drug trafficking, and other offenses. There are no such charges against these deportees.

Sweeney all but said Trump’s invocation of wartime authority for the gang deportations was unlawful. To use the Alien Enemies Act, Trump would have to establish the U.S. is in a state of war, the judge said.

To the extent Trump’s proclamation “relies on the Act’s invasion and incursion provisions to justify its removal powers, it does so improperly,” Judge Sweeny wrote. That is my contention.

Sweeney blocked the government from using the act to remove anyone detained in the state without at least 21 days notice. She does not establish legal precedence with that timeframe for “Notice” since she is not an appeals court. Appellate courts establish legal precedence. However, her 21-days may inform an appellate court in the future, and they may settle on 21 days as a standard.

In his first remarks on the issue since the Supreme Court’s Saturday order blocking summary deportation of migrants, Trump Monday, April 21, complained about being “stymied at every turn” by the courts, claiming that it was “not possible” to hold trials for all migrants the administration wants to deport. (Rebecca Beitsch and Brett Samuels reported for the Hill.)

I must note that the Constitution handed Congress, not the president, the power to declare war. That was a studied opinion to remove this discretionary authority from one person to a more measured, deliberative body.

Invoking the Alien Enemies Act in peacetime to bypass conventional immigration law seems like what a racist like Steven Miller would do.

Nice try, Steven Miller, but no cigar. His zealous advocacy for this reading leaves no doubt in my mind as to the author of this twisted reading.

See what you think of my opinion. Below are 7 quotes of Steven Miller talking to Sean Hannity:

The President's designation of Tren de Aragua as a foreign terrorist organization and as an alien enemy are part of his inherent plenary authority. There is no way. There is no way. How are you going to expel illegal alien invaders from our country who are raping little girls, who are murdering little girls. If each and every deportation has to be adjudicated by a district court judge? That means you have no country. It means you have no sovereignty. It means you have no future.

Clearly, Steven Miller has no future. The law is the Fifth Amendment to the Constitution. It says all “persons” get to be heard in court.

This is settled law, to use that common phrase, Sean, this is settled law. Alien Enemies Act has been on the books and has been upheld for over 200 years. And by the way, the fact that it's a 200 year old law makes it stronger. This was adopted by the founding generation of our country. The people who wrote the Constitution wrote this law because they understood when America is being invaded by a hostile power, the President is at the height of his authorities to turn back that invasion.

Except there was no invasion; hence, this AEA law is not appropriate to be the basis of Administration actions.

Tren de Aragua is arguably the most ruthless, violent, menacing gang now designated as terrorists. So these are now terrorists operating in the entire Western Hemisphere, more violent and vicious even than MS-13. What this judge tried to do would have meant, if this ruling was accepted, that a single district court judge can direct the movements of every single aircraft conducting every single deportation of every single criminal and terrorist in the United States, it would collapse the entire immigration enforcement system. It would be open borders by Fiat and our nation. It would be open season on our nation from every single hostile regime and hostile foreign power on the face of the earth. That is how dangerous and lunatic this ruling is.

Hyperbole. Exaggerating for effect. He forgot to mention if one of the gang members has a nuclear weapon on the plane, and was smuggling those in from Russia. I can make up shit better than Steven!

Exactly. I mean, this is, this is arguably of all the statutes on the books concerning national security. This law arguably is the strongest law that exists in terms of delineating presidential power. And why is that? Because it doesn't affect American citizens. Sean, it doesn't affect Americans. It only applies to foreign citizens invading our country.

I’m sorry. I missed the invasion part. Immigration is not an invasion. The MS-13 gang that formed in Los Angeles, CA, is not invading. Designation FTOs is a power of the Secretary of State, not the President. Ms-13 members are ‘homegrowns’. Certainly they should not be deported to California if they live in New York. Why El Salvador?

So the President is operating at the apex of his authority as commander in chief to repel that invasion, to send the invaders out of this country. This gang, Tren de Aragua, doesn't just murder people Sean, it tortures them. It relishes in inflicting pain and suffering on innocent civilians. And this judge, he wanted to take 250 foreign terrorists and set them free on American soil to rape and pillage and murder.

They were free on American soil. They were not raping and pillaging and murdering. None had those charges against them. Steven Miller’s language is contrived, racist doublespeak.

And by the way, if you turn those planes back, what if there’s a mutiny on those aircraft? What if…the what if the pilots are attacked or assaulted by the terrorists on that aircraft. The judge shouldn't care about the lives he endangered.

Wut? Wut? Wut if the planes kept going and there was a mutiny on the plane by deportees in shackles? This has nothing to do with the judge or with reality. It has no bearing on the judge, but is a convenient way to disparage the judge with an illogical fantasy from a sick mind. The mere thought is a baselessly contrived ad hominem, i.e., shoot the messenger.

It truly this has to be shut down. Sean Hannity, or we don't have a country. Bottom line has to be shut down. We have terrorists, murderers, rapists, cartel members, gang members. They gotta Go.

Now who do you think the author of Trump’s Proclamation was? If people are adjudicated as Steven Miller characterized them, we put them in jail, I would think. The proper process is court comes first, Steven. Summary deportation is against the law, you stupid racist jerk.

I am further miffed at the disingenuous Judge Samuel Alito who conveniently did not disclose pertinent facts in his dissent. Relatedly, an order in a case initially directed to a circuit justice would specify its origination fact; it would begin with something like “the motion to Justice Alito and by him referred to the Court.” The Court’s 1:00 AM (Saturday) order did not include that language—a gaping omission for Court watchers. The Court simply proceeded to lay down the 85 words or so that instructed the United States in the clearest possible terms not to remove any detainee and asserted the authority of all possible writs to do so. I presume the Court intended to save Alito and Thomas some face. They did not deserve such.

I remind you late night orders are generally life or death for someone on death row. The Court at its discretion can step in anytime a case is docketed for appeal. Alito took umbrage to the Court stepping in.

The question is, what are we going to do about this Administration and this ambivalent Supreme Court? The gravity of this moment is huge. I received this from Thom Hartmann:

Consider what we’re seeing unfold. The recent January 6 pardons sent an unmistakable message about the acceptability of political violence. When legislators openly express fears of “retaliation” — as Senator Lisa Murkowski just did — we’re already several steps down a dangerous path.

Meanwhile, the concentration of media power in the hands of billionaires who increasingly bend to political pressure isn’t accidental. Whether through ownership, lawsuits, or regulatory threats, the ability to speak truth to power is being systematically constrained.

Universities, traditionally bastions of free thought and youth activism, face unprecedented pressure to conform or lose federal support. Legal professionals, our front-line defenders of constitutional rights, are being asked to choose between principles and practice.

The economic dimension of this strategy can’t be ignored. Targeted tariffs and funding cuts effectively create a corporate compliance regime where business survival depends on political loyalty. When small-dollar online giving platforms become targets, it’s clear this is about drying up resources for political opposition.

Senator Murphy’s warning carries particular weight: “I still believe we can stop it,” he says. His prescription includes institutional solidarity, mass mobilization, and political courage. These steps aren’t just wishful thinking: history shows they work when deployed with determination.

The challenges are clear, but so is the path forward. Democrats and defenders of democracy must recognize this isn’t politics as usual. The systematic undermining of accountability mechanisms isn’t merely partisan: it’s anti-democratic in the most fundamental sense.

It’s the first stages of outright tyranny, the first American dictatorship.

If conventional resistance proves insufficient, Murphy suggests civil disobedience may become necessary. That’s not a suggestion to be taken lightly, especially from a sitting US senator.

The coming months will test America's democratic resolve. The institutions being targeted aren’t merely political; they’re the scaffolding of self-governance itself. As Murphy warns, “We still have the power, but we probably have less time than most think.”

For those wondering where the line exists between alarmism and appropriate warning, consider this: When elected officials speak openly about fear of retaliation, when media owners preemptively capitulate, when universities face unprecedented political pressure, and when legal professionals must toe ideological lines, we’re no longer discussing hypotheticals.

The American experiment has faced threats before, but, outside of the Confederacy, rarely have they been so comprehensively designed or so methodically executed.

Recognition of this reality isn’t partisan, it’s patriotic. The future of American democracy depends on understanding what’s at stake and acting accordingly.

The assault on Harvard is just one chapter in a larger story — one where the villains aren’t hiding in shadows, but are operating in full view with chilling precision.

The question isn’t whether this is happening. It’s whether enough Americans will recognize the danger in time to stop it.

The Road Ahead. Trump already asked our military to shoot our citizens on the streets, “Can we shoot them in the legs?”), but the military refused.

Now we must protest en masse. On the streets. April 5 and April 29 were the first of those nationwide protests. They get larger. We need more of those, larger yet.

You know about how far with this that Trump will go, but no one knows what will unfold. We know what fork in the road to take, and we know to take flowers for the soldiers. Some of us will sacrifice our lives, but that is the price we always pay. Patrick Henry said it. “Give me liberty or give me death.” Jackson Browne Til I Go Down (1986) Lives in the Balance, his protest song from 40 years ago.

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