Thread: Another Fifth Column Judge subverts legislative intent of Alien Enemies Act

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SEE: Texas Federal Judge Blocks Trump Administration’s Use of Alien Enemies Act for Migrant Deportations

A federal judge in Texas has ruled that the Trump administration overstepped its authority by using the centuries-old Alien Enemies Act to expedite the deportation of Venezuelan migrants, dealing a significant setback to the administration's immigration crackdown. In a 36-page decision issued Thursday, U.S. District Judge Fernando Rodriguez granted a preliminary injunction blocking further use of the law in this manner, stating the administration’s actions exceed the statute’s original intent.

Judge Rodriguez, in support of his ORDER permanently blocking the Trump Administration from detaining, transferring or removing Venezuelans targeted for deportation under the Alien Enemies Act (AEA), discards and dismisses one of the most fundamental age old rules requiring an adherence to “legislative intent”, and he goes on to attach his personal views to the Act to support his order.

Judge Rodriguez writes: “The historical context for the enactment of a statute can prove relevant, but does not dictate the statutory words’ meaning. See, e.g., Airlines for Am. v. Dep’t of Transportation, 110 F.4th 672, 676 (5th Cir. 2024) (confirming that “legislative history is not the law,” and it cannot “muddy clear statutory language”) . . . “

And yet, in Hawaii v. Mankichi, 190 U.S. 197 (1903), our Supreme Court emphatically states:

”But there is another question underlying this and all other rules for the interpretation of statutes, and that is what was the intention of the legislative body? Without going back to the famous case of the drawing of blood in the streets of Bologna, the books are full of authorities to the effect that the intention of the lawmaking power will prevail even against the letter of the statute; or, as tersely expressed by Mr. Justice Swayne in 90 U.S. 380" :

“A thing may be within the letter of a statute and not within its meaning, and within its meaning, though not within its letter. The intention of the lawmaker is the law.”

Those who have actually taken the time and studied the 1798 CONGRESSIONAL DEBATES: ALIEN ENEMIES which created An act respecting Alien Enemies will find its very purpose and legislative intent, when the United States and her citizens were under threat which involved “aliens”, was to provide the President with extraordinary power, including unobstructed discretionary deportation power, to classify, apprehend, restrain, secure and remove, aliens deemed, as stated in the President’s Proclamation, who pose a threat to the general welfare of the United States and her citizens.

Judge, Fernandez Rodriguez, in his written order, has not only ignored and subverted a fundamental rule of statutory construction requiring an adherence to legislative intent, but has done so to prevent the deportation of millions upon millions of poverty-stricken, poorly educated, low-skilled, diseased, disabled, criminal, un-vetted terrorist and religious fanatic foreign nationals who have entered the United States illegally, and are now inflicting devastating pain and suffering upon American Citizens and their children, which includes murder, rape, theft, assault, not to mention overburdening our emergency care rooms, public schools and public housing, all of which are meant for American citizens and their children, and not the illegal entrant aliens who Judge Rodriguez is protecting with his subversive and tyrannical order.

JWK

Our courts, federal and state, are infested with FIFTH COLUMN activist judges (Judge Charlotte Sweeney, Judge Landya McCafferty, Judge Shelley Joseph, Judge Indira Talwani, Judge Amy Berman Jackson, Judge Hannah Dugan, Judge Fernandez Rodriguez, Judge James Boasberg, Judge Randolph Moss, Judge William Alsup, Judge Loren AliKhan,. . and many others), who are intent on undermining the general welfare of the United States and her citizens.

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Judge Rodriguez's notion that an actual war is required to invoke Alien Enemies Act is a personal opinion, and it is not in harmony with the very object of the Act as expressed by those who created it, e.g., see H. of R., Alien Enemies, May, 22nd, 1798

"Mr. O. believed, therefore, that it would be best to vest a discretionally power in the Executive to secure and take care that these men should do no injury. And this could not be looked upon as a dangerous or exorbitant power, since the President would have the power, the moment war was declared, to apprehend the whole of these people as enemies, and make them prisoners of war. And in case of a predatory incursion, made on this country, there might be as much reason for securing some of them as in case of actual war or invasion."


Also see:

ALIENS.

"Mr. Sewall said, the Committee for the Protection of Commerce and Defence of the Country, to whom it was referred to inquire into what measures would be proper to be taken respecting aliens, were of opinion their instructions did not go to a sufficient extent, and directed him to propose to the House the following resolution for adoption:

“ Resolved, That the committee on that part of the President’s Speech which relates to commerce and the defence of the country, be authorized to consider the danger which may result by means of aliens and other disaffected or seditious persons residing within the United States, and what measures ought to be taken for securing, removing, or otherwise restricting such persons, and to report by bill or otherwise.” SOURCE House of Representative, May, 16th,1798.
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The bottom line is, the very purpose and legislative intent of the Alien Enemies Act was to provide the President with extraordinary power, including deportation power, to deal with aliens on American soil who may pose a threat to the general welfare of the United States and her citizens.

Let us keep in mind that our very own Supreme Court has emphatically stated "The intention of the lawmaker is the law."

See Hawaii v. Mankichi, 190 U.S. 197 (1903),

JWK

Our courts, federal and state, are infested with FIFTH COLUMN activist judges (Judge Charlotte Sweeney, Judge Landya McCafferty, Judge Shelley Joseph, Judge Indira Talwani, Judge Amy Berman Jackson, Judge Hannah Dugan, Judge Fernandez Rodriguez, Judge James Boasberg, Judge Randolph Moss, Judge William Alsup, Judge Loren AliKhan,. . and many others), who are intent on undermining the general welfare of the United States and her citizens.

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Let us recall what Representative BURKE says during our Nations` first debate on a RULE OF NATURALIZATION, FEB. 3RD, 1790 . . . a few years before the creation of the Alien Enemies Act.

"Mr. BURKE thought it of importance to fill the country with useful men, such as farmers, mechanics, and manufacturers, and, therefore, would hold out every encouragement to them to emigrate to America. This class he would receive on liberal terms; and he was satisfied there would be room enough for them, and for their posterity, for five hundred years to come. There was another class of men, whom he did not think useful, and he did not care what impediments were thrown in their way; such as your European merchants, and factors of merchants, who come with a view of remaining so long as will enable them to acquire a fortune, and then they will leave the country, and carry off all their property with them. These people injure us more than they do us good, and, except in this last sentiment, I can compare them to nothing but leeches. They stick to us until they get their fill of our best blood, and then they fall off and leave us. I look upon the privilege of an American citizen to be an honorable one, and it ought not to be thrown away upon such people. There is another class also that I would interdict, that is, the convicts and criminals which they pour out of British jails. I wish sincerely some mode could be adopted to prevent the importation of such; but that, perhaps, is not in our power; the introduction of them ought to be considered as a high misdemeanor."

Seems to me Judge Rodriguez would have been impeached and punished for his support to fill our country with millions upon millions of poverty-stricken, poorly educated, low-skilled, diseased, disabled, criminal, un-vetted terrorist and religious fanatic foreign nationals.




JWK

“If aliens might be admitted indiscriminately to enjoy all the rights of citizens at the will of a single state, the Union might itself be endangered by an influx of foreigners, hostile to its institutions, ignorant of its powers, and incapable of a due estimate of its privileges." - Joseph Story

Originally Posted by johnwk

Seems to me Judge Rodriguez would have been impeached and punished for his support to fill our country with millions upon millions of ... diseased ... foreign nationals.

Yes, let's keep in mind the "diseased" part because these illegals arrive with TB, leprosy, and other highly transmittable and horrible diseases. They are essentially "bioweapons" against US Citizens.