Thread: Acknowledging ascertainable facts relative to the Alien Enemies Act of 1798

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No hearing before judge required under Alien Enemies Act

The fact is, under the Act of July 6, 1798, “An Act respecting Alien Enemies” aliens were deported without a hearing before a United States judge. See: Ludecke v. Watkins [1948]

Justice Frankfurter observed:

“It is not for us to question a belief by the President that enemy aliens who were justifiably deemed fit subjects for internment during active hostilities do not lose their potency for mischief during the period of confusion and conflict which is characteristic of a state of war even when the guns are silent, but the peace of Peace has not come. These are matters of political judgment for which judges have neither technical competence nor official responsibility.”

The Court also held: The Alien Enemy Act precludes judicial review of the removal order, Pp. 335 U. S. 163-166.

Alien Enemies Act does not require actual war to invoke the Act

The notion that the United States must be at “war” for the President to invoke the Alien Enemies Act is not in harmony with the text of the Act, nor the documented legislative intent of the Alien Enemies Act, as stated during the proceedings of the Acts creation, 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:

"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.

The Alien Enemies Act and delegated Executive powers under it.
Section 1, states:

Be it enacted "That whenever there shall be a declared war between the United States and any foreign Nation or Government, or any invasion, or predatory incursion, shall be perpetrated, attempted, or threatened, against the territory of the United States, by any foreign Nation or Government, and the President of the United States shall make public proclamation of the event, all natives, denizens, citizens, or subjects of the hostile Nation or Government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies;"

[There is nothing in the above wording requiring the Executive branch of our government, having to get an approval from a judge to apprehend, restrain and remove alien enemies].

With regard to Section 2, and:
“. . . All courts of criminal jurisdiction—and also the judges of the courts of the U. States may receive and hear complaints against alien enemies and make an order thereon. . . “

the above words merely authorize judges of the courts of the United States to receive and hear complaints against alien enemies and make an order thereon. It does not obligate the Executive branch of government, to file a complaint against those specifically described in Section 1 who are “. . . apprehended, restrained, secured, and removed, as alien enemies . . . " by the Executive branch of government.

Let us try to keep to ascertainable facts!

See:Anti-Trump Judge Makes Another Outrageous Ruling

March 24, 2025

U.S. District Judge James Boasberg is at it again. In a mind-boggling 37-page decision, he has blocked the Trump administration from swiftly deporting members of the notorious Tren de Aragua gang.

The fact is all "deportees" are not required to be brought before a judge.

The only deportees required to be brought before a judge (judge Boasberg) are those who have “complaints” against them as mentioned in Section 2 of the Alien Enemies Act.

Those with a “warrant of the President” as mentioned in Section 3, are to be “. . . apprehended, restrained, secured, and removed, as alien enemies" as mentioned in Section 1.

Note that Section 3, lays out the duty of the marshal to cause removal of identified aliens who " have the warrant of the President of the United States, or of the court, judge or justice ordering the same, as the case may be."
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Judge Boasberg is engaging in judicial tyranny!
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