The 18th-Century Law Trump Says He'll Use For Mass Deportations Has Only Been Invoked During Times Of War

Originally published at: The 18th-Century Law Trump Says He’ll Use For Mass Deportations Has Only Been Invoked During Times Of War - TPM – Talking Points Memo

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation. President-elect Donald Trump often said during the 2024 presidential campaign that he plans to launch the nation’s largest-ever mass deportation operation in his second term. Trump has pledged to carry out this work by using an…

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“In my view, if Trump uses the Alien Enemies Act to carry out his mass deportation plans, it almost certainly would trigger major court battles“

I don’t understand why anyone continues to believe that the Trump administration will give a rat’s butt about what courts will say. The law does not apply to him according to the Supreme Court. That is the only court decision he will follow.

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The question is whether members of the military will obey tsf’s “orders” before the court has ruled. Because they know that if something goes sideways he won’t pardon them.

Other question is how many of the targeted countries will consider invoking the law to be a declaration of hostilities and start taking appropriate measures such as closing the borders, interning enemy-alien US citizens, taking over US-owned properties and enterprises for reparations etc.

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The Law, in Republican hands, is just words.

Good job they have a propaganda stranglehold on half the country.

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It would be good if a judge issues a swift injunction before Trump sends people to concentration camps. Too often, he gets away with illegal abuses of power because the courts are too slow to react.

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I think a lot will depend on who he uses to do his dirty work, and how. The Border Patrol people are fine with carting away anyone whose looks they don’t like, imo. Regular army or national guard, not so much depending on unit. My impression is that the Project 2025 racists don’t really care whether their targets are citizens, much less whether they’re legally in the US, and that could break a fair subset of law enforcement and the military whose relatives will be targeted.

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Would having two unelected foreign born rich guys prying into the US Gov’t business be considered as targets for a Alien Enemies Act charge?

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Don’t expect SCOTUS to offer much resistance. Alito would be delighted to support and use 18th century laws to do Trump’s bidding. Plus, as an official act, he’s been given preemptive immunity.

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Immigrants work to survive in the U.S. The money they earn goes back into keeping their families going. This is by no means a parasitic group of people. They will be scapegoats for a bunch of rabid racists. There is no one to continue the productive work they do. The price of bacon, eggs, milk, and produce will go way up. I see an image of our money flying away.

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“Your honor, we’ve ALWAYS been at war with Eurasia…”

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Agree. Also Trump would set a precedent here for a future Democrat to declare the GOP a branch of Putin’s United Russia party and deport any registered Republican politician she didn’t like to Antarctica along with SCOTUS Justices Alito, Thomas and the rest of the Seditious Six. Bring it on Big Boy. The door swings both ways.

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