BREAKING: Donald Trump gets crushing news as a second federal judge rules that he exceeded his presidential authority by exploiting the Alien Enemies Act to mass deport people to a “notoriously evil jail” in El Salvador.
This judge really didn’t hold back tearing into the fascist MAGA regime…
U.S. District Judge Alvin Hellerstein of the Southern District of New York said that the law in question can only be used when there is a declared war or if the United States is actually experiencing an invasion. Despite Trump’s bombastic rhetoric, undocumented migration does not meet that criteria.
The so-called evidence proving that “that [Tren de Aragua] has engaged in either a ‘war,’ ‘invasion’ or a ‘predatory incursion’ of the United States, do not exist” wrote the judge.
“There is nothing in the AEA that justifies a finding that refugees migrating from Venezuela, or TdA gangsters who infiltrate the migrants, are engaged in an ‘invasion;’ or ‘predatory incursion,’” he continued.
“They do not seek to occupy territory, to oust American jurisdiction from any territory, or to ravage territory. TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” Hellerstein went on.
“Thus, I find that the Presidential Proclamation exceeds the scope of the AEA,” he added.
Hellerstein also sharply criticized the Trump administration for executing its deportations with “no mention [to migrants] of an indefinite detention in a foreign jail hired by the United States” with only “faint hope of process or return.”
He pointed to a ruling by the Supreme Court demanding that migrants be given adequate warning before deportation under the AEA.
“The notice is a fleeting affair, for if the alien fails to express an intent to file a petition for habeas relief within a dozen hours of being served … or to actually file a petition within another 24-hour period, ICE ‘may proceed with removal,’” he wrote.
“And even if an alien files for habeas relief, Respondents state that they still may deport him if the court does not grant a temporary restraining order, or takes too long to conduct the proceeding,” he continued.
“Respondents’ proposal for notice is insufficient under the AEA, the Supreme Court’s ruling … and Constitutional due process,” the judge added.
Not done there, he slammed the conditions at the infamous El Salvadoran prison known as CECOT that’s being used to house deportees.
“The destination, El Salvador, a country paid to take our aliens, is neither the country from which the aliens came, nor to which they wish to be removed. But they are taken there, and there to remain, indefinitely, in a notoriously evil jail, unable to communicate with counsel, family or friends,” wrote Hellerstein.
“Here, absent a preliminary injunction, Petitioners would be removed from the United States to CECOT, where they would endure abuse and inhumane treatment with no recourse to bring them back. If that is not irreparable harm, what is?” he asked
Just last week, a federal judge in Texas came to a similar conclusion about Trump’s unlawful use of the AEA, saying that it could not be exploited to target a gang. At this point, Trump is in open defiance of the courts and should be impeached for his criminal behavior.
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