Thread by @America1stLegal

/1🚨The left is LYING about the Alien Enemies Act.

The President has absolute authority to remove enemy aliens — and has for over 200 years.

Arguments about due process, removal orders, and vetting are IRRELEVANT.

Here’s the truth the left doesn’t want you to know. 🧵👇

/2 Nearly 75 years ago, the Supreme Court clearly explained that the President acts at the height of his authority when acting under the express authorization of Congress or pursuant to his constitutional authority.

/3 The Supreme Court affirmed that when the President exercises a core Article II power, it “disables the Congress from acting upon the subject,” and the “Courts have no power to control the President's discretion.”

/4 The invocation of the Alien Enemies Act is such a case. 

Congress delegated to the President plenary authority to remove any alien from an invading or hostile nation.

/5 There is a difference between:

➡️ The Alien Enemies Act

➡️ The Immigration and Nationality Act

These are two different sources of authority for the President to remove people from the United States. Further, the limitations of the INA do not apply to the AEA.

/6 Recall the use of “Title 42” during the COVID-19 pandemic.

This allowed the government to rapidly expel illegal border crossers because of the public health concern. 

Those people were not put into “immigration proceedings” under Title 8 because Title 42 provided an independent basis to remove them from the United States. 

The same goes for the AEA.

/7 Similar to Title 42’s grant of discretion to declare a public health emergency, with the AEA, Congress delegated complete discretion to the Executive Branch to determine when enemy aliens pose a public safety risk, and empowered the President to remove them immediately.

/8 Both Title 42 and the AEA are separate and independent authorities from the Immigration and Nationality Act, codified in Title 8 of our laws.

/9 What does this mean? 

It means: 

➡️ “Due process” arguments are irrelevant

➡️ Deportation orders are irrelevant

➡️ Being “vetted” is irrelevant

➡️ Temporary Protective Status is irrelevant

Why?

Because none of the “normal immigration laws” apply to AEA removals.

/10 Under the AEA, the only question is if the alien is from the invading country. 

If they are, the statute says they can be removed.

/11 The AEA vests the exclusive authority in the President to make this determination.

/12 In this case, President Trump limited his invocation of the statute to members of TdA even though he could have declared, and still has the power to declare, that any Venezuelan could be removed under the AEA.

/13 But the President’s determination of who is a member of TdA is not reviewable.

Law enforcement and national security are “core executive functions,” and Congress has given explicit authorization.

“Courts have no power to control the President’s discretion.”

/14 Some have argued that those removed are entitled to “due process” or were “lawfully admitted” or “already vetted.”

These arguments are false. 

The Courts have spoken with unmistakable clarity: those removed under the AEA are not entitled to any due process of law

/15 @VP Vance has already displayed the fallacy of the “already vetted” argument.

https://twitter.com/collinrugg/status/1883557335173406778

@VP /16 Most of these aliens were not “lawfully admitted.” 

They were allowed to enter illegally by the Biden Administration, which let 11 million illegal aliens enter through catch and release and historic abuses of the “parole authority.”

https://twitter.com/america1stlegal/status/1899596692917301304

/17 But even if those arguments were true, it still wouldn’t matter because those “due process” arguments apply to Immigration and Nationality Act removals, not to the Alien Enemies Act.

/18 In the end, the courts cannot review the executive’s classification of members of TdA.

The President has the authority, through congressional authorization and his commander-in-chief powers, to expel any Venezuelans he determines have invaded the United States.