Reply to Alien Enemies Act of 1798

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[quote=Anonymous]And another judge finding that the Trump Administration's use of the AEA id unconstitutional and the Trump Administration's use of the AEA is contrary to what the AEA requires.

Notably, the AEA requires people be given time to get their affairs in order and self-deport (50 USC 22) and that the government actually file a complain in court against people they are using the AEA against.  (50 USC 23).

"When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. "

"After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. "

https://storage.courtlistener.com/recap/gov.uscourts.nysd.640153/gov.uscourts.nysd.640153.84.0.pdf[/quote]

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