by oldedude on March 24, 2025 1:23 pm
donna- First, since trumpster has taken the helm, I have been more critical of him than supportive. Just to get that out of the way. Like DOGE, I think he's a bull in the china closet. I am questionable about #2 depending on your preconceived notions. If you believe a "terrorist" is some camel herder in a cave, you really need to read up.
I'm hoping you understand my support and my misgivings about the situation. I think by the "letter of the law" trumpster can do this. I also think the district court judge is out of line. The law is very specific. It's ONLY up to the president or the secretary of state to make that decision.
The first question is "Are they admissible Aliens?" 8 U.S. Code § 1182 - Inadmissible aliens. This law states if a person can or cannot be admitted into the United States. This is the sticking point between pedojoe and the GOP, the GOP saying that if you don't vet the person coming into the country how do you know they're "Admissible?" If they should have been turned away at the border, then what standing to they hold? That's what the argument is about now, and what your lead post was mostly talking about. They believe they still have standing. I don't know.
Sections 2 (A),(B),(C), and (D) are applicable in this case. My grandfather was held at Ellis Island because he had the flu (Section 1).
The second question is "are they 'terrorists'"? My bet is that you and I differ in that opinion. I'm pretty adamant they fit the legal definition which is the toughest one to prove. This falls under Title 18 of the United States Code, Section 2331.
According to the State Department, Groups can be designated as Foreign Terrorist Organizations under the Immigration and Nationality Act. This is a pretty narrow description of the terrorist (gang members in this case). That's what he's using in this case. Are they terrorists? I have the statute below my remarks. The Bolded areas are what they are using so they're easier to find.
Third question; does EO 13224 have standing here.
Executive Order 13224
Then-President Bush signed Executive Order 13224 on September 23, 2001. Executive Order 13224 gives the U.S. Government a powerful tool to impede terrorist funding and is part of our national commitment to lead the international effort to bring a halt to the evil of terrorist activity.
The second piece of this is under Executive Order (E.O.) 13224 (2001), a wider range of entities, including terrorist groups, individuals acting as part of a terrorist organization, and other entities such as financiers and front companies, can be designated as Specially Designated Global Terrorists (SDGTs). When looking EO 13224 up, I was pretty scared the EO was done by trumpster. That wouldn't be good by any means. It was done right after 9/11. If either obomber or pedojoe wanted to get rid of it they could have very easily. TdA and MS13 can all be charged with knowingly selling drugs. Prostitution and commercialized vice is chargeable for any of the males that are bringing women into the country, pimping, security for the prostitutes. This is what they used for the evidence collection for the Tsarnaev brothers, San Diego murderers, and directly for Mahmoud Khalil.
Third Question: does the Alien Enemies Act of 1798 have standing to deport non-citizens out of the country. I did a rundown on this in another Thread, cited #4.
The rest of this are the citations, so you can read them or not. Trying to make the really boring parts easy to skip if you want.
18 U.S. Code § 2331 - Definitions
As used in this chapter—
(1) the term “international terrorism” means activities that—
(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State;
(B)appear to be intended—
(i)to intimidate or coerce a civilian population;
(ii)to influence the policy of a government by intimidation or coercion; or
(iii)to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C)occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum;
(2)the term “national of the United States” has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act;
(3)the term “person” means any individual or entity capable of holding a legal or beneficial interest in property;
(4)the term “act of war” means any act occurring in the course of—
(A)declared war;
(B)armed conflict, whether or not war has been declared, between two or more nations; or
(C)armed conflict between military forces of any origin;
(5)the term “domestic terrorism” means activities that—
(A)involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
(B)appear to be intended—
(i)to intimidate or coerce a civilian population;
(ii)to influence the policy of a government by intimidation or coercion; or
(iii)to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
(C)occur primarily within the territorial jurisdiction of the United States; and
(6)the term “military force” does not include any person that—
(A)has been designated as a—
(i)foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); or
(ii)specially designated global terrorist (as such term is defined in section 594.310 of title 31, Code of Federal Regulations) by the Secretary of State or the Secretary of the Treasury; or
(B)has been determined by the court to not be a “military force”.
(a)Classes of aliens ineligible for visas or admission
Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
...
(2)Criminal and related grounds
(A)Conviction of certain crimes
(i)In general
Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of—
(I)a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
(II)a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),
is inadmissible.
(C)Controlled substance traffickers
Any alien who the consular officer or the Attorney General knows or has reason to believe—
(i)is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii)is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,
is inadmissible.
(D)Prostitution and commercialized vice
Any alien who—
(i)is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii)directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii)is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
Executive Order 13224 of September 23, 2001
Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten To Commit, or Support Terrorism
This allows the government to deport based on bank records, acts of money laundering, transferring money, aid and abet with food, housing, support on a website, etcetcetc. (see cite #4)
law.cornell.edu
federalregister.gov
law.cornell.edu
selectsmart.com
by Donna on March 24, 2025 4:24 pm
"As Christ said. OUR LAW says it can happen. My guess is that you need to read the law, instead of relying on your "memory" or someone else's regurgitation of the bible." - olde dude
Christ never said that. And why are you bringing up Christ in this topic thread?
I'm fully aware that the American Bar Association doesn't make court rulings. I posted that because the ABA is an authoritative source on U.S. law.
What's the criminal charge against Khalil? The regime hasn't said. I'm guessing that he didn't break any laws, and that Trump just doesn't like his activism and decided to use him as a sort of head-on-a-pike to shut down dissent.
by HatetheSwamp on March 24, 2025 5:42 pm
Donna,
I don't think anyone is accusing him of a crime.
by oldedude on March 24, 2025 8:09 pm
No one has. He's on a visa detainer. Again, he could be in a far worse place. He could have been taken in the middle of the night like the Saudis take journalists. Spirited off to some unnamed country in some unnamed place.
Or he could be given to the Israelis for questioning (never to return). OR questioned by the Israelis and given back to Hamas, who knows he was "questioned" by the Israelis. They may find his body in rubble or buried in an unmarked grave.
Or facing terrorism charges in the US for 20-50 years for terrorist activity with Hamas. All they need is a couple of pictures loading unknown "boxes" that are the same size as ammo boxes.
Yes, he's detained. And things could be a whole lot worse. Being deported? Easy day. He'll be well taken care of, put on a flight, and he's back! easypeasy.
Whatever happened to welcoming strangers? See the second link for the biblical view and verses about foreigners.