The government is saying that it can declare that transnational crime is an "invasion" under the Alien Enemies Act, and that the courts cannot review this decision. Therefore, they can arrest, deport, or transfer to a prison in a third country, any non-citizen and the courts have no power to intervene or review the decision.
Transnational crime will always exist, and it is present in many countries. So if you're a citizen of Italy and a lawful permanent resident of the US, they can arrest you, accuse you of being in the mafia, and send you to a prison in El Salvador, and you will have no legal recourse. I don't even think they would need that fig leaf since the courts would have no power to review their actions.
IANAL. I am very concerned about this matter. from the document you so helpfully provided: "the President proclaimed that βall Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as Alien Enemies.β
So I think on its face they are claiming they are apprehending NON-"lawful permanent residents" - i.e. NON green card holders. I think the reality, though, is that even if you ARE a green card holder, the way this is being carried out - based on the video of Mahmoud Khalil's "arrest" - you may find yourself having your head shaved in a prison in El Salvador, with no way to make your case.
Re Mahmoud Khalil- he IS a "lawful permanent resident" and I thought "habeas corpus" was thought to be an issue within 24 hours, much more time has now elapsed. ????
The government is saying that it can declare that transnational crime is an "invasion" under the Alien Enemies Act, and that the courts cannot review this decision. Therefore, they can arrest, deport, or transfer to a prison in a third country, any non-citizen and the courts have no power to intervene or review the decision.
Transnational crime will always exist, and it is present in many countries. So if you're a citizen of Italy and a lawful permanent resident of the US, they can arrest you, accuse you of being in the mafia, and send you to a prison in El Salvador, and you will have no legal recourse. I don't even think they would need that fig leaf since the courts would have no power to review their actions.