Clinton Judge: Not an Invasion, Denied the Use of the Alien Enemies Act

Senior US District Court Judge David Briones, a Clinton -appointed judge in El Paso, denied the administration’s use of the Alien Enemies Act to expedite the removal of illegal alien criminals. He wants each one to have more due process, even the ones who are convicted of crimes.

Judge Briones says the President can’t declare an invasion. He doesn’t believe it is an invasion.

In a 56-page order, Briones wrote that Trump’s proclamation was “hereby declared unlawful,” reasoning that the administration’s implementation of the executive order was “inconsistent with the AEA” and its statutory requirements.

It is the latest in a string of orders to keep President Trump from quickly ridding the country of Maduro’s Tren de Aragua gang and El Salvador’s MS-13, now considered domestic terrorists.
They are transnational gangs who commit heinous crimes.

Briones said invoking the 1798 law would “only require a militarized effort against, and militarized intrusion into, the territory of the United States with the specific purpose of conquering or obtaining control over territory.” Even assuming that Trump’s analysis of the gang’s activity in the United States is true, “it is clear they do not rise to the level of an ‘invasion’ or ‘predatory incursion’ as defined in the AEA.”

Briones said the government has an interest in border security and combating gangs, but needed to do so through laws passed by Congress.

“Mass illegal migration or criminal activities plainly do not fall within the AEA’s statutory boundaries. Proclamation 10903 does not assert TdA is acting as an army or a military force. Nor is the stated purpose for entry into the United States territory with an intent to gain a territorial foothold on the United States for military purposes. TdA’s alleged actions are simply not ‘against the territory’ of the United States,” the judge wrote in his opinion.

This judge wants to see the cannons rolling in and the jets dropping bombs before he will believe his lying eyes.

Tren de Aragua is a well-armed, organized transnational domestic terrorist militancy.

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