The Alien Enemies Act of 1798 (“Act”) allows the president to detain or deport the natives and citizens of an “enemy” nation with little, if any, due process. The Act is codified at 50 USC Chapter 3: Alien Enemies (also see the transcription of the original act at the bottom of this page).
When invoked by the President, the law states that “all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
Under its terms, the Act can be invoked via a Presidential Proclamation on two bases:
Basis 1: “…whenever there shall be a declared war between the United States and any foreign nation or government,” or
Basis 2: When “any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government…”
There is a real constitutional crisis in the United States that is rooted in judicial political activism. We all understand that Marbury v. Madison (1803) established what is called judicial review, meaning that the SCOTUS and all federal courts have the power to declare laws and actions of the legislative and executive branches unconstitutional. This is part of our system of checks and balances in our Constitutional Republic among the three branches of government.
However, what happens when the judicial branch takes an activist role and based upon unconstitutional political ideology, seeks to undermine the actions of the legislative, and in this case, the executive branch? It has come to pass that a federal district judge by the name of James Boasberg, an Obama appointee, issued an order directing the executive branch to cease any deportations of criminal illegal immigrants out of this Country. Judge Boasberg even went so far as to demand, by unscrupulous order, that the flights be turned around in midair to return said single military age non-uniformed, non-state belligerent members of a terrorist organization back to the United States.
One has to ask, where was this “judge,” a term I use lightly in his regard, when one Joe Biden was violating the Constitution of the United States by way of Article IV, Section 4, and allowing the sovereignty of our Republic to be violated? It appears that Judge Boasberg believes, like one delusional leftist Democrat Congressional Representative, Jasmine Crockett, that illegally entering our Country is not a crime. But more disturbing and disconcerting, is that this judge, who is supposed to interpret the law, does not understand or comprehend, the Alien Enemies Act of 1798. It is quite clear, rather apparent, that Tren de Aragua and MS-13, both designated terrorist organizations, have made “predatory incursion” into the territory of the United States and have committed acts of violence against the American people.
These individuals are not US citizens and are not under any constitutional protections whatsoever. They are enemy combatants, no different from having ISIS, Al Qaeda, Hamas (another story when it comes to Mahmoud Khalil), Taliban, Hezbollah, Houthis, or any other designated terrorist organization invading, making predatory incursions, and threatening our Nation.
So, what is the basis of the insidious order issued by so-called judge Boasberg? Well, consider the source that it is the ACLU and other leftist groups supported by George Soros’ Open Society Foundation that are fueling this folly. It would seem to me that these organizations are guilty of providing material support and comfort to a terrorist organization by acting as a legal arm in filing these unconstitutional and frivolous lawsuits to impede the commander-in-chief from doing his constitutional duties. Aiding and abetting a terrorist organization as well as providing material support and comfort is a violation of U.S. law, namely, 18 U.S.C. 2339A and 2339B—criminalizes knowingly providing resources to designated foreign terrorist organizations or those intending to commit terrorism-related offenses.
The real question to this issue is simple: when will the US Attorney General bring federal charges against the Soros network, the ACLU, and Judge James Boasberg? No, I am not kidding, and to borrow a phrase from President Trump, it is just “Common Sense.” Furthermore, it is in keeping with U.S. law and constitutionality.
There is a clear message that has to be sent: supporting criminal illegal immigrants and terrorist organizations will not be tolerated any longer. And there is a reason why the Democrats have a 27% approval rating, this is a clear indicator.
Now, if a dumb ol’ retired Lieutenant Colonel who still jumps out of airplanes can dissect this and make it plain and simple to understand…why can’t the Attorney General of the United States do so? And take action to bring charges against said entities who are supporting Tren de Aragua and MS-13. We do not want them in this Country, and anyone who supports that notion is in violation of US Code, our Constitution, and just plain stuck on stupid!
Steadfast and Loyal.
The Real Constitutional Crisis
Allen West
March 18, 2025
The Alien Enemies Act of 1798 (“Act”) allows the president to detain or deport the natives and citizens of an “enemy” nation with little, if any, due process. The Act is codified at 50 USC Chapter 3: Alien Enemies (also see the transcription of the original act at the bottom of this page).
When invoked by the President, the law states that “all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
Under its terms, the Act can be invoked via a Presidential Proclamation on two bases:
Basis 1: “…whenever there shall be a declared war between the United States and any foreign nation or government,” or
Basis 2: When “any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government…”
There is a real constitutional crisis in the United States that is rooted in judicial political activism. We all understand that Marbury v. Madison (1803) established what is called judicial review, meaning that the SCOTUS and all federal courts have the power to declare laws and actions of the legislative and executive branches unconstitutional. This is part of our system of checks and balances in our Constitutional Republic among the three branches of government.
However, what happens when the judicial branch takes an activist role and based upon unconstitutional political ideology, seeks to undermine the actions of the legislative, and in this case, the executive branch? It has come to pass that a federal district judge by the name of James Boasberg, an Obama appointee, issued an order directing the executive branch to cease any deportations of criminal illegal immigrants out of this Country. Judge Boasberg even went so far as to demand, by unscrupulous order, that the flights be turned around in midair to return said single military age non-uniformed, non-state belligerent members of a terrorist organization back to the United States.
One has to ask, where was this “judge,” a term I use lightly in his regard, when one Joe Biden was violating the Constitution of the United States by way of Article IV, Section 4, and allowing the sovereignty of our Republic to be violated? It appears that Judge Boasberg believes, like one delusional leftist Democrat Congressional Representative, Jasmine Crockett, that illegally entering our Country is not a crime. But more disturbing and disconcerting, is that this judge, who is supposed to interpret the law, does not understand or comprehend, the Alien Enemies Act of 1798. It is quite clear, rather apparent, that Tren de Aragua and MS-13, both designated terrorist organizations, have made “predatory incursion” into the territory of the United States and have committed acts of violence against the American people.
These individuals are not US citizens and are not under any constitutional protections whatsoever. They are enemy combatants, no different from having ISIS, Al Qaeda, Hamas (another story when it comes to Mahmoud Khalil), Taliban, Hezbollah, Houthis, or any other designated terrorist organization invading, making predatory incursions, and threatening our Nation.
So, what is the basis of the insidious order issued by so-called judge Boasberg? Well, consider the source that it is the ACLU and other leftist groups supported by George Soros’ Open Society Foundation that are fueling this folly. It would seem to me that these organizations are guilty of providing material support and comfort to a terrorist organization by acting as a legal arm in filing these unconstitutional and frivolous lawsuits to impede the commander-in-chief from doing his constitutional duties. Aiding and abetting a terrorist organization as well as providing material support and comfort is a violation of U.S. law, namely, 18 U.S.C. 2339A and 2339B—criminalizes knowingly providing resources to designated foreign terrorist organizations or those intending to commit terrorism-related offenses.
The real question to this issue is simple: when will the US Attorney General bring federal charges against the Soros network, the ACLU, and Judge James Boasberg? No, I am not kidding, and to borrow a phrase from President Trump, it is just “Common Sense.” Furthermore, it is in keeping with U.S. law and constitutionality.
There is a clear message that has to be sent: supporting criminal illegal immigrants and terrorist organizations will not be tolerated any longer. And there is a reason why the Democrats have a 27% approval rating, this is a clear indicator.
Now, if a dumb ol’ retired Lieutenant Colonel who still jumps out of airplanes can dissect this and make it plain and simple to understand…why can’t the Attorney General of the United States do so? And take action to bring charges against said entities who are supporting Tren de Aragua and MS-13. We do not want them in this Country, and anyone who supports that notion is in violation of US Code, our Constitution, and just plain stuck on stupid!
Steadfast and Loyal.
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