Update no.1218

 Update from the Heartland

No.1218

12.5.25 – 18.5.25

Blog version:  http://heartlandupdate.blogspot.com/

 

To all,

 

The follow-up news items:

-- The Court judgments at every level are coming faster than I can absorb. This particular ruling offered an interesting take on the current kerfuffle regarding the administration aggressive immigration enforcement.

On 13.May, another district court judge issued a ruling regarding the president’s use of the Alien Act of 1798(AEA) [PL 5-II-066; 1 Stat. 577; 6.7.1798] in the deportation of immigrants not legally in this country [1213, 1216]. U.S. District Court Judge Stephanie Lou Haines for the Western District of Pennsylvania rendered her judgment in the case of A.S.R v. Trump [USDC PA WD Case 3:25-cv-00113-SLH (2025)]. She provided an interesting and persuasive analysis and evolutionary definition of “predatory incursion,” which is, “a hostile entry into the United States by a cohesive group of individuals, such as a military detachment or a designated Foreign Terrorist Organization, who are united by a common goal of causing significant disruption to public safety—whether that be the safety of persons, property, or pecuniary interests—of those within the United States.” Given her contemporary definition, Judge Haines concluded that the administration use of the AEA to aggressively deport individuals who qualify under the AEA is appropriate. Judge Haines went on to chastise the administration for not giving detainees sufficient notice to allow them to submit a habeas corpuspetition, and as such, she ordered the Executive to give those qualified detainees 21 days’ notice.

I certainly do not dispute the U.S. Government (USG) in its designation of Tren de Aragua (TdA) as a Foreign Terrorist Organization (FTO). The publicly available information amply supports that designation of the group and its members. Secretary of State Rubio designated TdA along with seven other organizations (Mara Salvatrucha [MS13], Cartel de Sinaloa, Cartel de Jalisco Nueva Generación, Carteles Unidos, Cartel del Noreste, Cartel del Golfo, and La Nueva Familia Michoacana as FTOs. Most of these designated groups are Mexican, Central and South American narco-smuggling groups. TdA appears to be unique in the group as an instrument of the Venezuelan government.

The question is whether the USG is correct in judging individuals as members of TdA or any other FTO groups. The question is not and as yet never has been about the constitutionality of AEA, but rather about the Executive Branch’s application of the AEA in this instance or circumstances. We still need desperately a comprehensive, in depth, immigration reform law. The intransigence of the two political parties has made us dramatically more vulnerable. Yet, like most matters of criminal law, we must avoid punishing innocent individuals, thus our requirement for due process of law. Part of the problem we face in immigration law is the extraordinarily thin, incomplete, and inadequate body of existing law. This must change.

On the positive side, through all of these various court judgments, I am learning more and more about immigration law.

 

For those who may be interested, Jeanne and I are making progress in our quest of finding a worthy parking spot to sink roots, but we are not quite there yet. The search continues.

 

Comments and contributions from Update no.1217:

“Cap, good day. My, that took a lot of reading. Did I sense that you have or had an illness? Also you’re back in Kansas now? Best wishes to Jeanne. We’re trying down slow our lives a little without a great deal of success I might add. It must happen, after all we are both of a certain age.”

My reply:

Chronic old age, I’m afraid. I have been dealing with several afflictions, and so far, so good. With the assistance of doctors, we are staying ahead of any symptoms or side effects. I am sore and banged up from the move, but we arrived safely and are currently trying to locate and acquire an acceptable dwelling. No joy, as yet. Yes, we are safely back in Kansas and staying with our daughter for the time being. We are trying to slow down as well, and also without much success. Yes, we are both of a certain age. I know I cannot do things I used to do easily. Fortunately, for me, writing is a rather sedentary endeavor.

 

Comment to the Blog:

“It looks as if Pope Leo XIV is likely to follow the social/political path of Pope Francis, which is a good thing.

“India and Pakistan continue at odds, but at least they’re not committing genocide.

“I heartily agree with your other commenter about the two-party system and with you about Citizens United.

“I also would like to see you name the current main character of this blog, not because I agree with your second other commenter but because “he who must not be named” means a villain other characters fear greatly in many writings, not only the Harry Potter stories. The hero invariably comes along and names him. In this case, I give him unflattering nicknames because that works for my psyche.

“I wish you well in Kansas."

My response to the Blog:

That is my take of Leo XIV as well. From the initial indications, I have high hopes for the tenure of the new pope that may last 10-20 years.

Thank goodness for small favors, huh. We can hope the latest spate of violence was just a flash in the pan that will quickly die down to a usual simmer.

We are all in agreement on those aspects of American life. The two-party political system is not likely to change anytime soon. We must find a way to make what we have, work for all of us. Waiting for the Supreme Court to correct Citizens United is a long indefinite matter. Enacting a constitutional amendment to fix the inequity of Citizens United is an even more distant prospect.

Thank for your opinion, but your argument is unpersuasive. The man, and I use that descriptor with pronounced revulsion, does not deserve recognition as a member of the human species. Nonetheless, he was duly elected to be our president, and thus he cannot be ignored.

Thx mate. We’re still working daily to find a permanent residence and return to our routine of life as quickly as possible.

 

My very best wishes to all.  Take care of yourselves and each other.

Cheers,

Cap                  :-)