Episode Transcript
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Speaker 1 (00:03):
You have questions, Brian has answers. It's time for today's
Q and A of today. This is the Brian Mud Show.
Today's Q and A. What is the Alien Enemies Act?
How does it a factor into Trump's deportation plan? This
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may lay down a message right there, maybe for a
future Q and A. Today's note this Hey, Brian, love
(01:06):
the show and President Trump. It's good comment right there.
So exciting to see Trump quickly restore sanity in this country.
I have a question for your Q and A. And
Trump's speech, he mentioned the Alien Enemies Act. I've never
heard of it. What is it and how does in
factor into his deportation plans. Thanks, I'll be listening. Yeah,
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so that one. The mention of the Alien Enemies Act
during his inaugural address not lost on me either. President
Trump clearly mentioned it as a purpose pitch in his
messaging around his administration's plans to combat illegal immigration and
anticipation of legal challenges that are likely to ensue. Here's
the full context of that window from Trump's address. He's
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at first, I will declare a national emergency at our
southern border. All illegal entry will be immediately halted, and
we will begin the process of returning millions and millions
of criminal aliens back to the places from which they came.
We will reinstitute my remain in Mexico policy. I will
end the practice of catch and release. I will send
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troops to the southern border to repel the disastrous invasion
of our country. Under the orders I signed today, we
will also be designating the cartels as foreign terrorist organizations,
and by invoking the Alien Enemies Act of seventeen ninety eight,
I will direct our government to use the full and
immense power of federal and state law enforcement to eliminate
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the presence of all foreign gangs and criminal networks bringing
devastating crime to US soil, including our cities and inner cities. Okay,
So with that, the formal name for the Act, or
the Acts, as the case happens to be, that Trump
cited for his legal authority to carry out the agenda.
They are the Aliens and Seditions Acts, which were passed
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by the Fifth Congress in seventeen nine nine eight and
signed into law by John Adams. The Acts were a
series of four laws. The first the Naturalization Act of
seventeen ninety eight. The next one was the Alien Act,
then the Alien Enemies Act, and the Sedition Act was
the fourth one. Now, without getting into the weeds, these
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acts were passed with the idea of protecting the young
country's sovereignty, national identity, and from non citizens potentially undermining
the interests of the United States during times of war
or national emergencies. These acts did the following. They changed
the US citizen residency requirement from five years to fourteen years,
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policy that was later changed under the Naturalization Law of
eighteen oh two. It authorized the federal government to arrest
and imprison aliens meaning non citizens, during wartime or a
time of national emergency. It authorized the federal government to
deport aliens. It illegal for citizens to quote, print, utter,
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or publish false, scandalous, and malicious material that was aimed
at undermining the federal government. No longer in effect that
expired in eighteen hundred. As cited by President Trump, the
Acts pertaining to the detention and deportation of aliens is
the focus because this is it was under these acts
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that deportation became a thing in this country. Is the
first time deportation entered the equation. By to claring a
national emergency, Trump has satisfied the legal requirement for exerting
extended authority for his expressed mass deportation plan. Now, of course,
legal challenges will ensue by those on the left seeking
to provide sanctuary to those unlawfully in this country. So
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about that talk of the use of these acts often
derided on the left. However, ironically, it was the two
most progressive president it's in American history. I would argue
democrats Woodrow Wilson, who used the authority under the Acts
during World War One, and Franklin Delano Roosevelt, who used
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the laws during World War II. They also happen to
be the two most recent presidents who've cited the Acts
in carrying out policy. They were the two most prolific
users of it as well. The other two presidents to
use the Acts were John Adams, who signed them into
law as I mentioned, and James Madison during the War
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of eighteen twelve. So in reality, the importance of this
Act in carrying out Trump's deportation plans for illegal immigrants
is probably overstated. It's already within the lawful authority of
the executive branch to carry out deportations independent of times
of war or national emergency. In fact, under law, the
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federal government is tasked with that responsibility, something. The Lincoln
Rightly Act that President Trump is getting ready to sign
reinforces the use of a declared national emergency in citation
of the Alien Enemies Act likely aimed at providing an
additional layer of authority to attempt to minimize legal interference
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to the administration's deportation plan. As mentioned in yesterday's Q
and A, it took Trump over three years to win
his case regarding the withholding of federal funds from sanctuary cities.
Trump learns from the legal stall tactics that are used
against him in his first term. He is seeking to
use every tool in that toolkit that's available to him
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this time around.