Stephen Miller on Judge's Deportation Order and Executive Power

Executive Authority and Judicial Review

• 🏛️ Stephen Miller asserts that the President and his administration reserve all constitutional rights to conduct national security operations, citing the Alien Enemies Act of 1798.
• ⚡ Miller argues that the Act was explicitly written to grant the President authority to repel an "alien invasion," which he claims is not subject to interference by a district court judge.
• ⚖️ He contends that the President's exercise of Article Two powers as commander-in-chief to defend the country against an invasion or foreign terrorist is not justiciable, meaning it's not subject to judicial remedy.

Interpretation of the Alien Enemies Act

• 🚢 Miller states that the statute delineates three criteria for triggering the Alien Enemies Act: an act of war, an invasion, or a predatory incursion.
• 🇻🇪 He asserts that the actions of the Venezuelan government in sending an "alien enemy force" meet these criteria, specifically referencing an "invasion" and "predatory incursion."
• 🇺🇸 The determination of what triggers the Act, according to Miller, rests solely with the President as commander-in-chief, not a district court judge.

Separation of Powers and Executive Function

• 🚫 Miller believes a district court judge has no authority to enjoin the expulsion of foreign terrorists, comparing it to directing troop movements or the operation of Air Force One.
• 🚨 He criticizes the judge's order for potentially putting lives at risk by not considering factors like fuel, flight conditions, or crew rest.
• ⚖️ Miller argues that it is fundamentally incompatible with national sovereignty to have individual expulsions adjudicated by a single district court judge, especially when dealing with what he describes as "illegal alien invaders."

Comparison to Other Cases and Autopen Use

• 🗣️ Miller draws a parallel, questioning why district court judges did not stop what he calls "flooding this nation with millions of illegal aliens" under the Biden administration.
• ✍️ Regarding President Trump, Miller states that to his knowledge, Trump has always hand-signed official documents and has been personally involved in directing federal government policy, unlike President Biden who allegedly did not know about or approve of autopen use.