I cannot vouch for the accuracy of this, but I saw this on
Twitter (
caveat lector).
I am not a lawyer. This refers to a the INA, not the Enemy Aliens Act.
View attachment 49896
But the excerpted portions says that the "there shall be no means of judicial review." I have never heard of such a thing under the English common law tradition. And because of editing, I have no idea what the no judicial review portion refers to.
Since this refers to section 1227(a)(1)(B), here is that chapter:
"
§1227. Immediate deportation of aliens excluded from admission or entering in violation of law
(a) Maintenance expenses
(1)
Any alien (other than an alien crewman)
arriving in the United States who is excluded under this chapter, shall be immediately deported, in accommodations of the same class in which he arrived,
unless the Attorney General, in an individual case, in his discretion,
concludes that immediate deportation is not practicable or proper. Deportation shall be to the country in which the alien boarded the vessel or aircraft on which he arrived in the United States, unless the alien boarded such vessel or aircraft in foreign territory contiguous to the United States or in any island adjacent thereto or adjacent to the United States and the alien is not a native, citizen, subject or national of, or does not have a residence in, such foreign contiguous territory or adjacent island, in which case the deportation shall instead be to the country in which is located the port at which the alien embarked for such foreign contiguous territory or adjacent island.
The cost of the maintenance including detention expenses and expenses incident to detention of any such alien while he is being detained shall be borne by the owner or owners of the vessel or aircraft on which he arrived, except that the cost of maintenance (including detention expenses and expenses incident to detention while the alien is being detained prior to the time he is offered for deportation to the transportation line which brought him to the United States) shall not be assessed against the owner or owners of such vessel or aircraft if ... (B)
the alien (other than an alien crewman)
was in possession of a valid, unexpired nonimmigrant visa or other document authorizing such alien to apply for temporary admission to the United States or an unexpired reentry permit issued to him, and (i) such application was made within one hundred and twenty days of the date of issuance of the visa or other document, or in the case of an alien in possession of a reentry permit, within one hundred and twenty days of the date on which the alien was last examined and admitted by the Service, or (ii) in the event the application was made later than one hundred and twenty days of the date of issuance of the visa or other document or such examination and admission, if the owner or owners of such vessel or aircraft established to the satisfaction of the Attorney General that the ground of exclusion could not have been ascertained by the exercise of due diligence prior to the alien's embarkation,"
So, I do not know. The "no judicial review" portions looks fishy, but it could be valid and applicable here.
