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Notes -
No the statute isn’t limited to whether congress declared war. Yes in Ludecke there was a war declared and the question was when the war ended. The court took a rather broad view as to who gets to answer that question (ie the executive and not the courts). The logic of Ludecke seemingly would apply for an invasion determined by the Executive.
I agree that the question of whether the aliens are in the particular class is justiciable but arguably ACLU waived that claim when saying the plaintiffs were all aliens from Venezuela.
The class is members of Tren de Aragua. Not all aliens from Venezuela - Trump isn't claiming that the US is at war with Venezuela. Under the WW2-era jurisprudence whether any given alien is a member of the class is justiciable, including via habeas corpus. That is why Trump had to ship the detainees out of the jurisdiction before a court could rule on what is going on - if he has to litigate each detainee's membership of Tren de Aragua individually then the policy goal of the whole scheme is not achieved.
I agree there is a real question on class (I noted it in my post).
I am sympathetic to the Buekle (sp?) approach: when the gang members literally print on themselves who they are the risk of a false positive is extremely low and individual adjudication should not be necessary since shock and awe is needed.
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