A legal battle is unfolding over the Trump administration’s use of the Alien Enemies Act (AEA) to justify mass deportations. The American Civil Liberties Union (ACLU) has filed a motion seeking a preliminary injunction to halt deportations, arguing that the government has misapplied the 18th-century law. The filing contends that the AEA cannot be used without an invasion or predatory incursion by a foreign nation and criticizes the administration’s approach as legally flawed and procedurally unjust.
The motion highlights several errors made by immigration officers in identifying alleged gang members. In some cases, individuals were deported based on tattoos mistakenly linked to a Venezuelan gang. One deported individual had tattoos representing his parents, while another had a tattoo resembling a soccer team logo. A third was removed due to an autism awareness ribbon tattoo dedicated to his brother. These errors, the motion argues, illustrate the flawed methods used to determine gang affiliation.
The ACLU asserts that the government’s process has resulted in wrongful deportations, including sending individuals to a notorious prison in El Salvador. The motion details the harsh conditions at this facility, where detainees face physical abuse, torture, and severe psychological harm. It warns that without judicial intervention, more people could be sent to dangerous environments where their safety is at risk.
Further, the motion challenges the legal framework employed by the administration to justify these removals. The government has argued that the case should have been brought through a habeas corpus petition in Texas, where deportation flights originated. However, the ACLU counters that this approach is not mandatory, pointing to legal precedent that allows for alternative legal strategies. It also argues that the government’s own actions such as failing to provide advance notice to those being deported—make a habeas petition practically unworkable.
The motion emphasizes that the government’s position allows for immediate deportations without providing individuals the chance to challenge their removal. It also argues that the deportation process itself violates the AEA by failing to offer a way to contest designations before removal. The ACLU urges the court to prevent further deportations under the executive order until a fair process is established, maintaining that the government’s approach disregards legal safeguards and risks sending innocent people into harm’s way.
