Court Blocks Trump’s Deportation Efforts under 18th-Century Alien Enemies Act

NEW YORK, NY – A federal court in New York has issued a preliminary injunction temporarily blocking removals under the Alien Enemies Act, according to a press release issued by the American Civil Liberties Union (ACLU). The decision marks a significant legal setback for the Trump administration’s controversial deportation efforts under the 18th-century statute.

In GFF v. Trump, the court ruled that the president’s proclamation exceeded the scope of the Alien Enemies Act, concluding that there is no present “war,” “invasion,” or “predatory incursion” as required by the statute. The ruling bars removals under the law within the jurisdiction of the court.

The ACLU’s press release underscores the court’s finding that the federal government’s process for notifying individuals of their designation under the statute was legally inadequate and violated constitutional guarantees of due process.

The lawsuit is being led by the American Civil Liberties Union and the New York Civil Liberties Union, in partnership with the Legal Aid Society.

The press release features statements from attorneys and advocates involved in the case.

ACLU attorney Lee Gelernt, the lead counsel who argued the case, stated:

“The court has joined others in correctly recognizing that the president cannot simply declare that there’s been an invasion and then invoke a wartime authority during peacetime to send individuals to a Gulag-type prison in El Salvador without even giving them due process.”

Donna Lieberman, Executive Director of the New York Civil Liberties Union, also praised the decision, asserting:

“Trump cannot rewrite, ignore, or supersede our laws to justify his lawless deportation agenda. Today’s ruling rightly affirms our class members’ constitutional rights to due process and rebukes Trump’s reckless invocation of a 1700s-era wartime law to deport people to a horrific, hellhole prison in El Salvador.”

Sayoni Maitra, supervising attorney in the Federal Immigration Law Unit at the Legal Aid Society, called the ruling “a powerful affirmation of our clients’ fundamental right to due process.” She added:

“The court rightly affirmed that the government cannot use an archaic wartime statute, in the absence of war, to sidestep due process and summarily deport asylum seekers who are lawfully seeking protection. We will continue to fight for a system that respects constitutional rights, human dignity, and justice for all.”

The case represents a major legal challenge to the Trump administration’s use of historic emergency powers in a peacetime context and sets the stage for a broader debate over the limits of executive authority in immigration enforcement.

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  • Zack Dollins

    Zack Dollins is a first-year student at the Univeristy of California, Davis, majoring in political science and minoring in human rights. Zack is the founder of the Los Alamitos High School Kindness Collective, which is a school club devoted to inspiring service and altruisim within the leaders of tomorrow. He continues to help oversee the LAHS Kindness Collective, plans to launch at Kindness Collective club chapter at UC Davis next year, and in the years to come, hopes to expand the organization to one day be home to thousands of club chapters. Zack is also an ASUCD Senator, one of twelve UCD students elected to represent the student body and oversee $22 million in student funds. Zack is deeply committed to social justice and actualizing a better world. Zack aspires to either work in politics or the nonprofit sector -- wherever he can have the biggest impact. He is excited to contribute to The VANGUARD and uncover systemic injusticies.

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