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Prisoners at the Terrorism Confinement Center (Cecot) in El Salvador

A prison officer guards inmates in an overcrowded cell at the Terrorism Confinement Center (CECOT) in Tecoluca, San Vicente, El Salvador on April 4, 2025.

(Photo: Alex Pena/Anadolu via Getty Images)

ACLU Sues to Block Trump's Alien Enemies Act Deportations

"The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions," the lawsuit asserts.

The ACLU and allied groups filed a lawsuit Tuesday in a bid to stop U.S. President Donald Trump from "abusing the Alien Enemies Act"—an 18th-century law only ever invoked during wartime—to deport foreign nationals to a prison in El Salvador with allegedly rampant human rights abuses.

According to a statement, the ACLU and New York Civil Liberties Union, "in partnership with the Legal Aid Society whose clients are plaintiffs in the litigation, filed an emergency lawsuit this morning in federal court in New York to again halt removals under the Alien Enemies Act (AEA) for people within that court's judicial district."

The lawsuit—which names Trump, U.S. Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio, and other officials as plaintiffs—follows Monday's 5-4 U.S. Supreme Court ruling that largely reversed a lower court's decision blocking the deportation of Venezuelan nationals to the notorious Terrorism Confinement Center (CECOT) prison in El Salvador.

BREAKING: Today the NYCLU and @aclu.org filed an emergency lawsuit to ensure the Trump administration does not deport people under the Alien Enemies Act without due process. No one should face the horrifying prospect of lifelong imprisonment without a fair hearing, let alone in another country.
— NYCLU (@nyclu.org) April 8, 2025 at 11:00 AM

While the high court said the Trump administration can resume deportations under the 1798 AEA, the justices included the caveat that people subject to such removals must be afforded due process under the law.

"The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions," the ACLU argued in the new lawsuit. "It cannot be used here against nationals of a country—Venezuela—with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States."

Not only has Trump sent foreign nationals—including at least one wrongfully deported man—to CECOT, he has also floated the idea of sending U.S. citizens there at the invitation of right-wing Salvadoran President Nayib Bukele, who is scheduled to visit the White House next week.

This, despite widespread reports of serious human rights violations at the facility and throughout El Salvador in general.

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