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american civil liberties union
'Chilling and Unprecedented': Trump Memo Threatens Law Firms That Cross His Administration
"Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession," wrote the national legal director of the American Civil Liberties Union.
Mar 23, 2025
Legal advocacy groups have issued a sharp rebuke to a directive from U.S. President Donald Trump that was unveiled on Friday and which aims to hold "accountable" law firms and lawyers that, according to him, "engage in frivolous, unreasonable, and vexatious litigation against the United States."
"Accountability is especially important when misconduct by lawyers and law firms threatens our national security, homeland security, public safety, or election integrity," Trump wrote in a memorandum to U.S. Attorney General Pam Bondi and U.S. Homeland Security Secretary Kristi Noem, which was issued late Friday. Trump directed Bondi to "seek sanctions against attorneys and law firms" who engage in objectionable litigation, and scrutinize litigation against the government stretching back over the past eight years.
The new directive is a widening of Trump's campaign against lawyers and law firms he does not like. Reuters reported Saturday that the Trump administration has been hit with over 100 legal challenges, taking aim at various White House actions.
Multiple legal groups denounced the move, saying they would not be intimidated.
Nancy Northup, president and CEO of the Center for Reproductive Rights, wrote on Sunday that for over 30 years her organization "has stood strong against attacks on reproductive freedom. We have litigated scores of cases in federal courts, including against the U.S. government, regardless of the political party in power."
"We will not back down in the face of the president's intimidation campaign—not while his administration refuses to defend women who are denied emergency abortion care; not while it condones violence at abortion clinics; and not while doctors are under threat of criminal prosecution for providing essential care. Not now and not ever," she continued.
Cecillia Wang, national legal director of the American Civil Liberties Union (ACLU), echoed this sentiment in a statement released on Saturday.
"This action by the president of the United States is a chilling and unprecedented attack on the foundations of liberty and democracy. Good lawyers, regardless of ideology or party, will remain undeterred in the honorable pursuit of our profession. We will continue to stand up for the people and the rule of law," Wang wrote.
Trump specifically called out lawyers working in the immigration space. "The immigration system... is likewise replete with examples of unscrupulous behavior by attorneys and law firms. For instance, the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims," he wrote.
Kelli Stump, the president of the American Immigration Lawyers Association (AILA), and the group's executive director Ben Johnson, pushed back on Trump's claims.
"The broad assertion that immigration attorneys are acting improperly in their efforts to represent individuals against an increasingly complex and restrictive immigration system is both unfounded and dangerous," they wrote in a statement on Saturday.
The memo also name drops Marc Elias, a prominent attorney who has worked for multiple major Democratic political campaigns.
Skye Perrymen, the CEO and president of the legal group Democracy Forward—where Elias serves as board chair—said in a statement on Saturday that "the ongoing threats to the legal profession and the rule of law by the president are intended to intimidate and inspire fear, but instead they should inspire action."
"The president's increasing targeting of lawyers, the legal profession, and judges is in response to a number of instances where communities across the nation have had to go to federal court to protect their rights from this administration's overreach and where judges nominated by both Republican and Democratic presidents and confirmed by the U.S. Senate have found that the Trump-Vance administration's actions warrant scrutiny and, in many cases, are unlawful," added Perrymen.
Democracy Forward, the ACLU, and AILA have all brought cases challenging Trump administration actions.
The order comes at the end of a rocky week for the field of law. On Thursday, one of the country's top law firms, Paul, Weiss, Rifkind, Wharton & Garrison LLP, brokered a deal with the White House in order to spare the firm from an executive order that suspended security clearances for lawyers and staff.
As part of the deal, according to a post from Trump on social media, the firm "will dedicate the equivalent of $40 million in pro bono legal services over the course of President Trump's term to support the administration's initiatives, including: assisting our nation's veterans, fairness in the justice system, the president's Task Force to Combat Antisemitism, and other mutually agreed projects."
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Violence Against Guantánamo Detainees, Again
Immigrant prisoners are isolated and mistreated in what a post-9/11 lawyer called a "lawless enclave."
Mar 05, 2025
Just weeks after the Trump administration began sending immigration detainees to Guantánamo, the detainees report windowless solitary confinement for up to 23-hours-a-day; denial of drinking water as a form of punishment or retaliation; verbal and psychological abuse, including guards "threatening to shoot detainees"; and "never [being] permitted to contact family members."
These allegations are from a lawsuit filed by the American Civil Liberties Union (ACLU) on March 1 to prevent new transfers to the offshore prison. The mistreatment is not surprising.
In 1991, U.S. military personnel dressed in riot gear and carrying "rifles with fixed bayonets" attacked Haitian asylum-seekers at Guantánamo—while the Haitians were sleeping.
ICE detention has long aspired to the lawlessness which Guantánamo makes possible.
That's according to an official military history of the detention of thousands of Haitians at the U.S. Naval Station in Cuba. Some of the Haitians had protested delays in their cases, as well as their mistreatment in U.S. custody, after fleeing U.S.-sponsored political violence in their country.
"The stunned migrants offered no resistance," writes the Marine Corps historian in his account of this "humanitarian mission."
In 1993, an American soldier at Guantánamo was angered when a Haitian child urinated in the dirt. The soldier "took the little boy's hand and rubbed it in the urine and mud, and then wiped it in his face and in his mouth," according to a fellow service member who later spoke to documentary filmmakers about his refusal to violently suppress nonviolent protests (see Crowing Rooster Arts, Guantánamo Notes, at 21:29).
In 1995, Haitian children unaccompanied by adults reported being "cracked" by U.S. military guards at Guantánamo: "their hands cuffed behind their back, their feet cuffed and then stepped on... The cuffings often occur[ed] in conjunction with other punishments, such as... being forced to kneel for hours on hot cement or beds of ants," according to the newspaper Haïti Progres.
After a 15-year-old Haitian girl threw food on another girl's bed, American soldiers handcuffed her to a cot in solitary confinement for a day-and-a-half, the girl told a visiting attorney. (You can read more about those imprisoned Haitian children in this pamphlet, published as part of "Ghosts of Guantánamo," a 1995 exhibit in Miami Beach organized to bring attention to those children in a time before social media.)
A brigadier general who acknowledged these incidents said they were not "abuse" but merely the result of "poor judgment and improper disciplinary techniques." A press release from the U.S. Atlantic Command said that the "conduct" of the military was being "closely monitored" by the U.S. immigration service.
Today, as the U.S. military collaborates with Immigration and Customs Enforcement (ICE) at Guantánamo, "degrading conditions and extreme isolation have led to several suicide attempts," according to the ACLU.
Remember that these "administrative detainees" are being held for alleged civil violations, and their past crimes are either exaggerated or non-existent.
The conflation of "immigrant" and "criminal" by anti-immigrant movements preceded the Trump administration by decades, of course, but the Trump-Vance campaign took mere lies to a new level, claiming outright that even legal immigrants are "illegal." On January 28, White House Press Secretary Karoline Leavitt picked up the line, saying that all undocumented immigrants are criminals. (That's not true, either.) Then Homeland Security Secretary Kristi Noem and Defense Secretary Pete Hegseth parroted the slogan that the immigration detainees sent to Guantánamo are the "worst of the worst." The phrase was popularized by former Vice President Dick Cheney in his justification for sending post-September-11 prisoners to the U.S. base in Cuba, and it was misinformation then, too.
So what is the real point of Guantánamo detentions?
In the 2004 Supreme Court arguments in Rasul v. Bush, concerning the post-9/11 detainees, attorney John Gibbons called the U.S. naval base at Guantánamo a "lawless enclave." That lawlessness had already been tested on the immigration prisoners. It's now more widely understood that the point of imprisoning Haitians—and others, including Cubans and Chinese—in offshore camps on foreign territory controlled by the U.S. was to keep them isolated from the U.S. justice system. Attorney Gibbons was referring to this lack of access to courts and due process.
ICE detention has long aspired to the lawlessness which Guantánamo makes possible. That's part of what the oft-quoted "taking the shackles off" of ICE really means, and it's why the Trump administration has ordered legal organizations to stop helping detained noncitizens within the U.S. even to understand the laws they're accused of breaking, much less to know their own rights under the law. (That order has been blocked by a federal judge for now.)
It's also worth remembering, with all the propaganda about borders and invasion, that the executive's backwards rationale for its claim to unlimited detention authority in Cuba has been that the U.S. is holding the prisoners outside U.S. borders. But Escalona v. Noem, the ACLU lawsuit, argues that the very transfer of immigration detainees from the U.S. to Cuba is illegal under U.S. immigration law. (The 1990s immigration detainees at Guantánamo had been picked up at sea, not transferred from the mainland U.S.)
At Guantánamo, as in ICE detention centers here, the lawlessness of procedure and the brutality of daily mistreatment are part of the same fabric. Isolating the detained persons—from lawyers, family, and the media—is crucial to that project. Trying to break the prisoners' isolation is therefore paramount.
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Trump Spokesperson Affirms Day 1 Plans for Nation's 'Largest Mass Deportation Operation'
"As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation," one rights advocate said.
Nov 07, 2024
President-elect Donald Trump is set to begin his promised mass deportation of undocumented immigrants as soon as he takes office on January 20, 2025, even as rights groups are mobilizing to stop him.
Trump national press secretary Karoline Leavitt toldFox News Wednesday morning that "the American people delivered a resounding victory for President Trump."
"It gives him a mandate to govern as he campaigned, to deliver on the promises that he made, which include, on Day 1, launching the largest mass deportation operation of illegal immigrants that Kamala Harris has allowed into this country," Leavitt said.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court."
Trump has pledged to conduct the largest deportation in U.S. history, with running mate and now Vice President-elect JD Vance promising 1 million deportations each year. The plan would likely rely on mobilizing federal agencies, the military, diplomats, and Republican-led states while using federal funds to pressure uncooperative states and cities into complying.
The stocks of private prison companies like GEOGroup and Core Civic rose significantly after Trump's win, and private contractors had already been discussing ahead of the election how to build enough detention space to accommodate Trump's plans.
A study released by the American Immigration Council in October found that a massive, one-time deportation program of the estimated 13.3 million migrants in the country without legal status would cost the government at least $315 billion while a 1-million-a-year approach would cost $88 billion a year for a total of $967.9 billion. It would also shrink the nation's gross domestic product by between 4.2 and 6.8%, not to mention the massive human cost to immigrant families, as around 5.1 million children who are U.S. citizens live with an undocumented family member.
The council also warned that such a program would likely threaten the well-being of all immigrants and increase vigilantism and hate crimes.
"As bad as the first Trump administration was for immigrants, we anticipate it will be much worse this time and are particularly concerned about the use of the military to round up immigrants," Lee Gelernt, a lawyer with the American Civil Liberties Union who fought the first Trump administration on family separation and other policies, toldThe Washington Post. "As always, we will go to court to challenge illegal policies, but it is equally essential that the public push back, as it did with family separation."
Exit polls show that 56% of U.S. voters favor offering immigrants already in the U.S. a pathway to citizenship, while Data for Progress found that survey respondents did not favor deportation for 7 out of 9 categories of people who might be caught up in a mass deportation scheme.
The ACLU has urged cities and states to take steps to protect their undocumented residents ahead of January 20.
"They should prepare for mass deportations because those will wreak havoc on the communities," Noreen Shah, director of government affairs at the ACLU's equality division, toldNewsweek. "It will mean kids who go to school and their parents are gone and not there to pick them up at the end of the day."
In particular, legal groups are gearing up for Trump to potentially evoke the Alien Enemies Act of 1798, which authorizes the country to deport noncitizens of a hostile nation. It has only been used three times, most recently to detain Japanese Americans during World War II.
"Many fear that a second Trump administration would seek to use this law to justify indefinite detention and remove people from the country swiftly and without judicial review," Shah told Reuters.
The Brennan Center for Justice has called on Congress to repeal the act.
"This law was shameful and dangerous back when it was created 200 years ago," the center's Marcelo Agudo wrote in October. "It's even more so today. It must be repealed or overturned."
Several other organizations pledged to continue defending immigrants and refugees after Trump declared victory.
"We have a simple message for President-elect Trump or his deputies if they decide to make good on their despicable plans: We will see you in court," Karen Tumlin, founder and director of Justice Action Center, said in a statement. "And, we have a message of love to immigrant communities, we see you, we are you, and we will stand with you."
Calling Trump's win "one of the most dangerous moments in our country's history, National Immigration Law Center president Kica Matos said the organization had led a "movement-wide effort to plan for this moment."
"Trump and his allies told us what he plans to do: mass deportations, ending birthright citizenship, ending the right to public education for immigrant children, internment camps, and using the military to hunt down immigrants. We should take him at his word," Matos said.
She continued: "One thing is certain: we cannot and will not retreat. For more than 40 years, NILC has been steadfast in our fight to defend the rights of low-income immigrants and their loved ones. We successfully fought Donald Trump before, and we will do it again."
The American Immigrant Lawyers Association (AILA) pledged to continue working for its clients.
"If implemented, the anti-immigrant policies avowed by candidate Trump will inflict lasting damage to the American economy, communities, and character," AILA Executive Director Benjamin Johnson said in a statement. "AILA and its more than 16,000 members will continue to defend the Constitution and stand against laws and policies that violate due process, undermine civil rights, or denigrate the contributions of immigrants. Our future prosperity depends on not giving up. We must stand together and work towards a brighter future."
Refugees International also promised to continue with its "shared commitment to rights and refuge for people forced from their homes."
"Amid historic levels of global displacement, the incoming Trump administration plans to enact an anti-refugee, anti-asylum agenda that will endanger millions of people—both those threatened by crises overseas and those who have been welcomed as neighbors into communities across the United States," the group's president, Jeremy Konyndyk, said in a message to supporters. "Yet we hold on to hope, even as we are clear-eyed about the daunting struggles ahead."
Knowndyk added: "As we do under any presidential administration, we will work tirelessly with all of you to defend and advance the rights, protection, and well-being of all people forced to flee their homes."
United We Dream, the largest U.S. organization led by immigrant youth, committed to building the "largest pro-immigrant movement this country has ever seen."
"Immigrant young people of United We Dream declare ourselves hopeful and clear eyed about the fight ahead," said the group's executive director Greisa Martínez Rosas. "With Trump pledging to carry out the largest deportation effort in our country's history—ctivating the military to raid our communities, schools, hospitals, and more in order to round up our people into concentration camps—young, Black, brown, and queer leaders who have been at the vanguard of our movement and of creating meaningful change are ready move mountains to protect our communities."
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