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american immigration council
Legal Fight Underway as Trump Invokes Alien Enemies Act of 1798 for Deportations
"Today was a horrific day in the history of the nation," said the leader of one legal group, but "the rule of law prevailed."
Mar 15, 2025
Even before U.S. President Donald Trump on Saturday publicly revealed that he was invoking the Alien Enemies Act, legal groups took action, which led to a federal judge temporarily blocking the administration from using the 1798 law for deportations.
Chief Judge James Boasberg of the District Court for the District of Columbia issued "a classwide, nationwide temporary restraining order, blocking removal of any noncitizens in U.S. custody who are subject to today's AEA order for the next 14 days," according toLaw Dork's Chris Geidner. Earlier in the day, the judge had issued a TRO for the individual plaintiffs in this case.
Like Geidner, American Immigration Council senior fellow Aaron Reichlin-Melnick shared updates from the evening hearing on social media. He noted that the ACLU said at least two planes were en route to El Salvador and Honduras. The judge—an appointee of former President Barack Obama—ordered any planes in the air to turn around but said he could not take action for any aircraft that had landed.
With a few final matters, the hearing is now over. Great job by the ACLU and partners in getting this lawsuit filed so quickly, and on Judge Boasberg for understanding the urgency. We'll have to watch to see whether the planes are turned around in time, as at least one is in the air now.
— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) March 15, 2025 at 6:54 PM
The national and D.C. arms of the ACLU launched the lawsuit with Democracy Forward, whose president and CEO, Skye Perryman, stressed early Saturday that "the United States is not at war, nor has it been invaded. The president's anticipated invocation of wartime authority—which is not needed to conduct lawful immigration enforcement operations—is the latest step in an accelerating authoritarian playbook."
"From improperly apprehending American citizens, to violating the ability of communities to peacefully worship, to now improperly trying to invoke a law that is responsible for some of our nation's most shameful actions, this administration's immigration agenda is as lawless as it is harmful," Perryman added. The AEA was most recently used during World War II to force thousands of people of mostly German, Italian, and Japanese descent into internment camps.
Lee Gelernt, lead counsel and deputy director of the ACLU's Immigrants' Rights Project, called Trump's move "as unprecedented as it is lawless," and said that "it may be the administration's most extreme measure yet, and that is saying a lot."
After the initial TRO, Perryman said that "yet again, the judicial system is essential to protect our democracy. We collaborated through the night with our co-counsel to ensure that the president could not invoke wartime powers to deal with his policy challenges. We are gratified to see the judge's decision and will work on the next stages to ensure those impacted by this dangerous move to invoke wartime powers when the nation is not at war—and has not been invaded—are protected."
After the president’s unlawful and unprecedented invocation of the Alien Enemies Act, a judge issued a nationwide temporary restraining order in Democracy Forward's case with our partners at @aclu.org & @aclu-dc.bsky.social. Full statement to follow.
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— Democracy Forward (@democracyforward.org) March 15, 2025 at 8:12 PM
Following Boasberg's final decision Saturday, the broader TRO, Perryman declared that "today was a horrific day in the history of the nation," but "the rule of law prevailed."
The legal battle stems from an effort to deport five Venezuelans accused of being involved with the gang Tren de Aragua (TdA), but based on Trump's comments on the campaign trail—and his recent designation of multiple cartels as terrorist groups—the president is expected to seek a wider use of the AEA to deliver on his promised mass deportations.
Trump's proclamation, dated Friday but released Saturday, says TdA "is a designated foreign terrorist organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States. TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking."
"TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime's goal of destabilizing democratic nations in the Americas, including the United States," Trump said. "I proclaim that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as alien enemies."
It is noteworthy that Trump's EO invoking the Alien Enemy Act to deport certain Venezuelans without recourse to the protections of immigration law was signed on March 14, but not made public until today (March 15). In other words, they started the organizing these deportations by secret order.
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— Gabriel Malor (@gabrielmalor.bsky.social) March 15, 2025 at 6:51 PM
The legal fight is far from over. The next hearing before Boasberg is scheduled for Friday afternoon. The groups behind the lawsuit were not alone in sounding the alarm about Trump's invocation of the 18th-century law.
FWD.us president Todd Schulte said in a statement that "the Alien Enemies Act was last used to incarcerate 120,000 Japanese-Americans and tens of thousands of others during World War II. Its use was a mistake and a tragedy."
"There should be no effort to invoke this law today or in the future—against anyone, no matter their immigration status, be they an adult or child, as is proposed in today's declaration," he asserted. "Actions like this have no place in the immigration system or country we should seek to build."
Allison McManus, managing director for national security and foreign policy at the Center for American Progress, said that "invoking the Alien Enemies Act is a dangerous abuse of power intended to deprive people of their legal rights. This announcement comes just one day after the president threatened to use the Department of Justice against his critics, raising the likelihood that these powers will be exploited and put the safety of any American who speaks out against this administration at risk."
McManus added that "every American, regardless of their politics, should be concerned that the president is granting himself powers last invoked to detain thousands of Japanese Americans in internment camps during World War II—one of the most shameful times in U.S. history."
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'Corruption in Plain Sight': AOC Warns Laken Riley Act a Boon to Private Prison Industry
"Look at what members of Congress are invested in private prison companies," said Ocasio-Cortez.
Jan 22, 2025
"It's corruption in plain sight."
That's how U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) described congressional colleagues who support Republican-authored legislation that immigrant rights advocates warn is a right-wing power grab under the guise of public safety.
The Laken Riley Act—named after a young woman murdered last year by a Venezuelan man who, according to U.S. Immigration and Customs Enforcement (ICE), entered the United States illegally—was passed by a vote of 263-156 in the House of Representatives on Wednesday afternoon. Forty-six Democrats and every Republican present voted "yes." That was a near-identical tally to the 264-159 vote on a previous version of the bill passed earlier this month.
Senate lawmakers passed the bill on Monday, with 12 Democrats joining 52 Republicans in voting for the measure, which, among other things, expands mandatory federal detention of undocumented immigrants who are accused of even relatively minor crimes. With the House's Wednesday vote, the Laken Riley Act is set to be the first bill signed into law since President Donald Trump returned to office.
Speaking on the House floor on Wednesday, Ocasio-Cortez said:
I want the American people to know, with eyes wide open, what is inside this bill because we stand here just two days after President Trump gave unconditional pardons to violent criminals who attacked our nation's Capitol on January 6th, and these are the people who want you to believe, who want us to believe that they're trying to quote unquote "keep criminals off the streets," when they are opening the floodgates...
In this bill, if a person is so much as accused of a crime, if someone wants to point a finger and accuse someone of shoplifting, they will be rounded up and put into a private detention camp and... sent out for deportation without a day in court, without a moment to assert their right, and without a moment to assert the privilege of innocent until proven guilty without being found guilty of a crime they will be rounded up, that is what is inside this bill, a fundamental suspension of a core American value, and that is why I rise to oppose it.
"You may wonder why so many of our friends across the aisle who care so deeply about the rule of law happen to be so desperate to pass this bill," Ocasio-Cortez continued. "Look no further than the price tag of this bill, $83 billion. [Lawmakers] know that it can't be paid for. They know that the capacity is not there, and you know what will be there? Private prison companies are going to get flooded with money."
"Look at what members of Congress are invested in private prison companies who receive this kind of money and look at the votes on this bill," she added. "It is atrocious that people are lining their pockets with private prison profits in the name of a horrific tragedy and the victim of a crime. It is shameful. It is absolutely shameful."
The congresswoman's comments came two days after Trump reversed a 2021 executive order issued by former Democratic President Joe Biden meant to phase out U.S. Department of Justice contracts with private prisons. Despite Biden's order, more than 90% of people held by ICE in July 2023 were locked up in for-profit facilities, which are rife with serious human rights abuses, according to the ACLU and other advocacy groups.
Anthony Enriquez, vice president of U.S. advocacy and litigation at Robert F. Kennedy Human Rights and Hill opinion contributor, recently called the Laken Riley Act "a sweetheart deal for the private prison industry."
"Private prison executives look poised to pull off a multibillion-dollar cash grab at taxpayer expense via a cynical ploy to capitalize on the tragic death of a Georgia nursing student," he warned.
Shares in private prison stocks, which had been languishing for much of 2024, have soared since Trump's victory in November, with GeoGroup surging more than 127% since Election Day and competitor CoreCivic up over 63%.
Responding to reporting that ICE is preparing to more than double its detention capacity by opening 18 new facilities, American Immigration Council senior fellow Aaron Reichlin-Melnick said on social media Wednesday: "That would likely mean tens of billions in taxpayer funds sent to private prison companies. They are salivating."
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Congressional Report Calls Trump Deportation Plan 'Catastrophic' for Economy
"All it will do is raise grocery prices, destroy jobs, and shrink the economy," JEC Chair Martin Heinrich said of the president-elect's plan to deport millions of immigrants.
Dec 12, 2024
Echoing recent warnings from economists, business leaders, news reporting, and immigrant rights groups, Democrats on the congressional Joint Economic Committee detailed Thursday how President-elect Donald Trump's planned mass deportations "would deliver a catastrophic blow to the U.S. economy."
"Though the U.S. immigration system remains broken, immigrants are crucial to growing the labor force and supporting economic output," states the new report from JEC Democrats. "Immigrants have helped expand the labor supply, pay nearly $580 billion a year in taxes, possess a spending power of $1.6 trillion a year, and just last year contributed close to $50 billion each in personal income and consumer spending."
There are an estimated 11.7 million undocumented immigrants in the United States, and Trump—who is set to be sworn in next month—has even suggested he would deport children who are American citizens with their parents who are not and attempt to end birthright citizenship.
Citing recent research by the American Immigration Council and the Peterson Institute for International Economics, the JEC report warns that depending on how many immigrants are forced out of the country, Trump's deportations could:
- Reduce real gross domestic product (GDP) by as much as 7.4% by 2028;
- Reduce the supply of workers for key industries, including by up to 225,000 workers in agriculture and 1.5 million workers in construction;
- Push prices up to 9.1% higher by 2028; and
- Cost 44,000 U.S.-born workers their jobs for every half a million immigrants who are removed from the labor force.
Highlighting how mass deportations would harm not only undocumented immigrants but also U.S. citizens, the report explains that construction worker losses would "make housing even harder to build, raising its cost," and "reduce the supply of farmworkers who keep Americans fed as well as the supply of home health aides at a time when more Americans are aging and requiring assistance."
In addition to reducing home care labor, Trump's deportation plan would specifically harm seniors by reducing money for key government benefits that only serve U.S. citizens. The report references estimates that it "would cut $23 billion in funds for Social Security and $6 billion from Medicare each year because these workers would no longer pay into these programs."
Sen. Martin Heinrich (D-N.M.), who chairs the JEC, said Thursday that "as a son of an immigrant, I know how hard immigrants work, how much they believe in this country, and how much they're willing to give back. They are the backbone of our economy and the driving force behind our nation's growth and prosperity."
"Trump's plan to deport millions of immigrants does absolutely nothing to address the core problems driving our broken immigration system," Heinrich stressed. "Instead, all it will do is raise grocery prices, destroy jobs, and shrink the economy. His immigration policy is reckless and would cause irreparable harm to our economy."
Along with laying out the economic toll of Trump's promised deportations, the JEC report makes the case that "providing a pathway to citizenship is good economics. Immigrants are helping meet labor demand while also demonstrating that more legal pathways to working in the United States are needed to meet this demand."
"Additionally, research shows that expanding legal immigration pathways can reduce irregular border crossings, leading to more secure and regulated borders," the publication says. "This approach is vital for managing increased migration to the United States, especially as more people flee their home countries due to the continued risk of violence, persecution, economic conditions, natural disasters, and climate change."
The JEC report followed a Senate Judiciary Committee hearing on Tuesday that explored how mass deportations would not only devastate the U.S. economy but also harm the armed forces and tear apart American families.
In a statement, Vanessa Cárdenas, executive director of the advocacy group America's Voice, thanked Senate Judiciary Committee Chair Dick Durbin (D-Ill.) "for calling this important discussion together and shining a spotlight on the potential damage."
Cárdenas pointed out that her group has spent months warning about how Trump's plan would "cripple communities and spike inflation," plus cause "tremendous human suffering as American citizens are ripped from their families, as parents are separated from their children, or as American citizens are deported by their own government."
"Trump and his allies have said it will be 'bloody,' that 'nobody is off the table,' and that 'you have to send them all back,'" she noted, arguing that the Republican plan will "set us back on both border control and public safety."
Cárdenas concluded that "America needs a serious immigration reform proposal—with pathways to legal status and controlled and orderly legal immigration—which recognize[s] immigrants are essential for America's future."
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