Lawsuit Challenges Misuse of Historical War Power
The American Civil Liberties Union (ACLU) alongside partner organizations, launched a legal challenge on Tuesday aimed at preventing President Donald Trump from exploiting the Alien Enemies Act—a law from the 18th century typically used only during wartime—to deport individuals to a notorious prison in El Salvador known for severe human rights violations.
The ACLU, together with the New York Civil Liberties Union and the Legal Aid Society (representing affected clients), filed an urgent lawsuit in a federal court in New York. Their goal is to suspend deportations under the Alien Enemies Act (AEA) within the jurisdiction of that court.
Naming Trump, U.S. Attorney General Pam Bondi, Homeland Security Secretary Kristi Noem, Secretary of State Marco Rubio, among other officials, as defendants, the lawsuit comes after a narrow 5-4 decision by the U.S. Supreme Court on Monday. This decision overturned a lower court’s ruling that had previously blocked the deportation of Venezuelan nationals to the Terrorism Confinement Center (CECOT) in El Salvador.
Though the Supreme Court’s ruling allows the Trump administration to proceed with deportations under the 1798 AEA, it emphasized that those facing removal must receive due process rights.
In their lawsuit, the ACLU contends, “The AEA is traditionally a wartime measure, clearly intended for hostile engagements,” arguing it should not be applied to citizens of Venezuela—a nation not at war with, invading, or threatening the U.S.
Beyond deporting foreign nationals to CECOT, Trump has also hinted at the possibility of sending American citizens to the same facility at the behest of Salvadoran President Nayib Bukele, a right-wing leader expected to visit the White House soon.
This is occurring amidst broad reports of severe human rights abuses both within the mentioned facility and across El Salvador generally.
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