ACLU attorney blasts Trump administration's 'dangerous' use of wartime law for deportations

Diario As

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00:00I think we're on very dangerous ground here.

00:03This is as lawless an action as the administration has taken.

00:08If the administration is allowed to use wartime authorities anytime it wants to remove people,

00:14I think we are going to see more and more people being subjected to this type of alien

00:20enemies act and a blurring of wartime authority with domestic authority.

00:25I cannot stress how important it is that the federal courts prevent this from happening.

00:48So the alien enemies act was enacted in 1798, and it's a wartime authority that can only

00:55be used when the United States is in a declared war with another nation or another nation

01:01is invading our country.

01:03It cannot be used against simply a gang.

01:07And notably, it's only been used three times in our country's history, all during declared

01:12wars, the war of 1812, World War I and World War II.

01:16We are aware of no authority for applying it to a regular gang, even if the gang has

01:23infiltrated to some extent another nation's government.

01:26If this is not a foreign government, then it cannot be used.

01:46Yeah, so I think there's two parts to what's going on.

01:59The first is, even if any of the individuals are members of the gang, the law cannot be

02:04used for straight immigration purposes because the TDA is not a foreign government or nation.

02:11But beyond that, even if it were legal to invoke the alien enemies act, these individuals

02:16must be given an opportunity to show that they are not members of the gang.

02:20And what we understand is that many of the people, including our named plaintiffs, are

02:24not members of the gang.

02:26So for that reason alone, this is illegal.

02:37Yeah.

02:47We asked the court to immediately issue a temporary restraining order, stopping all

02:52removals.

02:53We do not know whether the removals that are being posted took place before the court's

02:59order or after, and we've asked the government to clarify.

03:03But if they took place after the court's order, then they would have violated the court's

03:07direction.

03:08The videos, though, do make clear that there is absolutely irreparable harm to these individuals

03:15and that the court was absolutely correct to move quickly to restrain any further removals.

03:33If anybody was turned over to a foreign government after the court's order, then we would hope

03:38that the United States government would work with that foreign government to get the individuals

03:42back.

03:43Whether the court went beyond that and issued sanctions or contempt orders will be up to

03:48the court.

04:00Fundamentally, what's going on is a separation of powers problem.

04:04The Alien Enemies Act lays out very, very specific criteria for when it can be used.

04:09The Trump administration has ignored that by applying it to a gang rather than a foreign

04:14government or nation.

04:15And on top of that, the administration is ignoring the immigration laws that Congress

04:20has passed that ensure that people can have a right to seek protection against persecution

04:25or torture.

04:26At bottom, we have the administration thumbing their nose at Congress.

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