ACLU sues Trump administration to block Alien Enemies Act deportations

The American Civil Liberties Union (ACLU) on Tuesday sued the Trump administration on behalf of two Venezuelan migrants, in an effort to block deportations under the 1798 Alien Enemies Act (AEA).

The lawsuit is the first of its kind since the Supreme Court on Monday lifted temporary restraining orders on the act, which allowed the Trump administration to resume using the act to deport illegal migrants on suspicion of ties to a violent gang.

Trump used the war time act last month to deport illegal migrants who were allegedly members of the Venezuelan gang Tren de Aragua, and the MS-13 gang. The war power has only been used three times in the past.

“The AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: 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,” the ACLU wrote, per The Hill.

The ACLU also accused the Trump administration of failing to comply with the Supreme Court's order to provide AEA detainees with a notice before deporting them, so they can make their case against deportation in court.

“Respondents seek to move Petitioners in secret, without due process, to a prison in El Salvador known for dire conditions, torture, and other forms of physical abuse — possibly for life," the civil liberties union wrote. "This has already borne out for over 130 individuals on March 15 who have lost all contact with their attorneys, family, and the world."

The lawsuit was filed in New York, where the men are detained, after the Supreme Court ruled that Washington, D.C., does not have jurisdiction over deportation cases, unless the migrants were being detained in the district.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.