A New York federal court issued a preliminary injunction preventing the enforcement of removals under the Alien Enemies Act, declared unconstitutional due to the absence of war or invasion. The ruling emerges from a lawsuit by the ACLU and allied organizations, emphasizing the presidential misuse of wartime authority for deportations. The court criticized insufficient government notice protocols and affirmed constitutional rights for asylum seekers. Legal representatives commended the decision as a significant reinforcement of due process against unwarranted deportations to perilous conditions.
The court joined several others in correctly recognizing the president cannot simply declare that there's been an invasion and then invoke a wartime authority during peacetime to send individuals to a Gulag-type prison in El Salvador without even giving them due process.
This ruling rightly affirms our class members' constitutional rights to due process and rebukes Trump's reckless invocation of a 1700s-era wartime law to deport people to a horrific, hellhole prison in El Salvador.
The court rightly affirmed that the government cannot use an archaic wartime statute, in the absence of war, to sidestep due process and summarily deport asylum seekers who are lawfully seeking protection.
This decision is a powerful affirmation of our clients' fundamental right to due process.
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