An American Civil Liberties Union (ACLU) attorney warned that “anybody can be picked up” if President Donald Trump uses the Alien Enemies Act with no judicial oversight.
Lee Gelernt spoke on CBS’ “60 Minutes” on Sunday about reports of illegal Venezuelan migrants being deported to an El Salvador prison despite allegedly having no gang ties or criminal record. This followed the Trump administration invoking the 1798 Alien Enemies Act to immediately deport violent illegal immigrants believed to be members of gangs like Tren de Aragua.
Gelernt, who is part of the ACLU’s legal challenge against the Trump administration, insisted the president does not have the right to send someone who has been deported to a prison in a different country.
“Every administration back to 1798 has understood this is wartime authority to be used when the United States is at war with a foreign government,” Gelernt said. “The administration is saying, ‘Not only are we gonna use it against a criminal organization, but you, the courts, have no role. You cannot tell us that we’re violating the law or stop us.’”
“60 Minutes” correspondent Cecilia Vega reported on other legal concerns arising from concerns that illegal immigrants without gang ties are being sent to this prison without due process.
Gelernt warned “anything is possible” if the Trump administration continues to invoke the Alien Enemies Act this way.
“There are a lot of people who might hear what you’re saying and say, these people don’t have papers. They should be deported. To that, you say what?” Vega asked.
“If they are here illegally and don’t have a right to stay, they can be deported back to their home country. If they’ve committed crimes, they can be prosecuted and perhaps spend many, many years in a U.S. prison,” Gelernt said. “It’s not a matter of, ‘Can these individuals be punished?’ It’s a matter of how the government is gonna go about doing it. Once we start using wartime authority with no oversight, anything is possible. Anybody can be picked up.”
The Trump administration said Garcia’s removal was an “administrative error” but defended the decision, alleging that Garcia has ties to MS-13.
Fox News’ Brie Stimson and Bill Mears contributed to this report.
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