In October 2017, the Trump administration secretly adopted rules governing the use of lethal force in drone strikes and other killings abroad. These rules, known as the “Principles, Standards, and Procedures,” reportedly loosen Obama-era safeguards against civilian casualties outside “areas of active hostilities.” On October 30, 2017, the ACLU filed a request under the Freedom of Information Act seeking public disclosure of these new rules. When the government failed to release them, we filed a lawsuit on December 21, 2017, to force their disclosure. The government responded by refusing even to acknowledge that the new rules exist. We challenged this unjustifiable secrecy—and on September 29, 2020, a federal court ordered that the government cannot keep the existence of its new killing rules a secret. Our fight to expose the contents of the rules goes on.

In June 2017, the ACLU filed a lawsuit on behalf of a family of U.S. citizens — including four young children — who were detained for over 10 hours at the U.S.-Canada border while coming home from a trip to visit relatives. Our clients obtained a settlement reinforcing that rights exist at the border, and also that CBP must be held accountable for violating those rights.

The American Civil Liberties Union and Covington & Burling LLP filed a federal lawsuit on behalf of nine passengers on a domestic Delta Air Lines flight who were subjected to suspicionless detention and identification checks. The case was settled in July 2019, with the government agreeing to measures that would prevent such unlawful detention and identification checks from happening again.

In March 2015, the ACLU filed a Freedom of Information Act lawsuit demanding information about the government’s targeted-killing program, including the Obama administration’s Presidential Policy Guidance (PPG) under which the program operates. In a crucial victory, the government released a redacted version of the PPG and four other documents. Many other documents were kept secret, however, and the ACLU continues to seek additional records through additional FOIA requests and litigation concerning the specific legal standards the government invokes when using lethal force abroad, and how they apply in practice.