ACLU Comment on Trump Pardon of Joe Arpaio

WASHINGTON — A federal appeals court has denied the Trump administration’s request to lift a temporary restraining order (TRO) blocking the Trump administration from deporting immigrants using the Alien Enemies Act. The 2-1 ruling stems from a lawsuit filed by the American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia. The parties were in court on Monday arguing President Trump illegally invoked the 1798 act for immigration enforcement, violating the limits in the Alien Enemies Act, and improperly attempting to bypass the procedures and protections in immigration law. The Alien Enemies Act is a centuries-old wartime authority providing that the president may — after a public proclamation — apprehend, restrain, and remove citizens of a foreign country that is engaged in a “declared war” or “invasion or predatory incursion” against the United States. The president’s use of this wartime authority for immigration enforcement is as unprecedented as it is lawless, with the Trump administration trying to deport people to overseas prisons without any judicial review or due process. The federal appeals court in Washington, D.C., today denied the administration’s request to lift the temporary restraining order against it. “The decision means that hundreds of individuals remain protected from being sent to a notorious black-hole prison in a foreign country, without any due process whatsoever — perhaps for the rest of their lives,” said Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, who argued the case. “Today's decision by the D.C. Circuit denying the Trump administration's attempt to stay the temporary restraining order issued by Judge Boasberg is an important step for due process and the protection of the American people. President Trump is bound by the laws of this nation, and those laws do not permit him to use wartime powers when the United States is not at war and has not been invaded to remove individuals from the country with no process at all,” said Skye Perryman, president and CEO of Democracy Forward. “Despite the president and administration's continued attacks on the rule of law, and the judges and lawyers sworn to protect it, and their careless disregard for court orders, it is undeniable that the legal system in this country is doing its job to protect people’s rights.” “The court’s decision is a critical reminder that no president is above the law. Misusing a centuries-old wartime statute to bypass immigration protections was not just unlawful — it was a threat to core civil liberties. This outcome is a win for fairness and the rule of law,” said Scott Michelman, legal director at the ACLU-D.C.

NEW YORK – The Southern District Court of New York ruled that the case challenging ICE’s unlawful detention of Mahmoud Khalil, a recent Columbia graduate student and lawful permanent resident, should be transferred to New Jersey. The Trump administration had sought to transfer the case to Louisiana. The judge also reaffirmed a previous ruling that blocked Mr. Khalil’s deportation in the absence of a court order. “This is a first step, but we need to continue to demand justice for Mahmoud. His unlawful and unjust detention cannot stand. We will not stop fighting until he is home with me,” said Dr. Noor Abdalla, the wife of Mahmoud Khalil. Mr. Khalil’s legal team had argued that if the court allowed this case to play out in Louisiana, it would be rewarding the Trump administration’s unlawful attempt to manipulate jurisdiction by transferring Mr. Khalil across state lines in the middle of the night. In the early morning hours after his arrest, Khalil’s attorneys filed a petition for a writ of habeas corpus alleging that ICE’s arrest and detention of Khalil on the basis of his speech and activism for Palestinian human rights violates the Due Process Clause and the First Amendment of the U.S. Constitution. Right before his habeas petition was filed, he was transferred under ICE custody to a facility in New Jersey, before being sent to Louisiana. In a letter written from the Louisiana detention center yesterday, Mahmoud Khalil shared: “In the weeks ahead, students, advocates, and elected officials must unite to defend the right to protest for Palestine. At stake are not just our voices, but the fundamental civil liberties of all. Knowing fully that this moment transcends my individual circumstances, I hope nonetheless to be free to witness the birth of my first-born child.” The case can now proceed expeditiously to two pending motions that seek Mr. Khalil’s release from custody. Today’s order states that these motions remain pending on the same schedule originally issued. Mr. Khalil’s legal team has sought his release on bail, and submitted reams of letters in support of that request and a declaration from his wife, Dr. Noor Abdalla. His lawyers are also urging the court to issue a preliminary injunction that would immediately release him from detention and block the Trump administration’s invocation of the foreign policy bar, a vague, rarely-used provision of the 1952 Immigration and Nationality Act. The foreign policy bar authorizes the government to exclude or remove noncitizens whom the U.S. secretary of state designates as foreign policy concerns. The administration is invoking the provision to revoke the visas and green cards of noncitizens who have engaged in speech in support of Palestinian rights. As the filings document, the administration is abusing the INA’s foreign policy provision to retaliate against the constitutionally protected expression of views the administration opposes. Mr. Khalil is represented by Amy Greer from Dratel & Lewis, the Center for Constitutional Rights, CLEAR, the New York Civil Liberties Union (NYCLU), the American Civil Liberties Union, and Alina Das, co-director of the Immigrant Rights Clinic at New York University (NYU) School of Law. The following are quotes from Mr. Khalil’s legal team: Samah Sisay, staff attorney at the Center for Constitutional Rights: “The government transferred Mr. Khalil to a remote private prison in Louisiana hours after his arrest and the filing of his original habeas petition – an intentional and retaliatory attempt to silence his speech in support of Palestinian rights and interfere with the jurisdiction of the New York and New Jersey Courts. Mr. Khalil should be free and home with his wife awaiting the birth of their first child, and we will continue to do everything possible to make that happen.” Brett Max Kaufman, senior staff attorney at the American Civil Liberties Union: “This is just the beginning, but it is a moment to celebrate. The court’s ruling sends a critical message to courts across the country, who are sure to face similar unprecedented challenges to their authority in the days that come, that the judiciary must not shy from its constitutional role. And no judicial role is more important than acting as a check on executive abuses the Trump administration has made the defining feature of its first 60 days. After this first step, we will eagerly and aggressively seek to get Mahmoud out, bring him home, and then defend his and others’ right to speak freely about Palestine or any other issue without fear of detention and deportation.” Ramzi Kassem, Professor of Law at the City University of New York and Co-Director of CLEAR, a legal non-profit and clinic: “The government first moved Mahmoud to Louisiana, then it tried to move his federal case there, too, hoping for better odds in court. The judge rightly rejected that approach and transferred the case to a court in the greater New York City area, close to Mahmoud’s home, where the case and, most importantly, Mahmoud himself, belong.” Donna Lieberman, executive director of the New York Civil Liberties Union: “With this decision, the Court rightfully rejected the Trump administration’s cruel ploy to move Mahmoud Khalil’s case to Louisiana. This ruling sends a message loud and clear that Trump and his MAGA cronies cannot just manipulate and abuse the judiciary as they please to suppress the speech of activists for Palestinian rights. This is an important step toward ensuring that the administration's unconstitutional practices are stopped in their tracks and that Mr. Khalil is reunited with his family in New York. We are ready to defend Mr. Khalil’s rights in New Jersey to secure his immediate release.” Amy Greer, associate attorney at Dratel + Lewis: “We are ready to fight just as hard for Mr. Khalil in the district of New Jersey. He was taken by plainclothes federal agents, transferred in the middle of the night across state lines, and has been detained for over a week now, all because of his advocacy for Palestinian freedom. We will not stop working until Mr. Khalil is home with his wife."

WASHINGTON — The American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia have filed the following document in federal court relating to the government's compliance with the court's order in J.G.G. v. Trump: Plaintiffs' Response to Defendants' Notice

Ruling Stems from Lawsuit Filed this Morning by ACLU and Democracy Forward WASHINGTON — A federal judge tonight broadened the scope of a temporary restraining order (TRO) blocking the Trump administration from removing immigrants from the United States using the Alien Enemies Act. The ruling extended the order to everyone in danger of removal under the act and granted class certification. The ruling stems from a lawsuit, J.G.G. v. Trump, filed this morning by the American Civil Liberties Union, Democracy Forward, and the ACLU of the District of Columbia challenging the president’s then-expected unlawful and unprecedented invocation of the act. The Trump administration ultimately published the president’s invocation of the act today, although it was actually signed yesterday. Earlier today, the court ordered the individual plaintiffs in this lawsuit not be removed from the United States for 14 days. A remote hearing was then held early this evening before Chief Judge James E. Boasberg, where the ACLU and Democracy Forward successfully requested preliminary certification of a class action and the expansion of the TRO to everyone detained and in danger of removal under the act. The TRO motion this evening was argued by Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project and lead counsel in this case. In addition, a hearing on the lawsuit’s merits is scheduled for March 21 in U.S. District Court in Washington, D.C. More information to follow. More information about the lawsuit filed today is here.