An ACLU lawyer cautioned that “anybody can be picked up” if President Donald Trump invokes the Alien Enemies Act without judicial oversight.
Lee Gelernt spoke on CBS’ “60 Minutes” about the deportation of illegal Venezuelan migrants to an El Salvador prison, despite lacking gang ties or criminal records. This action followed the administration’s use of the 1798 Alien Enemies Act to deport violent illegal immigrants associated with gangs like Tren de Aragua.
Gelernt, representing the ACLU in a legal challenge against the administration, argued that the president does not have the authority to send deportees to a foreign prison.
“Every administration since 1798 has recognized this as wartime authority to be used during conflicts with foreign governments,” Gelernt stated. “Using it against criminal organizations and rejecting judicial oversight violates the law and sets a dangerous precedent.”
“60 Minutes” correspondent Cecilia Vega reported on the legal concerns surrounding the deportation of illegal immigrants without due process.
Gelernt warned of the potential consequences if the administration continues to misuse the Alien Enemies Act.
Fox News Digital reached out to the White House for comment but did not receive an immediate response.
The Trump administration admitted mistakenly deporting Salvadoran Kilmar Abrego Garcia to an El Salvador prison despite a court ruling preventing his deportation due to gang-related threats.
The administration said Garcia’s deportation was an “administrative error” but claimed he had ties to MS-13.
Fox News’ Brie Stimson and Bill Mears contributed to this report.
