Sept. 3--WASHINGTON, D.C. – Last night, the U.S. Court of Appeals for the Fifth Circuit ruled that the Trump administration cannot use the archaic Alien Enemies Act (AEA) to deport Venezuelan immigrants without due process.
Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC) issues the following statement in response:
“We applaud the court’s decision to block the President’s abusive invocation of the Alien Enemies Act, which is rooted in outright lies around ‘migrant invasions.’ The administration has tried to use this wartime law to justify the targeting of immigrant communities nationwide in the name of national security, and we are pleased to see the court acknowledge the baselessness of this misuse of power.
“The AEA, which was originally enacted in 1798, was last used in World War II to justify the incarceration of thousands of Japanese Americans because of their race, under the pretext of national security. This period was a dark chapter of American history, and we have long advocated for it to remain in the past. Since its inappropriate invocation in March to fast-track deportations, many immigrants have been subjected to an error-prone system of racial profiling. As we have previously stated, the true intent behind invoking the AEA is stoking fear, fueling xenophobia, and normalizing authoritarianism – all of which undermine the rule of law and our values as a nation.
“However, the court’s conclusion that a mere seven days is sufficient time for detainees to bring a legal challenge falls short of the Constitution’s guarantees. As Judge Ramirez observed in her opinion concurring in part and dissenting in part, the court was presented with ‘unrebutted evidence’ that the given time frame is not enough for an ordinary person to find a lawyer and have that lawyer draft and file the relevant legal documents. All the more so given the conditions in which detainees are kept.
“Advancing Justice – AAJC urges the administration to accept the court’s ruling, provide meaningful due process to all detainees, immediately abandon its inhumane immigration policies, and end the inflammatory rhetoric of ‘alien enemies’ that fuels xenophobia against Asian Americans and all immigrant communities.”
### Asian Americans Advancing Justice – AAJC has a mission to advance the civil and human rights of Asian Americans and to build and promote a fair and equitable society for all.
