Court's Rejection of the Alien Enemies Act is a Cautious Victory

JACL welcomes the news that came out late Tuesday night, that the U.S. Court of Appeals for the Fifth Circuit ruled against the Trump Administration’s recent use of the Alien Enemies Act (AEA). We have already spoken about the parallels of this use of the AEA with its historical counterparts, most notably its use to intern thousands of Issei, 1st generation Japanese immigrants, in the immediate aftermath of Pearl Harbor. The court's decision is a step in the right direction, but far from perfect.

While the court found that the use of the AEA in this case was unlawful, the current standard for detainees to file legal challenges was not struck down. Currently, the standard is that detainees must be given a 7-day time period in which to bring any legal challenges to their detention and possible deportation. Given the limited deadline and the conditions in which they are confined, detainees still do not have time to access the legal resources necessary to challenge their detention. As the administration will likely appeal the court's decision, we now cautiously await its appearance before the Supreme Court. We thank our partners who continue to courageously battle the improper and unconstitutional invocation of the AEA in the courts. We also remain committed to continuing the fight to repeal the AEA in Congress.

As we continue to see attacks on immigrant and POC communities, we must not allow the rule of law to fall to the wayside for the sake of “National Security.” While the name may have been different, calling it “Military Necessity” in 1942, it was these same beliefs that allowed for the unlawful internment of thousands of Issei and the subsequent incarceration of 125,000 Japanese and Japanese Americans. All those suffering injustice now at the hands of ICE, CBP, and other law enforcement agencies must be given the right to due process, which they are afforded under the Constitution.