The Lawfare Podcast Lawfare Daily: The Litigation Challenging Pres. Trump's Alien Enemies Act, with Lee Gelernt
Sep 16, 2025
Lee Gelernt, Deputy Director of the ACLU's Immigrants' Rights Project, dives into the legal battles against President Trump's Alien Enemies Act. He discusses a significant victory in the Fifth Circuit and ongoing litigation in D.C. The conversation touches on the importance of due process and judicial oversight in executive power. Gelernt also highlights the urgency of providing legal representation to detainees amid the complex intersection of national security and personal rights.
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Press Courts To Enforce Statutory Limits
- Challenge expansive statutory interpretations that let the executive claim any harm 'contrary to the interests' as a predatory incursion.
- Emphasize statutory text and congressional limits to prevent unchecked executive authority.
Procedural Delays Undermine Habeas Rights
- Due process evolved from no review to 24-hour rejection to a seven-day rule, but seven days may be insufficient in practice.
- Practical hurdles (finding lawyers, detention access) make meaningful habeas review within seven days doubtful.
Document Practical Hurdles To Extend Deadlines
- Gather further evidence about detention practicalities to show seven days is insufficient.
- Use legal-service reports and detention-center access data to press district courts for longer deadlines.