In The Courts

The American Civil Liberties Union, Southern Poverty Law Center, and Center for Gender & Refugee Studies filed a federal lawsuit challenging the Trump administration’s new policy forcing asylum seekers to return to Mexico and remain there while their cases are considered.

In February 2019, the ACLU filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. The lawsuit argues that the president is usurping Congress’s appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution. On January 20, 2021, President Biden halted further border wall construction. Litigation in this and subsequent related challenges has been paused or deadlines extended while the ACLU’s clients and the Biden administration determine next steps.

Whether immigrants are entitled to seek judicial review of their “expedited removal” orders in federal court.

The American Civil Liberties Union and other partner organizations filed a federal lawsuit challenging President Trump’s Muslim ban executive order, charging it violates the Constitution — including the First Amendment’s prohibition of government establishment of religion and the Fifth Amendment’s guarantees of equal treatment under the law — and federal laws.

Whether the government can require that certain people are detained for the duration of their deportation proceedings — without a hearing — because they have past criminal records.

UPDATE 5/25/18: The Department of Homeland Security has agreed to renew Jessica Colotl’s Deferred Action for Childhood Arrivals (DACA) and work permit to resolve a lawsuit brought by the American Civil Liberties Union, the ACLU of Georgia, and Kuck Baxter Immigration in May 2017 against DHS for arbitrarily terminating Jessica’s DACA and rejecting her renewal application.

The American Civil Liberties Union and the ACLU of Indiana, on behalf of Exodus Refugee Immigration, filed suit against Governor Mike Pence and the secretary of the Indiana Family and Social Services Administration to stop attempts to suspend resettlement of Syrian refugees, claiming the governor’s actions violate the United States Constitution and federal law.