Amicus With Dahlia Lithwick | Law, justice, and the courts The Forgotten Lawsuits Targeting Trump’s Worst Abuses
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Dec 20, 2025 
Lee Gelernt, an ACLU attorney known for his work in civil rights and immigration litigation, joins to discuss alarming legal battles following the Trump administration's treatment of migrants. He recounts the dramatic March 15 renditions, revealing how over 250 men were unlawfully sent to a notorious prison despite a court order. Gelernt explains the controversial Alien Enemies Act and its implications for democracy. The episode dives into the government's defiance, ongoing lawsuits, and the urgent need for legal accountability amidst potential abuse of power.
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Alien Enemies Act's Original Scope
- The Alien Enemies Act is an 18th-century military statute intended for wars or invasions, not peacetime criminal gangs.
- Lee Gelernt argues Trump's invocation stretches the law far beyond congressional intent.
Rushed Night Hearing And Secret Renditions
- Lee Gelernt describes rushing to court overnight after learning the administration secretly invoked the AEA on March 14–15.
- Despite a Saturday TRO, over 250 men were still handed to El Salvador and renditioned out of U.S. control.
Tattoo-Based Targeting Was Unreliable
- The government selected many men based on tattoos and a points “scorecard,” not reliable evidence of gang membership.
- Experts and case details indicate many detainees were non-gang civilians like a makeup artist and a soccer player.