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"If genuine steps are taken to remove U.S. citizens convicted of crimes to prisons in El Salvador," said one legal expert, "this removal would violate not only U.S. law but the U.S. Constitution."
President Donald Trump on Friday morning said anyone caught vandalizing Tesla cars or dealerships would be sent to the notoriously violent prisons of El Salvador for a 20-year sentence, a threat characterized by critics as "delusional" as well as overtly unlawful.
"People that get caught sabotaging Teslas will stand a very good chance of going to jail for up to twenty years, and that includes the funders," Trump stated overnight, adding in all caps: "WE ARE LOOKING FOR YOU!!!"
Several hours later, Trump took up the issue again on his TruthSocial platform, saying: "I look forward to watching the sick terrorist thugs get 20-year jail sentences for what they are doing to Elon Musk and Tesla. Perhaps they could serve them in the prisons of El Salvador, which have become so recently famous for such lovely conditions!"
"The migrant detentions there are the dry run. He wants to ship U.S. prisoners to El Salvador. We cannot sleepwalk through this."
Civil rights attorney Sherrilyn Ifill said the threat, which follows on Trump's highly controversial deportation of alleged gang members to El Salvador last week, should not be taken lightly.
"Remember that this is where his discussions with El Salvador began," said Ifill in response to Trump's rantings on Friday. "The migrant detentions there are the dry run. He wants to ship U.S. prisoners to El Salvador. We cannot sleepwalk through this."
The #TeslaTakedown movement has gained steam over recent weeks, with people nationwide angered by Elon Musk's wholesale assault on cherished government agencies and programs. The world's richest man, Musk, has been empowered by Trump to spearhead his invented Department of Government Efficiency, or DOGE.
As Axios reports, in response to the popular anger directed at Tesla, "Trump has put the full weight of the U.S. government behind defending and promoting 'first buddy' Elon Musk's car company, which has seen both its sales and stock price slump."
On Thursday, Attorney General Pam Bondi touted the arrests of three people for alleged acts of vandalism against Tesla, saying, "Let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars."
Sending U.S. citizens to a foreign country for imprisonment—even if duly convicted of a crime—is not just insane but would be grossly unconstitutional, as Lauren-Brooke Eisen, a former prosecutor and currently the senior director of the Brennan Center's Justice Program, recently explained.
"It is illegal to expatriate U.S. citizens for a crime," Eisen wrote earlier this month in response to previous threats from the Trump administration to deport people to El Salvador for alleged crimes committed in the United States. "There is no modern precedent for sending U.S. citizens who are convicted of crimes to other countries for punishment, or 'banishment' as it has been formerly called and practiced."
Eisen concluded that it remained "unclear whether the Trump administration is still researching the 'legality' of this proposal or thinking through this scenario with any seriousness. But if genuine steps are taken to remove U.S. citizens convicted of crimes to prisons in El Salvador, this removal would violate not only U.S. law but the U.S. Constitution."
"Today was a horrific day in the history of the nation," said the leader of one legal group, but "the rule of law prevailed."
Even before U.S. President Donald Trump on Saturday publicly revealed that he was invoking the Alien Enemies Act, legal groups took action, which led to a federal judge temporarily blocking the administration from using the 1798 law for deportations.
Chief Judge James Boasberg of the District Court for the District of Columbia issued "a classwide, nationwide temporary restraining order, blocking removal of any noncitizens in U.S. custody who are subject to today's AEA order for the next 14 days," according toLaw Dork's Chris Geidner. Earlier in the day, the judge had issued a TRO for the individual plaintiffs in this case.
Like Geidner, American Immigration Council senior fellow Aaron Reichlin-Melnick shared updates from the evening hearing on social media. He noted that the ACLU said at least two planes were en route to El Salvador and Honduras. The judge—an appointee of former President Barack Obama—ordered any planes in the air to turn around but said he could not take action for any aircraft that had landed.
With a few final matters, the hearing is now over. Great job by the ACLU and partners in getting this lawsuit filed so quickly, and on Judge Boasberg for understanding the urgency. We'll have to watch to see whether the planes are turned around in time, as at least one is in the air now.
— Aaron Reichlin-Melnick (@reichlinmelnick.bsky.social) March 15, 2025 at 6:54 PM
The national and D.C. arms of the ACLU launched the lawsuit with Democracy Forward, whose president and CEO, Skye Perryman, stressed early Saturday that "the United States is not at war, nor has it been invaded. The president's anticipated invocation of wartime authority—which is not needed to conduct lawful immigration enforcement operations—is the latest step in an accelerating authoritarian playbook."
"From improperly apprehending American citizens, to violating the ability of communities to peacefully worship, to now improperly trying to invoke a law that is responsible for some of our nation's most shameful actions, this administration's immigration agenda is as lawless as it is harmful," Perryman added. The AEA was most recently used during World War II to force thousands of people of mostly German, Italian, and Japanese descent into internment camps.
Lee Gelernt, lead counsel and deputy director of the ACLU's Immigrants' Rights Project, called Trump's move "as unprecedented as it is lawless," and said that "it may be the administration's most extreme measure yet, and that is saying a lot."
After the initial TRO, Perryman said that "yet again, the judicial system is essential to protect our democracy. We collaborated through the night with our co-counsel to ensure that the president could not invoke wartime powers to deal with his policy challenges. We are gratified to see the judge's decision and will work on the next stages to ensure those impacted by this dangerous move to invoke wartime powers when the nation is not at war—and has not been invaded—are protected."
After the president’s unlawful and unprecedented invocation of the Alien Enemies Act, a judge issued a nationwide temporary restraining order in Democracy Forward's case with our partners at @aclu.org & @aclu-dc.bsky.social. Full statement to follow.
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— Democracy Forward (@democracyforward.org) March 15, 2025 at 8:12 PM
Following Boasberg's final decision Saturday, the broader TRO, Perryman declared that "today was a horrific day in the history of the nation," but "the rule of law prevailed."
The legal battle stems from an effort to deport five Venezuelans accused of being involved with the gang Tren de Aragua (TdA), but based on Trump's comments on the campaign trail—and his recent designation of multiple cartels as terrorist groups—the president is expected to seek a wider use of the AEA to deliver on his promised mass deportations.
Trump's proclamation, dated Friday but released Saturday, says TdA "is a designated foreign terrorist organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States. TdA operates in conjunction with Cártel de los Soles, the Nicolas Maduro regime-sponsored, narco-terrorism enterprise based in Venezuela, and commits brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking."
"TdA has engaged in and continues to engage in mass illegal migration to the United States to further its objectives of harming United States citizens, undermining public safety, and supporting the Maduro regime's goal of destabilizing democratic nations in the Americas, including the United States," Trump said. "I proclaim that all Venezuelan citizens 14 years of age or older who are members of TdA, are within the United States, and are not actually naturalized or lawful permanent residents of the United States are liable to be apprehended, restrained, secured, and removed as alien enemies."
It is noteworthy that Trump's EO invoking the Alien Enemy Act to deport certain Venezuelans without recourse to the protections of immigration law was signed on March 14, but not made public until today (March 15). In other words, they started the organizing these deportations by secret order.
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— Gabriel Malor (@gabrielmalor.bsky.social) March 15, 2025 at 6:51 PM
The legal fight is far from over. The next hearing before Boasberg is scheduled for Friday afternoon. The groups behind the lawsuit were not alone in sounding the alarm about Trump's invocation of the 18th-century law.
FWD.us president Todd Schulte said in a statement that "the Alien Enemies Act was last used to incarcerate 120,000 Japanese-Americans and tens of thousands of others during World War II. Its use was a mistake and a tragedy."
"There should be no effort to invoke this law today or in the future—against anyone, no matter their immigration status, be they an adult or child, as is proposed in today's declaration," he asserted. "Actions like this have no place in the immigration system or country we should seek to build."
Allison McManus, managing director for national security and foreign policy at the Center for American Progress, said that "invoking the Alien Enemies Act is a dangerous abuse of power intended to deprive people of their legal rights. This announcement comes just one day after the president threatened to use the Department of Justice against his critics, raising the likelihood that these powers will be exploited and put the safety of any American who speaks out against this administration at risk."
McManus added that "every American, regardless of their politics, should be concerned that the president is granting himself powers last invoked to detain thousands of Japanese Americans in internment camps during World War II—one of the most shameful times in U.S. history."
"It's increasingly clear that we're entering a modern McCarthy moment," said the head of the ACLU.
U.S. President Donald Trump's campaign-like speech at the Department of Justice on Friday sparked a fresh wave of alarm over the Republican's attacks on his critics, disrespect for the rule of law, and plans for his second term.
Trump—who was convicted of 34 felonies in New York before returning to the White House—slammed his perceived opponents as "scum" and "thugs," called efforts to hold him accountable for alleged criminal activity "bullshit," and declared: "We will expel the rogue actors and corrupt forces from our government. We will expose... their egregious crimes and severe misconduct."
Trump's appearance with U.S. Attorney General Pam Bondi and props promoting drug enforcement displayed his intent to remake the federal judiciary and fueled speculation that he will appoint Florida-based District Judge Aileen Cannon, who dismissed the classified documents case against him, to the nation's Supreme Court.
"Some of the most hallowed halls of justice in America were disgraced by the president of the United States, who has inappropriately installed his personal lawyers and other loyalists into leadership roles at the Department of Justice," said Lena Zwarensteyn, senior director of the fair courts program and an adviser at the Leadership Conference on Civil and Human Rights.
"This reinforces what we knew: The independence of the department has been compromised. During his remarks, the president sought to undermine faith in our judicial system, attacked lawyers who support due process and the rule of law, and made it clear that he expects the attorney general and other leaders to use the full force and resources of the Justice Department to roll back our civil and human rights, target his enemies, and operationalize a worldview that perpetuates white supremacy," she said. "The anti-immigrant rhetoric that both he and the attorney general used was reprehensible and unacceptable."
Zwarensteyn stressed that "in our democracy, Justice Department lawyers—including the attorney general—are the people's lawyers, not the president's lawyers, and they have a sacred duty to enforce our nation's laws without prejudice and with an eye toward justice. The DOJ must be seen by the public—every member, from every community—as fair and independent arbiters of our legal system. Today's appearance at the DOJ by the president, during which he thanked and called out his appointees and personal lawyers, will further tarnish the public's trust of the department and undermine our democracy."
"This cannot be the way that the DOJ—the nation's signature agency for the enforcement of our federal civil rights laws—functions moving forward. We need a DOJ that is working for the people, not the president, and we demand better of our federal government and its leaders," she concluded, calling on the Senate to reject his nomination of Harmeet Dhillon to a key department post.
One of Trump's targets during the speech was Norm Eisen, who was involved with the president's first impeachment and previously served as White House special counsel for ethics and government reform, U.S. ambassador to the Czech Republic, and board chair of the watchdog Citizens for Responsibility and Ethics in Washington (CREW).
Eisen responded with a video on social media, highlighting his work with State Democracy Defenders Action, which he co-founded.
ACLU executive director Anthony Romero said in a statement that "Ambassador Norman Eisen is a great American patriot, with an extraordinary career in public service. He has served the American people for decades inside and outside of government. He has worked to defend democracy at home and abroad."
"It is a sad day when the president of the United States personally attacks an individual of such character," Romero continued. "When charitable organizations like CREW, the ACLU, and others sue the federal government to uphold the law, we are playing a vital role in upholding American values."
The ACLU leader also warned that "it's increasingly clear that we're entering a modern McCarthy moment. When the government is targeting a former ambassador, a legal permanent resident, law firms, and even universities and treating them like enemies of the state, it is a dark day for American democracy."
Since Trump returned to power in January, his administration has not only empowered billionaire Elon Musk to dismantle the federal government but also targeted news outlets, student protesters, and education institutions while signaling a willingness to ignore court orders—fueling calls for Congress to hit him with a historic third impeachment.