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human rights watch
Federal Judge Rules Trump Deportations Under Alien Enemies Act 'Unlawful'
Also Thursday, Human Rights Watch released a report calling on Congress to repeal the wartime authority, the statute invoked by the U.S. President Donald Trump in March to deport over 130 Venezuelan nationals.
May 01, 2025
A federal judge ruled on Thursday that U.S. President Donald Trump has illegally invoked the Alien Enemies Act and barred further deportations under the statute, a centuries-old wartime authority used to justify the deportation of over 130 Venezuelan nationals in March to a megaprison in El Salvador.
"The court concludes that the president's invocation of the AEA through the proclamation exceeds the scope of the statute and, as a result, is unlawful," according to U.S. District Judge Fernando Rodriguez, Jr., a Trump appointee.
The judicial rebuke comes the same day that the group Human Rights Watch issued a report making the case that the Alien Enemies Act (AEA) is "entirely incompatible" with modern international law that constrains the United States with respect to human rights, and therefore should be repealed.
The report from Human Rights Watch, titled United States: Repeal the Alien Enemies Act, A Human Rights Argument, explains that the AEA was codified in 1798 and gives the president authority to detain and expel noncitizens who are nationals of a foreign country considered hostile.
The president can draw on these powers when there is a "declared war" between the U.S. and a foreign power, or when an "invasion or predatory incursion is perpetrated, attempted, or threatened" against the U.S. by a foreign nation.
When invoking the AEA, Trump accused the Venezuelan gang Tren de Aragua (TdA) of "perpetrating, attempting, and threatening an invasion or predatory incursion" in the U.S., and said that the men targeted for deportation under the AEA have ties to TdA—though available reporting also casts doubt on this assertion.
The judge in his ruling on Thursday said that the government's evidence that TdA's presence in the U.S. constitutes an "invasion" or "predatory incursion" as characterized by the AEA fell short.
The American Civil Liberties Union cheered the court's decision. ACLU attorney Lee Gelernt said in a statement on Thursday: "The court ruled the president can't unilaterally declare an invasion of the United States and invoke a wartime authority during peacetime."
While the ruling is likely also welcome to Human Rights Watch, which has already spoken out against the administration's use of AEA, in their latest report the group argues that the law should be outright repealed.
"Congress has an important role in challenging the Trump administration's use of this outdated law to supercharge its mass deportation machine," said Akshaya Kumar, crisis advocacy director at Human Rights Watch and lead author of the report, in a statement on Thursday, prior to the release of Thursday's court ruling.
Since 2020, Sen. Mazie Hirono (D-Hawaii) and Rep. Ilhan Omar (D-Minn.) have repeatedly introduced the "Neighbors Not Enemies Act," which would repeal the Alien Enemies Act. The duo reintroduced it again on January 22, days after U.S. President Donald Trump returned to the White House. The report recommends immediate debate and consideration of the Neighbors Not Enemies Act of 2025. With Republican majorities in both chambers, passage of the Neighbors Not Enemies Act is highly unlikely.
The report argues that the United States is not engaged in any war or armed conflict that is relevant to the administration's current use of the AEA, and that the law "was drafted, and has always been applied and interpreted, in a manner that is adversarial to modern-day international human rights law frameworks and the laws of war."
The U.S. is a part of multiple human rights treaties that compel the government to ensure respect for rights like due process, and protection from removal from the U.S. to countries where a person would likely face persecution or torture, according to the report.
For example, in 1994 the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) was ratified by the U.S. with the understanding the treaty "was not self-executing and required implementing legislation to be enforced by U.S. courts," according to a 2009 Congressional Research Service report.
The U.S. did enact statutes and regulations to prohibit the transfer of people to countries where they may be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998.
According to Human Rights Watch, CAT prohibits "the U.S. from expelling, returning, or extraditing any person to a state where there are 'substantial grounds' for believing that he would be in danger of being subject to torture.'"
In Thursday's court ruling, the judge noted the petitioners had invoked this protection under CAT as one of their legal arguments, but the court concluded that it does "not possess jurisdiction to consider petitioners' challenges" to Trump's AEA executive order based on CAT.
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Not Just for the Battlefield: Rights Group Warns of Dystopian World Where Killer Robots Reign
"To avoid a future of automated killing, governments should seize every opportunity to work toward the goal of adopting a global treaty on autonomous weapons systems," according to the author of the report.
Apr 28, 2025
In a report published Monday, a leading human rights group calls for international political action to prohibit and regulate so-called "killer robots"—autonomous weapons systems that select targets based on inputs from sensors rather than from humans—and examines them in the context of six core principles in international human rights law.
In some cases, the report argues, an autonomous weapons system may simply be incompatible with a given human rights principle or obligation.
The report, co-published by Human Rights Watch and Harvard Law School's International Human Rights Clinic, comes just ahead of the first United Nations General Assembly meeting on autonomous weapons systems next month. Back in 2017, dozens of artificial intelligence and robotics experts published a letter urging the U.N. to ban the development and use of killer robots. As drone warfare has grown, those calls have continued.
"To avoid a future of automated killing, governments should seize every opportunity to work toward the goal of adopting a global treaty on autonomous weapons systems," said the author behind the report, Bonnie Docherty, a senior arms adviser at Human Rights Watch and a lecturer on law at Harvard Law School's International Human Rights Clinic, in a statement on Monday.
According to the report, which includes recommendations on a potential international treaty, the call for negotiations to adopt "a legally binding instrument to prohibit and regulate autonomous weapons systems" is supported by at least 129 countries.
Drones relying on an autonomous targeting system have been used by Ukraine to hit Russian targets during the war between the two countries, The New York Timesreported last year.
In 2023, the Pentagon announced a program, known as the Replicator initiative, which involves a push to build thousands of autonomous drones. The program is part of the U.S. Defense Department's plan to counter China. In November, the watchdog group Public Citizen alleged that Pentagon officials have not been clear about whether the drones in the Replicator project would be used to kill.
A senior Navy admiral recently toldBloomberg that the program is "alive and well" under the Department of Defense's new leadership following U.S. President Donald Trump's return to the White House.
Docherty warned that the impact of killer robots will stretch beyond the traditional battlefield. "The use of autonomous weapons systems will not be limited to war, but will extend to law enforcement operations, border control, and other circumstances, raising serious concerns under international human rights law," she said in the statement
When it comes to the right to peaceful assembly under human rights law, which is important in the context of law enforcement exercising use force, "autonomous weapons systems would be incompatible with this right," according to the report.
Killer robots pose a threat to peaceful assembly because they "would lack human judgment and could not be pre-programmed or trained to address every situation," meaning they "would find it challenging to draw the line between peaceful and violent protesters."
Also, "the use or threat of use of autonomous weapons systems, especially in the hands of abusive governments, could strike fear among protesters and thus cause a chilling effect on free expression and peaceful assembly," per the report.
Killer robots would also contravene the principle of human dignity, according to the report, which establishes that all humans have inherent worth that is "universal and inviolable."
"The dignity critique is not focused on the systems generating the wrong outcomes," the report states. "Even if autonomous weapons systems could feasibly make no errors in outcomes—something that is extremely unlikely—the human dignity concerns remain, necessitating prohibitions and regulations of such systems."
"Autonomous weapon systems cannot be programmed to give value to human life, do not possess emotions like compassion that can generate restraint to violence, and would rely on processes that dehumanize individuals by making life-and-death decisions based on software and data points," Docherty added.
In total, the report considers the right to life; the right to peaceful assembly; the principle of human dignity; the principle of nondiscrimination; the right to privacy; and the right to remedy.
The report also lists cases where it's more ambiguous whether autonomous weapons systems would violate a certain right.
The right to privacy, for example, protects individuals from "arbitrary or unlawful" interferences in their personal life. According to the report, "The development and use of autonomous weapons systems could violate the right because, if they or any of their component systems are based on AI technology, their development, testing, training, and use would likely require mass surveillance."
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Rights Groups to UN: Trump Tactics Bear 'Hallmarks of Fascist Regimes'
"The human rights violations described in the report make clear that the U.S. is in an authoritarian political reality."
Apr 24, 2025
A coalition of human rights organizations on Wednesday submitted a report to the United Nations warning that U.S. President Donald Trump's far-right administration is exploiting a decades-long erosion of American democracy to consolidate power and undercut basic freedoms.
The report—crafted by the Center for Constitutional Rights, Muslim Advocates, and other organizations—argues that a "central feature" of the Trump administration's intensifying repression of dissent "is a metastasizing 'terrorism' framework that escalated in the aftermath of September 11th."
The report points to the administration's invocation of the 1798 Alien Enemies Act to deport immigrants en masse without due process and its use of the notorious Guantánamo Bay military prison to detain potentially thousands of migrants.
"The methods deployed in the name of 'counter-terrorism' and 'national security' evolved from emergency measures to common practices, ensnaring new populations and cannibalizing a broader range of issues," the report states. "Today, university students and professors that challenge support for Israel's genocide of Palestinians are being targeted. Environmental activists that oppose the plan to build a police training facility in a clear-cut forest outside of Atlanta, Georgia have been prosecuted as 'domestic terrorists.' And key to the administration advancing its anti-democratic and anti-rights agenda is the expansion of a vast surveillance infrastructure of law enforcement agencies with the aid of unaccountable tech magnates."
The report, which was submitted to the U.N. Human Rights Council ahead of a formal review of U.S. compliance with human rights obligations, calls on the international community do whatever it can to push back against the Trump administration's agenda, including by pressuring the White House to end its use of the Alien Enemies Act and cease targeting Palestinian rights advocates.
"In just 100 days, the Trump administration has inflicted enormous damage to human rights in the United States and around the world."
Nadia Ben-Youssef, advocacy director of the Center for Constitutional Rights, said in a statement that "the human rights violations described in the report make clear that the U.S. is in an authoritarian political reality where the Trump administration, Congress, and state governments have fully suspended international human rights and are engaging in tactics of repression that are hallmarks of fascist regimes."
"Our hope is that the report sounds the alarm for the international community to act with greater urgency to challenge this administration and its belligerent efforts to dismantle constitutional protections and international norms," said Ben-Youssef.
The coalition delivered its report to the U.N. as human rights organizations took stock of the Trump administration's devastating assault on civil liberties, the climate, workers, public health, immigrants, and more during the first 100 days of his second term.
Human Rights Watch (HRW) said Thursday that "since January, the administration has unlawfully transferred Kilmar Abrego Garcia, a Salvadoran national, to his home country, deported other immigrants to El Salvador under circumstances that amount to enforced disappearance, and removed asylum seekers with various nationalities to Panama and Costa Rica in violation of international law."
"The administration has also attacked the rights to freedom of speech and assembly, including by arbitrarily detaining and seeking to deport noncitizens because of their activism related to Palestine," the group added. "These damaging policies are reverberating globally as the Trump administration has slashed support for human rights beyond U.S. borders. The administration abruptly ended US foreign aid programs, putting many people who were benefiting from them in life-threatening peril."
Tanya Greene, U.S. program director at HRW, said that "in just 100 days, the Trump administration has inflicted enormous damage to human rights in the United States and around the world."
"We are deeply concerned that these attacks on fundamental freedoms will continue unabated," Greene added.
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