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00:00I think we're on very dangerous ground here.
00:03This is as lawless an action as the administration has taken.
00:08If the administration is allowed to use wartime authorities anytime it wants to remove people,
00:14I think we are going to see more and more people being subjected to this type of alien
00:20enemies act and a blurring of wartime authority with domestic authority.
00:25I cannot stress how important it is that the federal courts prevent this from happening.
00:48So the alien enemies act was enacted in 1798, and it's a wartime authority that can only
00:55be used when the United States is in a declared war with another nation or another nation
01:01is invading our country.
01:03It cannot be used against simply a gang.
01:07And notably, it's only been used three times in our country's history, all during declared
01:12wars, the war of 1812, World War I and World War II.
01:16We are aware of no authority for applying it to a regular gang, even if the gang has
01:23infiltrated to some extent another nation's government.
01:26If this is not a foreign government, then it cannot be used.
01:46Yeah, so I think there's two parts to what's going on.
01:59The first is, even if any of the individuals are members of the gang, the law cannot be
02:04used for straight immigration purposes because the TDA is not a foreign government or nation.
02:11But beyond that, even if it were legal to invoke the alien enemies act, these individuals
02:16must be given an opportunity to show that they are not members of the gang.
02:20And what we understand is that many of the people, including our named plaintiffs, are
02:24not members of the gang.
02:26So for that reason alone, this is illegal.
02:37Yeah.
02:47We asked the court to immediately issue a temporary restraining order, stopping all
02:52removals.
02:53We do not know whether the removals that are being posted took place before the court's
02:59order or after, and we've asked the government to clarify.
03:03But if they took place after the court's order, then they would have violated the court's
03:07direction.
03:08The videos, though, do make clear that there is absolutely irreparable harm to these individuals
03:15and that the court was absolutely correct to move quickly to restrain any further removals.
03:33If anybody was turned over to a foreign government after the court's order, then we would hope
03:38that the United States government would work with that foreign government to get the individuals
03:42back.
03:43Whether the court went beyond that and issued sanctions or contempt orders will be up to
03:48the court.
04:00Fundamentally, what's going on is a separation of powers problem.
04:04The Alien Enemies Act lays out very, very specific criteria for when it can be used.
04:09The Trump administration has ignored that by applying it to a gang rather than a foreign
04:14government or nation.
04:15And on top of that, the administration is ignoring the immigration laws that Congress
04:20has passed that ensure that people can have a right to seek protection against persecution
04:25or torture.
04:26At bottom, we have the administration thumbing their nose at Congress.