Name: ACLU Legal Director Reveals Tactics for Fighting Trump’s Mass Deportation Effort
Uploaded: 2025-01-16T10:30:00Z
Duration: 6 min 17 s
Description: The ACLU’s National Legal Director Cecillia Wang sits down with WSJ’s Laura Kusisto to discuss how civil-liberties lawyers plan to fight Trump’s mass deportation effort in courts.

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The ACLU’s National Legal Director Cecillia Wang sits down with WSJ’s Laura Kusisto to discuss how civil-liberties lawyers plan to fight Trump’s mass deportation effort in courts. Photo: Photo: Getty Images, Umit Gulsen

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The ACLU’s National Legal Director Cecillia Wang sits down with WSJ’s Laura Kusisto to discuss how civil-liberties lawyers plan to fight Trump’s mass deportation effort in courts.

ACLU Legal Director Reveals Tactics for Fighting Trump’s Mass Deportation Effort

What can you, as the ACLU, do ahead of time in communities to prepare them for the possibility that their workplace might be raided, that someone might be going door to door in their community?

When the government invades a workplace, they inevitably will violate people's rights under the Fourth Amendment.

Tell us what the Fourth Amendment is-

Sure, the Fourth Amendment generally provides that police officers or other law enforcement officials cannot conduct unreasonable searches and seizures of people who are in this country. And what we've seen time and again through the history of immigration raids in this country is that when agents try to do mass arrests in a work site or in a residential setting, they'll inevitably end up coercing their way into people's homes, and the ACLU will be ready to bring lawsuits in order to vindicate people's rights under the Fourth Amendment, not to be subjected to unreasonable searches and seizures.

People might think that something like this that's gonna be a little bit more localized is less of a good fit for this huge national organization. How do you prepare, as the ACLU, to kind of operate in a little bit more of a different, nimble, local way?

We won't be alone in this. We'll be working with partner organizations, other major civil rights organizations. We'll be working with people in communities around the country, including state and local officials. If Trump makes good on his promises that he's going to try to commandeer local police forces or sheriff's departments in service of his deportation agenda, for example, those sheriffs and police chiefs and mayors may say, "Wait a minute, we don't want this. We are focused on preventing and solving crimes in our communities."

What's your role as the ACLU? What's your kind of strategy in terms of backing up officials like that?

We have gone into court alongside those mayors and those governors and other state officials to say, "Look, this is a 10th Amendment violation. The federal government can't commandeer state and local government agents to do what the President of the United States wants to do, particularly when it requires violating people's civil rights and civil liberties." Another thing we've done is to weigh in when, for example, hostile state officials have passed laws saying they want to require localities in those jurisdictions to participate in immigration enforcement. What we see when those laws go into effect is racial profiling, rampant racial profiling, because the police, when told, "Go find undocumented immigrants," invariably rely on racial stereotypes about what an undocumented immigrant looks like. And so we've been very successful over the past 20 years in fighting back against those kinds of policies, and I think we will be again.

Immigration was a big issue under the first Trump administration. Do you sort of see that as a playbook for what happens this time, or are you thinking differently about how to approach this second iteration?

We are thinking about the second Trump administration differently, because what Trump has promised to do is different, both categorically and as a matter of degree, from his first term. Donald Trump has threatened to invoke a lot of arcane federal laws as he's talking about carrying out his policies, including his immigration policies.

I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil.

This is a 1798 statute that gives the president the power, when we are in a declared war with another country, to bypass ordinary deportation procedures in order to try to deport nationals of that country. Somehow, President-Elect Trump says, that he will use the Alien Enemies Act to deport people, even though we're not in a declared war and we're not under invasion by a foreign power. That would be a serious misinterpretation of the law. No court has ever read that statute to apply in these situations, and we will certainly be going to court to challenge the Trump administration if he does try to use the Alien Enemies Act in that way.

Tell us a little bit about what expedited removal is, how the Trump administration might use it, and how you could respond.

This is a statute that Congress enacted in 1996, that gives the government the ability to take a shortcut approach to deportation proceedings. If the immigration authorities encounter the person within 100 miles of the border and the person can't prove that they have been in the country for more than 14 days. During the first Trump administration, the government did expand the use of expedited removal throughout the United States. We did stop him in the federal District Court in DC, and before the case was over the Biden administration took over and rescinded his interpretation of that statute.

I think that sort of civil society played a big role in your strategy the last time around, both I think politically and legally. You had mass protests, you got 100s of 1,000s of new members. People seem, broadly speaking, more worn out, a little more apathetic than they were last time around. How do you, as you're kind of thinking of crafting this legal strategy, think about that other side of things, which is sort of getting people riled up again about some of what's going on?

I think that as we see the impact of his scapegoating of immigrants play out in cities and localities around this country, and we see the impact on our workplaces and on the economy writ large, that outpouring of opposition will make itself felt once again.