ACLU Lawyer Sounds Alarm: Under Trump, 'Anybody Can Be Picked Up' and Deported Without Oversight

The American Civil Liberties Union (ACLU) is raising serious alarms about the Trump administration’s use of the 1798 Alien Enemies Act, claiming it could pave the way for unchecked deportations without judicial oversight. Lee Gelernt, an ACLU attorney, said on CBS' "60 Minutes" that the administration’s actions mean "anybody can be picked up"—a chilling prospect for immigrants and critics of government overreach alike.

Gelernt’s concerns stem from reports of Venezuelan migrants, allegedly without gang ties or criminal records, being deported to an El Salvador prison. This followed President Trump invoking the century-old Alien Enemies Act to swiftly deport violent illegal immigrants suspected of gang affiliations, such as with Tren de Aragua. However, the ACLU argues the administration does not have the legal authority to send deportees to foreign prisons.

"Every administration back to 1798 has understood this is wartime authority to be used when the United States is at war with a foreign government," Gelernt explained. The Trump administration, however, has expanded its application, claiming it can be used against criminal organizations—and that courts have no role in stopping or questioning their actions. No judicial oversight is a bold move, to say the least.

Correspondent Cecilia Vega highlighted additional concerns, including accusations that migrants without gang ties are being deported without due process. Gelernt warned that if such broad interpretations of the Alien Enemies Act continue, "anything is possible." It's not hard to see how this could spiral into chaos.

In a specific case, the Trump administration admitted to mistakenly deporting Salvadoran Kilmar Abrego Garcia to an El Salvador prison despite a federal judge’s ruling that he could not be deported due to threats from local gangs. Garcia, whose asylum request was denied but was granted protection from deportation, was removed due to what the administration called an "administrative error." ICE did not appeal his protected status, but the administration now alleges Garcia has ties to MS-13—an infamous claim that seems to hover like a dark cloud over many deportation cases.

Critics argue that this approach sidesteps due process and risks punishing innocent individuals. Gelernt stressed that while individuals who are here illegally can face deportation or prosecution, the real issue is the method: "Once we start using wartime authority with no oversight, anything is possible. Anybody can be picked up." And that, folks, is a Pandora's box we might not want to open.

Fox News reached out to the White House for comment but did not receive an immediate response.