The Supreme Court ruled that individuals targeted for removal under the Alien Enemies Act (AEA) must be granted notice, the opportunity to challenge their removal, and judicial review—including on constitutional grounds. While the Court lifted the temporary restraining order (TRO), this was only due to venue grounds (i.e. a question on which lower court would be the appropriate venue). Its clarification that individuals could challenge the AEA underlined the fundamental principles of due process. This ruling comes amid growing concern over the misuse of archaic wartime laws to bypass due process protections.
“The Supreme Court’s affirmation of due process is a powerful reminder that legal rights and protections must not be eroded. We must never forget that the Alien Enemies Act was used to justify the incarceration of over 120,000 people of Japanese ancestry, including U.S. citizens and even children. We must be cautious as a country to not go down a dark path of repeating this historic atrocity,” said Gisela Kusakawa, Executive Director of the Asian American Scholar Forum. “We are grateful to the ACLU and partners for standing firm in defense of justice, especially as we witness rising attempts to undermine the rule of law. The fight for civil liberties is far from over—but today, due process prevailed.”
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Asian American Scholar Forum (AASF) is a national nonprofit that promotes academic belonging, openness, freedom, and equality for all. In response to heightened anti-Asian sentiments and profiling in the U.S., AASF has been a leading national voice fighting for the rights of Asian American and immigrant scientists, researchers, and scholars. AASF membership includes members from the National Academy of Engineering, the National Academy of Medicine, the National Academy of Science, and the American Academy of Arts & Sciences, in addition to past and current university presidents, provosts, vice provosts, deans, associate deans, and past and current department chairs.
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