National Security
FOIA Case Seeking the Trump Administration’s Legal Justification for Deadly Boat Strikes
The Department of Justice’s Office of Legal Counsel (“OLC”) authored a legal opinion that reportedly claims to justify the Trump administration’s illegal lethal strikes on civilians in boats in the Caribbean Sea and eastern Pacific Ocean. Media reports indicate that, in addition to claiming that the strikes are lawful acts in an alleged “armed conflict” with unspecified drug cartels, the OLC opinion also purports to immunize personnel who authorized or took part in the strikes from future criminal prosecution. Because the public deserves to know how our government is justifying these illegal strikes, and why they think the people who carried them out should not be held accountable, the ACLU is seeking immediate release of the OLC legal opinion and related documents pursuant to the Freedom of Information Act.
Status: Ongoing
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U.S. Supreme Court
Dec 2023
National Security
FBI v. Fikre
Whether the government can overcome the voluntary cessation exception to mootness by removing an individual from the No Fly List when the government has not repudiated its decision to place him on the List and remains free to return him to the List for the same reasons and using the same procedures he alleges were unlawful.
Florida
Nov 2023
National Security
+2 Issues
Students for Justice in Palestine at the University of Florida v. Raymond Rodrigues
The University of Florida chapter of Students for Justice in Palestine filed a lawsuit on November 16, 2023, challenging the Chancellor of the State University System of Florida’s order to state universities to deactivate the student group. This order threatens the students’ constitutionally-protected right to free speech and association in violation of the First Amendment. The ACLU and its partners are seeking a preliminary injunction that would bar the Chancellor and the University of Florida from deactivating the UF SJP.
U.S. Supreme Court
Apr 2022
National Security
+2 Issues
FBI v. Fazaga
In a case scheduled to be argued before the U.S. Supreme Court on November 8, 2021, three Muslim Americans are challenging the FBI’s secret spying on them and their communities based on their religion, in violation of the Constitution and federal law. In what will likely be a landmark case, the plaintiffs — Yassir Fazaga, Ali Uddin Malik, and Yasser Abdelrahim — insist that the FBI cannot escape accountability for violating their religious freedom by invoking “state secrets.” The plaintiffs are represented by the Center for Immigration Law and Policy at UCLA School of Law, the ACLU of Southern California, the American Civil Liberties Union, the Council for American Islamic Relations, and the law firm of Hadsell Stormer Renick & Dai.
U.S. Supreme Court
Jul 2021
National Security
Immigrants' Rights
Sierra Club v. Trump — Challenge to Trump’s National Emergency Declaration to Construct a Border Wall
In February 2019, the ACLU filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. The lawsuit was filed on behalf of the Sierra Club and the Southern Border Communities Coalition. The lawsuit argues that the president is usurping Congress’s appropriations power and threatening the clearly defined separation of powers inscribed in the Constitution. On January 20, 2021, President Biden halted further border wall construction. Litigation in this and subsequent related challenges has been paused or deadlines extended while the ACLU’s clients and the Biden administration determine next steps.
Indiana
Oct 2016
National Security
Immigrants' Rights
Exodus Refugee Immigration, Inc. v. Mike Pence, et al
The American Civil Liberties Union and the ACLU of Indiana, on behalf of Exodus Refugee Immigration, filed suit against Governor Mike Pence and the secretary of the Indiana Family and Social Services Administration to stop attempts to suspend resettlement of Syrian refugees, claiming the governor’s actions violate the United States Constitution and federal law.
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154 National Security Cases
Court Case
Mar 2012
National Security
Ali v. Rumsfeld - Case Profile
In March 2005, the ACLU and Human Rights First filed a landmark lawsuit charging former Defense Secretary Donald Rumsfeld and other senior military leaders with direct responsibility for the torture and abuse of detainees. The suit was brought on behalf of nine men subjected to torture and abuse under Rumsfeld's command.
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Court Case
Mar 2012
National Security
Ali v. Rumsfeld - Case Profile
In March 2005, the ACLU and Human Rights First filed a landmark lawsuit charging former Defense Secretary Donald Rumsfeld and other senior military leaders with direct responsibility for the torture and abuse of detainees. The suit was brought on behalf of nine men subjected to torture and abuse under Rumsfeld's command.
Court Case
Mar 2012
National Security
Human Rights
Petition to Inter-American Commission on Human Rights Regarding Torture and Abuse of Prisoners by U.S. Military in Afghanistan and Iraq
In March 2012 the ACLU filed a petition with the Inter-American Commission on Human Rights (IAHCR) against the U.S. on behalf of three Afghanis and three Iraqis who were tortured while held by the American military at detention centers in Iraq and Afghanistan between 2003 and 2004. They were part of a group of men that in 2005 sued then-Defense Secretary Donald Rumsfeld and three senior military officials in federal court for their torture and abuse. That case was summarily dismissed on immunity grounds before reaching the merits.
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Court Case
Mar 2012
National Security
Human Rights
Petition to Inter-American Commission on Human Rights Regarding Torture and Abuse of Prisoners by U.S. Military in Afghanistan and Iraq
In March 2012 the ACLU filed a petition with the Inter-American Commission on Human Rights (IAHCR) against the U.S. on behalf of three Afghanis and three Iraqis who were tortured while held by the American military at detention centers in Iraq and Afghanistan between 2003 and 2004. They were part of a group of men that in 2005 sued then-Defense Secretary Donald Rumsfeld and three senior military officials in federal court for their torture and abuse. That case was summarily dismissed on immunity grounds before reaching the merits.
Court Case
Nov 2011
National Security
Smart Justice
KindHearts for Charitable Humanitarian Development, Inc. v. Geithner et al.
(formerly KindHearts for Charitable Humanitarian Development, Inc. v. Paulson et al.)
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Court Case
Nov 2011
National Security
Smart Justice
KindHearts for Charitable Humanitarian Development, Inc. v. Geithner et al.
(formerly KindHearts for Charitable Humanitarian Development, Inc. v. Paulson et al.)
Court Case
Nov 2011
National Security
Mohamed et al. v Jeppesen Dataplan, Inc.
During the Bush administration, the practice of "extraordinary rendition" was used to apprehend and detain foreign nationals suspected of involvement in terrorism. The suspect would be arrested and secretly transferred to prisons run by foreign intelligence agencies in countries know to torture, or to CIA-run "black sites."
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Court Case
Nov 2011
National Security
Mohamed et al. v Jeppesen Dataplan, Inc.
During the Bush administration, the practice of "extraordinary rendition" was used to apprehend and detain foreign nationals suspected of involvement in terrorism. The suspect would be arrested and secretly transferred to prisons run by foreign intelligence agencies in countries know to torture, or to CIA-run "black sites."
U.S. Supreme Court
Oct 2011
National Security
Al-Aulaqi v. Obama - Constitutional Challenge to Proposed Killing of U.S. Citizen
The American Civil Liberties Union and the Center for Constitutional Rights (CCR) filed a lawsuit in August 2010 challenging the government's asserted authority to carry out "targeted killings" of U.S. citizens located far from any armed conflict zone.
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U.S. Supreme Court
Oct 2011
National Security
Al-Aulaqi v. Obama - Constitutional Challenge to Proposed Killing of U.S. Citizen
The American Civil Liberties Union and the Center for Constitutional Rights (CCR) filed a lawsuit in August 2010 challenging the government's asserted authority to carry out "targeted killings" of U.S. citizens located far from any armed conflict zone.