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.
Status: Ongoing
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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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149 National Security Cases
Court Case
Jan 2025
National Security
ACLU v. Department of Homeland Security (CP3 FOIA)
In 2021, the Department of Homeland Security announced the establishment of the Center for Prevention Programs and Partnerships, also known as CP3, and a domestic terrorism branch within the Office of Intelligence and Analysis. These initiatives are a product of DHS's new measures to address domestic violent extremism, and little is known about these programs and the effects they'll have on members of the public. DHS has a history of similar harmful programs, which have targeted communities of color, immigrants and Muslim communities. The public has a right to know about the impacts of CP3 and the I&A domestic terrorism branch on the civil rights, liberties and privacy of communities of color, immigrants and other marginalized communities. In 2022, the ACLU submitted a FOIA request to compel the government to release information about these initiatives. It is imperative that the public gain a greater understanding about the policies, practices, methods and goals of both CP3 and the I&A domestic terrorism branch.
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Court Case
Jan 2025
National Security
ACLU v. Department of Homeland Security (CP3 FOIA)
In 2021, the Department of Homeland Security announced the establishment of the Center for Prevention Programs and Partnerships, also known as CP3, and a domestic terrorism branch within the Office of Intelligence and Analysis. These initiatives are a product of DHS's new measures to address domestic violent extremism, and little is known about these programs and the effects they'll have on members of the public. DHS has a history of similar harmful programs, which have targeted communities of color, immigrants and Muslim communities. The public has a right to know about the impacts of CP3 and the I&A domestic terrorism branch on the civil rights, liberties and privacy of communities of color, immigrants and other marginalized communities. In 2022, the ACLU submitted a FOIA request to compel the government to release information about these initiatives. It is imperative that the public gain a greater understanding about the policies, practices, methods and goals of both CP3 and the I&A domestic terrorism branch.
U.S. Supreme Court
Jan 2025
National Security
+2 Issues
TikTok Inc., et al. v. Garland (Amicus)
The Supreme Court will decide whether a law that effectively bans TikTok in the United States violates the First Amendment rights of more than 170 million Americans who use the social media platform. The law also allows the President to ban other foreign-owned apps deemed a national security threat, opening the door to future abuse and censorship. The ban on TikTok is set to go into effect on January 19, 2025.
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U.S. Supreme Court
Jan 2025
National Security
+2 Issues
TikTok Inc., et al. v. Garland (Amicus)
The Supreme Court will decide whether a law that effectively bans TikTok in the United States violates the First Amendment rights of more than 170 million Americans who use the social media platform. The law also allows the President to ban other foreign-owned apps deemed a national security threat, opening the door to future abuse and censorship. The ban on TikTok is set to go into effect on January 19, 2025.
Court Case
Jan 2025
National Security
Immigrants' Rights
Samma v. U.S. Department of Defense—Lawsuit Challenging Policy Denying U.S. Military Service Members Expedited Path to Citizenship
In April 2020, the ACLU, ACLU of Southern California, and ACLU of District of Columbia filed a class action lawsuit on behalf of military service members challenging a 2017 Trump administration policy blocking their expedited path to citizenship. In August 2020, a federal district court certified the class and ruled that the policy’s requirement that non-citizens serve a minimum period of time before they can apply for citizenship is unlawful.
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Court Case
Jan 2025
National Security
Immigrants' Rights
Samma v. U.S. Department of Defense—Lawsuit Challenging Policy Denying U.S. Military Service Members Expedited Path to Citizenship
In April 2020, the ACLU, ACLU of Southern California, and ACLU of District of Columbia filed a class action lawsuit on behalf of military service members challenging a 2017 Trump administration policy blocking their expedited path to citizenship. In August 2020, a federal district court certified the class and ruled that the policy’s requirement that non-citizens serve a minimum period of time before they can apply for citizenship is unlawful.
Virginia
Dec 2024
National Security
Trabelsi v. Crawford, et al. – Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government’s case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured.
Mr. Trabelsi’s detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions.
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Virginia
Dec 2024
National Security
Trabelsi v. Crawford, et al. – Lawsuit Challenging Unlawful Detention and Inhumane Treatment of Acquitted Man
Our client, Nizar Trabelsi, is in the United States against his will. The federal government brought him here from Belgium more than a decade ago and charged him with terrorism-related crimes. At trial, the government’s case failed: a federal jury found Mr. Trabelsi not guilty. But instead of allowing Mr. Trabelsi to return to Belgium after his acquittal, the United States placed him in highly restrictive immigration detention and began an ongoing effort to force him to Tunisia, where he was born and where he will very likely be tortured.
Mr. Trabelsi’s detention violates the Constitution, immigration law, and the extradition treaty between the United States and Belgium. Through this lawsuit, he seeks to return to Belgium, and he demands an immediate improvement of his detention conditions.
U.S. Supreme Court
Nov 2024
National Security
Connell v. CIA – FOIA Lawsuit Seeking Records About CIA “Operational Control” Over a Detention Facility at Guantánamo Bay
The CIA has refused to disclose whether it has records about its operational control over Camp VII, a detention facility at Guantánamo Bay. Given the extensive public record about the CIA’s connection to Camp VII, its refusal to acknowledge that it has responsive records both violates the law and defies common sense. At stake is whether the court will reject the CIA’s version of official secrecy and call out its fiction of deniability or whether it will allow that fiction to stand.
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U.S. Supreme Court
Nov 2024
National Security
Connell v. CIA – FOIA Lawsuit Seeking Records About CIA “Operational Control” Over a Detention Facility at Guantánamo Bay
The CIA has refused to disclose whether it has records about its operational control over Camp VII, a detention facility at Guantánamo Bay. Given the extensive public record about the CIA’s connection to Camp VII, its refusal to acknowledge that it has responsive records both violates the law and defies common sense. At stake is whether the court will reject the CIA’s version of official secrecy and call out its fiction of deniability or whether it will allow that fiction to stand.