Council on National Security and Immigration Urges Administration to Uphold Due Process in Use of Alien Enemies Act

FOR IMMEDIATE RELEASE
May 5, 2025

CONTACT: Roberto Estrada 
restrada@monumentadvocacy.com

WASHINGTON – Council on National Security and Immigration (CNSI) today issued a statement expressing concern over the Trump administration’s use of the Alien Enemies Act and urged that any application of the law be accompanied by clear standards and due process protections.

“As former government officials responsible for national, homeland, and border security missions, we are encouraged by the administration's commitment to immigration enforcement and progress in reducing border flows along the southern border. However, invoking the Alien Enemies Act, a wartime statute, in the absence of a declared conflict, to remove individuals without notice, hearings, or the opportunity to respond, raises serious legal and constitutional concerns. As Judge Harvie Wilkinson noted in a recent decision by the U.S. Fourth Circuit Court of Appeals, ‘The government asserts a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order.’ Such actions undermine the very principles of liberty and justice that Americans hold dear.

“Applying this law to individuals based on alleged gang affiliation, without transparency or due process, sets a troubling precedent. If the administration chooses to use this authority, it must ensure individuals receive notice of the allegations, a meaningful chance to contest them, and access to judicial review. The administration’s commitment to enforcement of our immigration laws can and should co-exist with reasonable due process.”

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Leaders of CNSI speak and act solely in their individual capacities, and their views should not be attributed to any organization with which they are affiliated.

About CNSI: The Council on National Security and Immigration is a group of American national security leaders who believe immigration reforms are imperative to bolster and maintain the United States’ global leadership in the 21st century. Find out more here: www.cnsiusa.org