Today, in the Fifth Circuit case of W.M.M. v. Trump , we submitted an amicus brief opposing the Trump Administration's use of the Alien Enemies Act of 1798 as a tool for peacetime detention and deportation of immigrants. The brief was filed on behalf of the Brennan Center for Justice at NYU, the Cato Institute, prominent law-of-war scholar Prof. John Dehn, and myself. I coauthored it with Brennan Center attorneys Katherine Yon Ebright and Leah Tulin, with the aid of valuable advice from Elizabeth Goitein (Brennan Center), and Prof. Dehn. Katherine is a leading expert on the AEA and its history, and Liza one of the nation' leading experts on emergency powers.
The fact that this brief is backed by organizations as ideologically diverse as Cato and the Brennan Center is a testament to the eg