The American Civil Liberties Union (ACLU) has filed a lawsuit challenging the government’s use of an emergency declaration to create a special federal database for non-citizens seeking asylum.
The law signed last month by President Donald Trump allows the president to issue the emergency declaration when he believes that an individual is in imminent danger of being deported.
Under the law, anyone who has been charged with or convicted of any crime or charged with a federal offense can qualify as a “high-risk” for deportation under the terms of the “Preventing Immigration Crime Engagement Act” (PICEE).
Under the new law, if the individual is charged with an immigration offense, the government can detain him or her for up to 90 days and deny him or herself the right to petition the Supreme Court for a writ of habeas corpus.
The bill also includes a provision that allows the secretary of homeland security to order the federal government to take any action necessary to protect the safety of the US citizen, including “any action that could include, but is not limited to, any form of arrest, detention, search or seizure, or the use of force, violence, or intimidation against the individual, as determined by the Secretary of Homeland Security”.
Under the emergency proclamation, the president can declare any “person” as a high-risk and then order the government to protect him or the individual from deportation.
Under PICEE, the Department of Homeland Safety (DHS) has the power to arrest, detain, seize, prosecute and prosecute the individual in accordance with the law.
The ACLU lawsuit argues that the emergency law creates an unconstitutional, discriminatory system of deportation that violates the Fifth Amendment’s prohibition against “cruel and unusual punishment”.
The ACLU says the president’s emergency declaration violates the Fourth Amendment because it authorises the government “to exercise sweeping powers in pursuit of a single policy goal without any independent oversight”.
The court will hear arguments on the lawsuit on April 13.
In a statement, a DHS spokesperson said the administration is committed to the protection of all people in the country and believes the protections are necessary to prevent the re-emergence of an emerging global security threat.