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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148 National Security Cases
New York
Apr 2024
National Security
ACLU v. NSA — FOIA Lawsuit Seeking Court Opinions Addressing Section 702 Surveillance
ACLU v. NSA seeks to compel the government to disclose recent court opinions concerning spying conducted under Section 702 of the Foreign Intelligence Surveillance Act — one of the most sweeping surveillance authorities ever enacted by Congress. Public access to these records is essential for an informed debate as Congress considers whether to reform or reauthorize this surveillance law ahead of its sunset in December 2023.
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New York
Apr 2024
National Security
ACLU v. NSA — FOIA Lawsuit Seeking Court Opinions Addressing Section 702 Surveillance
ACLU v. NSA seeks to compel the government to disclose recent court opinions concerning spying conducted under Section 702 of the Foreign Intelligence Surveillance Act — one of the most sweeping surveillance authorities ever enacted by Congress. Public access to these records is essential for an informed debate as Congress considers whether to reform or reauthorize this surveillance law ahead of its sunset in December 2023.
Court Case
Apr 2024
National Security
ACLU v. DOJ: FOIA Lawsuit Seeking Information on Federal Agencies’ Surveillance of Social Media
Federal government agencies are increasingly engaging in social media surveillance: that is, the collection, monitoring, and retention of individuals’ online speech, activities, and associations. Publicly available information shows that several federal agencies are investing in technology and systems that enable the programmatic and sustained tracking of social media information on U.S. citizens and non-citizens alike. Once government agencies collect this information, they may share it or use it to influence immigration decisions. This surveillance also raises the risk that people will be wrongly investigated or placed on government watchlists.
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Court Case
Apr 2024
National Security
ACLU v. DOJ: FOIA Lawsuit Seeking Information on Federal Agencies’ Surveillance of Social Media
Federal government agencies are increasingly engaging in social media surveillance: that is, the collection, monitoring, and retention of individuals’ online speech, activities, and associations. Publicly available information shows that several federal agencies are investing in technology and systems that enable the programmatic and sustained tracking of social media information on U.S. citizens and non-citizens alike. Once government agencies collect this information, they may share it or use it to influence immigration decisions. This surveillance also raises the risk that people will be wrongly investigated or placed on government watchlists.
Washington, D.C.
Feb 2024
National Security
Human Rights
ACLU v. DOD – FOIA Case Seeking Biden Administration’s Presidential Policy Memorandum
In October 2022, the Biden administration confirmed the existence of the White House’s latest set of policy rules governing the United States’ use of lethal force outside of recognized battlefields abroad. These new rules are known as the “Presidential Policy Memorandum (PPM).” The administration made the partially-redacted PPM public in response to the latest in a series of ACLU lawsuits to force transparency about the U.S. government’s secretive, unlawful, and controversial use of lethal force abroad, including through the use of drones.
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Washington, D.C.
Feb 2024
National Security
Human Rights
ACLU v. DOD – FOIA Case Seeking Biden Administration’s Presidential Policy Memorandum
In October 2022, the Biden administration confirmed the existence of the White House’s latest set of policy rules governing the United States’ use of lethal force outside of recognized battlefields abroad. These new rules are known as the “Presidential Policy Memorandum (PPM).” The administration made the partially-redacted PPM public in response to the latest in a series of ACLU lawsuits to force transparency about the U.S. government’s secretive, unlawful, and controversial use of lethal force abroad, including through the use of drones.
Massachusetts Supreme Court
Nov 2023
National Security
+2 Issues
Commonwealth v. Arrington
In this amicus brief, the ACLU and its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.
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Massachusetts Supreme Court
Nov 2023
National Security
+2 Issues
Commonwealth v. Arrington
In this amicus brief, the ACLU and its coalition partners urged robust application of the legal standard governing the admissibility of expert testimony and technical evidence, especially in cases involving opaque or proprietary algorithms.
California
Oct 2023
National Security
Wagafe v. USCIS - Lawsuit Challenging Secret Program Blocking Immigrant Applications
The ACLU and its affiliates in Southern California and Washington, the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, the Law Offices of Stacy Tolchin, and Perkins Coie LLP filed a class action lawsuit in January 2017 challenging a federal government program used to deny or indefinitely delay thousands of law-abiding people—many of them from Muslim-majority countries—from becoming citizens or lawful residents due to unspecified “national security concerns.”
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California
Oct 2023
National Security
Wagafe v. USCIS - Lawsuit Challenging Secret Program Blocking Immigrant Applications
The ACLU and its affiliates in Southern California and Washington, the Northwest Immigrant Rights Project, the National Immigration Project of the National Lawyers Guild, the Law Offices of Stacy Tolchin, and Perkins Coie LLP filed a class action lawsuit in January 2017 challenging a federal government program used to deny or indefinitely delay thousands of law-abiding people—many of them from Muslim-majority countries—from becoming citizens or lawful residents due to unspecified “national security concerns.”