ACLU lawyer warns under Trump 'anybody can be picked up' and deported with no judicial oversight

ACLU lawyer Lee Gelernt claimed the White House wrongly believes the 1978 Alien Enemies Act gives it the right to deport migrants to a foreign prison.

Gelernt, who is part of the ACLU’s legal challenge against the Trump administration, insisted the president does not have the right to send someone who has been deported to a prison in a different country. Lindsay Kornick is an associate editor for Fox News Digital. Story tips can be sent to lindsay.kornick@fox.com and on Twitter: @lmkornick.

"Every administration back to 1798 has understood this is wartime authority to be used when the United States is at war with a foreign government," Gelernt said. "The administration is saying, 'Not only are we gonna use it against a criminal organization, but you, the courts, have no role. You cannot tell us that we're violating the law or stop us.'"