Hannah James

Appeals Courts Split on Domestic Military Deployments The Supreme Court must now recognize how excessive judicial deference to the president can endanger Americans’ fundamental liberties.

My take on the appellate courts' rulings in the Nat'l Guard cases, & why SCOTUS should follow the approach of the 7th Circuit (which held that the deployment was untethered to the facts), not the 9th Circuit (which accepted the admin's alternate reality): www.brennancenter.org/our-work/res...

The Latest Proposal to Compromise Americans’ Privacy – Delay the Reauthorization Debate of Section 702 ​Section 702 of the Foreign Intelligence Surveillance Act is an authority enacted by Congress to allow U.S. intelligence agencies to surveil foreign spies and terrorists. But it has been used in...

Sen. Cotton is reportedly pushing for an 18-month extension of Section 702 of the Foreign Intelligence Surveillance Act. Project for Privacy & Surveillance Accountability explains why that would derail any meaningful consideration of reform: www.protectprivacynow.org/news/the-lat...

It makes no sense to read that provision back into the law. It would interfere with the PCLOB’s ability to provide the reliable, nonpartisan analysis and recommendations that are so valuable to Congress, and to the public. 8/8

In response, in 2007, Congress pulled that provision, removing the Board from the president’s supervision and establishing it as a fully independent agency. (7/8)

When Congress first created the Board in 2004, it included a provision of law that gave the president express authority to remove Board members at will. The White House made extensive edits to the Board’s first report to Congress, prompting a Board member to resign in protest. 6/8

If the president could fire PCLOB members at will, it would be harder for Congress to trust that the Board’s recommendations are rooted purely in facts and expertise, without influence from the White House. In fact, Congress learned that lesson the hard way. 5/8

The question for the court is whether the president may legally fire Board members at will. As the members of Congress argue in their brief, he can’t. In fact, Congress deliberately insulated the Board from the president to protect its independence. 4/8

Congress has enacted many of its suggested reforms into law, including shutting down the NSA’s bulk collection of Americans call records. But Congress’s ability to rely on the Board’s analysis and recommendations depends on the Board’s independence. 3/8

PCLOB plays a key role as a check on executive overreach. It’s tasked with ensuring that the government’s counterterrorism efforts don’t violate Americans’ privacy and civil liberties. It conducts deep-dive investigations of govt surveillance programs and makes recommendations for reform. 2/8

Members of Congress, represented by the Brennan Center & co-counsel, just filed a federal court brief defending the independence of the Privacy and Civil Liberties Oversight Board (PCLOB). It’s in support of 2 board members fired without cause by the Trump admin www.brennancenter.org/sites/defaul...

The Trump administration’s plan to use 600 military lawyers as temporary immigration judges, with some starting as soon as this week, will deprive immigrants of a fair hearing and further erode the line between military personnel and civilian government. 1/14

Judge rules Trump's deployment of troops to Los Angeles violated federal law U.S. District Judge Charles Breyer ruled in favor of California Gov. Gavin Newsom in his challenge to President Trump's deployment of troops to Los Angeles.

THREAD: This morning, U.S. District Judge Charles Breyer ruled that President Trump's use of National Guardsmen and Marines to support federal law enforcement in and around Los Angeles violated the Posse Comitatus Act. (1/22) www.cbsnews.com/news/judge-t...

Court finds Trump's tariffs an illegal use of emergency power, but leaves them in place for now A federal appeals court has ruled President Donald Trump illegally used emergency powers to impose sweeping tariffs but left them in place for now. The U.S.

A U.S. Court of Appeals ruled Friday that Trump exceeded his presidential authority by imposing tariffs. The Brennan Center filed a brief in the case arguing that the emergency powers law he relied on didn’t grant presidents that authority. bit.ly/4g31plb

THREAD: This morning, President Trump and members of his cabinet announced a set of sweeping, unprecedented, and unwarranted actions to impose federal control over local policing in Washington, D.C.

The Government’s Growing Trove of Social Media Data It’s increasingly collecting and using social media information to make high-stakes decisions related to immigration.

The government has proposed expanding the mandatory collection of social media identifiers. It would widen social media surveillance to include not only travelers and visa applicants and visa holders, but also their U.S. citizen contacts.
www.brennancenter.org/our-work/res...

Border Patrol Wants Advanced AI to Spy on American Cities A Customs and Border Protection “Industry Day” deck also asks for drones, seismic sensors, and tech that can see through walls.

Border Patrol is buying new tech... "advanced AI" to surveil dense residential areas? Automated surveillance towers? Tech to see through walls??

I talked to @sambiddle.com of @theintercept.com about serious risks amid the agency's increasingly aggressive behavior.

theintercept.com/2025/07/23/c...

The @nytimes.com is reporting that the Trump administration has requested deployment of 20,000+ National Guard members to help with immigration enforcement inside the U.S. This is an unprecedented move that raises a host of legal and practical concerns. 1/8

Amicus Brief in Emily Ley Paper et al., v. Trump On May 12, 2025, the Brennan Center for Justice filed an amicus brief in Emily Ley Paper et al., v. Trump, opposing the government's motion to transfer the case to the United States Court of Internati...

Yesterday the Brennan Center filed an amicus brief in support of four companies that challenged Trump’s imposition of worldwide tariffs under the International Emergency Economic Powers Act (IEEPA). 1/15 www.brennancenter.org/our-work/cou...

How Turning the Border into a Military Zone Evades Congress and Threatens Rights The administration is trying to evade limits on domestic use of the armed forces.

Turning the U.S.–Mexico border into a military zone seems designed to sidestep Congress. It’s the kind of presidential overreach that Congress and the courts should check.

Trump exploits loophole to militarize the border; Americans potential targets of military arrests Donald Trump has essentially turned the border into a military base in order to be allowed to use the armed forces to make arrests, including of any Americans in the vicinity. Elizabeth Goitein, senio...

The line between the military and civilian government is one of the most important safeguards that we have. Creating a military installation on the border? “It steps over that line,” @lizagoitein.bsky.social tells @maddow.msnbc.com www.msnbc.com/rachel-maddo...

The memo deviates drastically from usual 4th Amdt standards and creates serious risks for continued abuses of power. The gov't must be held to its constitutional obligations at all times, and no less so when the language of war is being used. 9/9

The memo relies on the AEA to authorize entry w/ an ICE warrant or no warrant at all, even though the proposed entries do not clearly fit w/in any recognized exception to the warrant reqmt. But the AEA invocation does not erase 4th Amdt rights—nor could it. No law can set aside the Constitution. 8/9

In the immigration context, the 4th Amdt means ICE needs a warrant from a federal judge or an exception to that requirement to enter a home. Critically, an administrative arrest warrant issued by ICE itself does not authorize ICE to enter homes. 7/9

The 4th Amdt applies regardless of citizenship or what a person is accused of.
DOJ has acknowledged the 4th Amdt applies even to counterterrorism operations in the US (subject to the traditional exception to the warrant requirement for true emergencies). 6/9 www.justice.gov/sites/defaul...

Constitutional protections like the 4th Amdt ensure the gov't acts against the right people for the right reasons. When officers ignore the Constitution, they risk entering the wrong homes and/or arresting and deporting the wrong people - maybe even American citizens. 5/9

This is a serious departure from established 4th Amdt standards. The 4th Amdt protects people within the US from unreasonable search & seizure. It means the gov't must obtain a warrant or qualify for an exception to the warrant requirement (e.g. consent, exigent circumstances) to enter homes. 4/9

The invocation claims that Venezuelan gang Tren de Aragua is "invading" the US at the direction of the Venezuelan gov't. The memo directs apprehension of suspected TdA members, including through warrantless raids of homes if an officer has mere "reason to believe" a suspected member is inside. 3/9

Invocation of the Alien Enemies Act Regarding the Invasion of The United States by Tren De Aragua BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of

The memo claims the warrantless entries are permissible under the Alien Enemies Act, a 1798 law that gives the president wartime authority to arrest, detain, and deport noncitizens who are natives or citizens of enemy nations. Trump invoked the AEA on March 15. 2/9 www.whitehouse.gov/presidential...

DOJ March 14 memo Alien Enemies Act

In a memo obtained by @usatoday.com, the Attorney General authorized federal law enforcement to conduct warrantless raids on homes as part of its deportation efforts under the Alien Enemies Act. This enforcement strategy raises serious 4th Amdt concerns. 1/9 www.documentcloud.org/documents/25...

If the SAVE Act were enacted into law, it would be one of the worst voting laws ever passed by Congress. The Senate must vote to reject it.