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The ACLU, along with other legal groups, is representing the men in their lawsuit.

“This ruling is a huge victory and will help protect the citizenship of all children born in the United States, as the Constitution intended,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project and one of the attorneys who argued the case.

According to the ACLU, Title 10 activation of National Guard troops has historically been rare and Congress has prohibited troops deployed under the law from providing “direct assistance” to civilian law enforcement — under both a separate provision of Title 10 as well as the Posse Comitatus Act.

Hina Shamsi, director of the ACLU’s National Security Project, wrote in a recent article that if Trump were to invoke the Insurrection Act “to activate federalized troops for mass deportation — whether at the border or somewhere else in the country — it would be unprecedented, unnecessary, and wrong.”

This raised many ethical issues that were reported by the ACLU.