Bio
Lee Gelernt is a lawyer at the ACLU鈥檚 national office in New York. In recent years, Lee has argued some of the country鈥檚 highest-profile cases and is widely recognized as one of the country鈥檚 leading public interest lawyers. He has argued dozens of major civil rights cases, including in the U.S. Supreme Court and 10 federal courts of appeals. He has testified as a legal expert before both the U.S. House and Senate. In addition to his work at the ACLU, he is an adjunct professor at Columbia Law School, and for several years was a visiting professor at Yale Law School.
Among Lee鈥檚 recent cases are:
-- An ongoing challenge to the Trump administration鈥檚 use of the Alien Enemies Act, a 1798 wartime measure used only three times in the country鈥檚 history;
-- An ongoing challenge to the Trump administration鈥檚 attempt to detain immigrants at Guantanamo Bay;
--An ongoing challenge to the Trump administration鈥檚 attempt to eliminate all asylum in the United States;
--A successful national class-action challenge to the Trump administration鈥檚 unprecedented practice of separating thousands of immigrant families at the border. Lee鈥檚 work on this case received worldwide attention, including in the 2020 documentary 鈥淭he Fight鈥 and a July 2018 New York Times Magazine cover story about the ACLU. As the American Academy of Pediatricians said, the practice of separating parents from their children, hundreds of whom were babies and toddlers, amounted to child abuse;
--The first case challenging the President Trump鈥檚 travel ban on individuals from certain Muslim-majority nations, which resulted in a federal court in Brooklyn issuing a nationwide Saturday night injunction against the ban only one day after the president enacted it; the argument was followed by millions of people, resulting in scores of protests;
--A successful challenge to the 鈥淭itle 42鈥 policy鈥 in which both the Trump and Biden administrations, over the objection of the CDC, barred families fleeing danger from seeking asylum protection at the border, on the pretextual ground that the policy was necessary to stop the spread of Covid-19.
Over his career, Lee has argued dozens of other major civil rights cases. In the aftermath of the September 11 attacks, he litigated several high-profile national security cases. One of the cases Lee argued was Ashcroft v. al-Kidd in the U.S. Supreme Court, involving the government鈥檚 post 9-11 policy of using the federal material witness statute to investigate and preventively detain terrorism suspects in cases where was no probable cause to justify a criminal arrest.
He also successfully argued one the very first major September 11 cases to reach the federal courts of appeals, Detroit Free Press v. Ashcroft, where he represented the media in their lawsuit seeking to prevent the government from holding secret deportation hearings after September 11. In its decision invalidating the government鈥檚 secret hearing policy, the Sixth Circuit Court of Appeals stated that 鈥渄emocracies die behind closed doors鈥 鈥 a phrase that became one of the most cited and well-known admonitions issued by the judiciary in the aftermath of September 11.
Lee has won numerous awards for his work and has been recognized as one of the 500 leading lawyers in the country in any field. He lectures around the country and regularly appears in the national and international media, documentaries, podcasts, books and television shows, including: New York Times, Washington Post, Wall Street Journal, NPR, CNN, MSNBC, NBC鈥檚 Nightly News and Today Show, ABC鈥檚 World News Tonight , Nightline, and Good Morning America, CBS鈥檚 60 Minutes, Evening News and This Morning, PBS鈥檚 The News Hour and Frontline, BBC radio and television, VICE, The Circus, The Patriot Act with Hasan Minhaj, Full Frontal with Samantha Bee, and numerous other media outlets, documentaries, books and podcasts.
Lee graduated from Columbia Law School, where he was a Notes & Comments editor of the Law Review and is a former law clerk to the late Judge Frank Coffin of the First Circuit Court of Appeals. Prior to Law School, he received a M.Sc. from the London School of Economics, and a B.A. from Tufts University where he was member of the Varsity basketball team.
Featured work

Jun 27, 2024
Biden鈥檚 Executive Order: New Asylum Ban, Old Tactics

Jan 27, 2022
Why Is America So Keen on Separating Families?

Apr 29, 2021
The Moral Imperative to Eliminate the Historic Stain of Family Separation

Dec 28, 2018
The Courts Consistently Brushed Back Trump鈥檚 Assaults on Immigrants in 2018

Mar 21, 2018
Reuniting a Mother and Child Torn Apart by ICE
Jul 18, 2008
Judge 糖心Vlog More Guant谩namo Decisions in Hamdan Case