This morning, CNN reported that the Trump Administration is expected to invoke the Alien Enemies Act of 1798 in an effort to accelerate mass deportations. This move, if confirmed, would mark one of the most aggressive immigration enforcement measures in modern U.S. history. As promised, all of my news will always be free, but if you do want to support my work and allow me to continue doing this work, please consider subscribing today (you will also get access to paid only Q&As!)

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For context, this wartime power has been invoked only three times in American history, including during World War I and World War II to justify the internment and expulsion of German, Italian, and Japanese immigrants. Here’s everything you need to know about this significant declaration, its implications, and the legal and historical context surrounding it.

What Is the Alien Enemies Act of 1798?

The Alien Enemies Act is one of four laws passed under the Alien and Sedition Acts of 1798. It grants the U.S. president broad powers to detain, relocate, or remove foreign nationals from countries deemed hostile to the United States during wartime or declared national emergencies. Originally designed during heightened tensions with France, the act has rarely been used in modern history. It has only been used three times in American history and can really only be invoked when the United States is either threatened or invaded by a foreign government. Its most notable use occurred during World War II, when President Franklin D. Roosevelt used it to detain and deport nationals of Axis powers, particularly Germans, Italians, and Japanese.

How Would the Trump Administration Use the Law?

In short, we don’t know just yet. But, CNN’s report suggests that the Trump Administration may use the Alien Enemies Act to bypass existing immigration laws and due process protections. By invoking this law, the administration could expedite deportations without the procedural hurdles typically required under current immigration statutes. While the details remain unclear, many legal experts speculate that this move could allow federal agencies to:

  • Target undocumented immigrants from specific countries by designating them as threats under national security justifications.
  • Sidestep due process by authorizing mass removals without the usual court proceedings.
  • Detain non-citizens without charge if they are classified as "alien enemies."

    • We have seen the Trump Administration target lawful permanent citizens like Mahmoud Khalil in recent days, and we know that the Administration plans to expand its powers to target green card holders and those here on student visas. Without seeing the proclamation, it is difficult to determine the extent of what is about to happen.

    Legal and Constitutional Concerns

    Immigration advocates and civil liberties groups are already sounding the alarm, arguing that invoking this centuries-old law could lead to serious constitutional violations. Key concerns include:

  • Lack of Due Process: Deporting individuals without court hearings or legal representation would violate Fifth Amendment protections.
  • Potential for Discrimination: The law could be selectively applied to target individuals from specific national, ethnic, or religious backgrounds, raising Fifth and Fourteenth Amendment concerns.
  • Expanded Executive Power: Critics argue that invoking a law designed for wartime could set a dangerous precedent for presidential authority over immigration.

    • If the Trump Administration moves forward with this, expect swift lawsuits to follow targeting implementation of the Alien Enemies Act in court, potentially leading to a significant legal battle over executive power and immigration policy.

    What Happens Next?

    While the Trump Administration has not yet formally invoked the Alien Enemies Act, its reported plans signal an unprecedented escalation in immigration enforcement. Legal challenges, congressional responses, and public outcry will likely shape how this situation unfolds in the coming days.

    For now, get ready, because this could be one of the most significant tests of immigration law in modern U.S. history.

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