Trump has made deporting illegal immigrants, especially members of criminal organizations such as Tren de Aragua, a priority of his second administration. With the help of border czar Tom Homan, the Trump administration deported 11,000 people last month and the United States has had record-low border crossings.
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Trump promised to use the Alien Enemies Act while he was on the campaign trail in October.
“To expedite removals of Tren de Aragua, and other savage gangs like MS-13, which is equally vicious, I will invoke the Alien Enemies Act of 1798,” he said before telling House Speaker Mike Johnson (R-LA) to prepare for the move. “Think of that, that’s how far back — that’s when they had law and order. They had some tough ones. The Alien Enemies Act of 1798, you hear that, Mr. Speaker? Get ready.”
The president is reportedly expected to issue a presidential proclamation invoking the act as soon as Friday. Here’s everything you should know about it.
What is the Alien Enemies Act of 1798?
The Alien Enemies Act was part of a package of laws called the Alien and Sedition Acts passed and signed into law by President John Adams in 1798, which were designed to restrict immigration and speech. The other three laws, all of which are no longer in effect, were the Alien Friends Act, the Sedition Act, and the Naturalization Act.
Only the Alien Enemies Act of 1798 is still in use.
The act is designed to give the government power to deport citizens in time of war. Specifically, it would allow the government to deport any alien from a country at war with the United States. Adams called the package of laws “war measures.”
How will Trump use it?
Trump will use the law to broaden his immigration powers, but it’s unclear how. The “aliens” in the U.S. are from a variety of countries, and the act specifies that it can be invoked in times of “declared war.” The president does not have the power to declare war, only Congress, so even if Trump wanted to declare war, he would not be able to alone.
The Alien Enemies Act of 1798 has been used in the past to justify deporting immigrants who are lawfully present in the country, raising concerns from pro-immigration advocates that Trump may do the same.
When has the law been invoked?
The law has only been invoked during war, namely the War of 1812, World War I, and World War II.
It was first used against British nationals during America’s conflict with the United Kingdom during the War of 1812 before being used more widely in the two worldwide conflicts.
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In World War I, President Woodrow Wilson used the act to intern and deport German and Austro-Hungarian immigrants, even using it several years after the war’s conclusion.
World War II saw it used to intern and deport Japanese, German, and Italian immigrants. More notably and controversially, Japanese immigrants were mostly targeted for internment. The move to target Japanese immigrants drew allegations of racism against the U.S. for years, and in the 1980s, the government apologized for the action.
