In a move that could dramatically accelerate President Trump’s mass deportation plans, the administration is reportedly preparing to invoke a little-known 18th-century law to remove undocumented immigrants more swiftly. The law, known as the Alien Enemies Act of 1798, gives the president broad wartime authority to target and deport immigrants and is now being discussed by several agencies in the context of a broader crackdown on immigration.
Invoking the Alien Enemies Act
The Trump administration is said to be considering the use of the Alien Enemies Act, an antiquated law designed to give the president significant powers during wartime or in times of national security threats. While legal experts have cautioned that such a move would likely face significant challenges in court, sources familiar with the discussions suggest the law could soon be invoked, potentially as early as Friday.
The administration’s primary target under the proposed measure is Tren de Aragua (TDA), a Venezuelan organized crime group currently operating in the U.S. and other countries. Trump has previously ordered his administration to designate TDA as a foreign terrorist organization, which could open the door to the use of the Alien Enemies Act to remove individuals connected to the group.
Legal challenges and potential hurdles
While the law grants sweeping powers to remove undocumented immigrants linked to foreign threats, legal experts argue that invoking the Alien Enemies Act could face considerable legal challenges. The law was specifically designed to be used during times of war or when a foreign government has invaded or threatened the U.S. Experts have questioned whether the Trump administration could legally apply it when the U.S. is not at war with another nation or facing a direct foreign invasion.
Although gangs like TDA and other cartels may present significant national security concerns, the absence of a formal war or invasion could make it difficult for the administration to justify the use of the Alien Enemies Act. The law has been invoked only three times in U.S. history, all during wartime. During World War I and World War II, it was used to justify the detention and expulsion of immigrants from enemy nations, including German, Italian, and Japanese nationals. The law also played a role in the infamous policy of Japanese internment during World War II, a chapter in U.S. history widely criticized for its violations of civil rights.
Fast-tracking deportations
The move to invoke the Alien Enemies Act comes as part of President Trump’s ongoing pledge to swiftly deport undocumented immigrants from the U.S. If enacted, the new measure would likely allow for quicker removals of immigrants with connections to criminal organizations, particularly those linked to foreign terrorist groups. The announcement has been a moving target, as administration officials continue to finalize the details.
CNN reached out to the Department of Homeland Security for comment on the potential use of the law, but as of now, no formal statement has been made.
A controversial approach to immigration
The Trump administration has long prioritized aggressive measures to address illegal immigration, with a particular focus on cracking down on criminal gangs and organizations. However, the use of the Alien Enemies Act would mark a significant escalation in these efforts, raising questions about the balance between national security concerns and the civil liberties of immigrants.
As the administration prepares for this potentially landmark move, it remains to be seen how it will play out both legally and politically. With the law’s historical roots tied to wartime conditions, the current push to use it in a non-wartime context could lead to a protracted legal battle, with implications for the future of U.S. immigration policy.
