Alien Enemies Act: the controversial wartime law from 1798 that Trump could invoke for mass deportations
President Donald Trump said in his inauguration address that he planned to utilize the Alien Enemies Act of 1798 as part of his sweeping crackdown on immigration. Now, the Trump administration could go ahead with its plan to use the little-known wartime law to detain and deport undocumented immigrants, possibly as early as Friday, according to multiple sources including CBS News.
Critics worry it would give the president expanded authority to target and remove undocumented workers. The 227-year-old law could give Trump the power to arrest, detain, and deport non-U.S. citizens over the age of 14 who were staging an “invasion or predatory incursion,” which this administration would have to prove, despite that most immigrants come to the U.S. for better economic opportunities, to escape violence, and to provide a better future for their children.
Legal experts predict the courts would ultimately strike down the measure if the country isn’t being attacked by a foreign government. Nevertheless, a number of federal agencies are looking at ways to implement the law, according to CNN’s sources, who said one target are Venezuelans in Aurora, Colorado, who the Trump administration have accused of being members of the Tren de Aragua gang, although those claims have been fact-checked and disputed.
Most Americans (64%) polled by the Pew Research Center said undocumented immigrants should have a way to stay in the country legally if they meet certain requirements. However, Americans have mixed feelings about the issue, with three-quarters saying they are at least somewhat concerned about the number of immigrants entering the country illegally, and a majority supporting the enforcement of mass deportations.
The U.S. immigrant population, both legal and illegal, has grown over the decades, from 9.6 million in 1970 to almost 48 million as of 2023.