Understanding the Alien Enemies Act: A Closer Look at the 1798 Law Utilized by Trump
The president utilized the law to deport 250 members of the Venezuelan gang Tren de Aragua, a decision that is currently being challenged in court by the ACLU and other groups.
President Donald Trump has invoked the Alien Enemies Act, a law from 1798 that allows for the deportation of noncitizens during times of war or invasion.
The proclamation specifically targets individuals associated with the Tren de Aragua (TdA) gang, which Trump has linked to the socialist government in Venezuela. In February, Trump designated TdA as a foreign terrorist organization.
Following legal action by various organizations, the case remains unresolved.
Background of the Law
The Alien Enemies Act was part of the Alien and Sedition Acts passed in 1798 by the Federalist legislature during the Quasi-War between the United States and France.
This law empowers the president to deport citizens of a hostile nation during declared wars or invasions.
While rarely used in over two centuries, the law was first enforced against British nationals by President James Madison during the War of 1812.
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After Congress declared war on Germany in 1917, President Woodrow Wilson used a proclamation that applied to Germans and later to Austro-Hungarians, Bulgarians, and Ottoman nationals, resulting in registrations and internments.
During World War II, President Franklin Roosevelt utilized the act to intern noncitizen Japanese, German, and Italian nationals on a large scale. The internment of Japanese American citizens was done using different authority.
Commencement of Deportation Flights
Trump’s proclamation marks the first instance of using the law since World War II without a declared war situation.
Instead, Trump’s action is based on language authorizing such authority during “any invasion or predatory incursion … against the territory of the United States, by any foreign nation or government.”
On March 16, Secretary of State Marco Rubio announced the deportation of 250 TdA members to El Salvador, facilitated by a $6 million payment from the United States in exchange for taking back deportees whom Venezuela has refused.
Legal Challenges
The proclamation immediately faced legal challenges from attorneys representing five of the Venezuelan nationals, with support from the American Civil Liberties Union (ACLU) and Democracy Forward.
The complaint highlights the unprecedented use of the law by Trump, which historically was only utilized during wartime. It also raises concerns about the potential wider application of the proclamation to deport Venezuelan nationals.
In an initial ruling, Judge James Boasberg of the U.S. District Court for the District of Columbia ordered a two-week delay on the deportation of the five plaintiffs, later expanding it to a class-action certification for all affected by the decree.
“I do not believe I can wait any longer and am required to act,” Boasberg stated on March 15 prior to blocking the immediate implementation of the order. “A brief delay in their removal does not cause the government any harm.”
“This Court should halt this unprecedented intrusion upon the Executive’s authority to remove dangerous aliens who pose grave threats to the American people,” Bondi argued.
Responses from Legislators
Republican lawmakers criticized Boasberg for obstructing the deportation of violent criminals from the country.
Rep. Brandon Gill (R-Texas) pledged to introduce impeachment articles against Boasberg.
Rep. Andrew Clyde (R-Ga.) expressed his support for the move. However, the likelihood of an impeachment effort succeeding is low, as removing a federal judge requires the consent of two-thirds of the Senate.
Few Democrats have issued statements, but some have voiced opposition to the use of the Alien Enemies Act.
Rep. Juan Vargas (D-Calif.) and other House Democrats reintroduced the Neighbors Not Enemies Act on March 13, aiming to overturn the 1798 legislation. Vargas described the law as a “draconian, wartime law.”
A similar bill had been reintroduced in January in the Senate by Sen. Mazie Hirono (D-Hawaii).
Future Outlook
The fate of the proclamation rests with the judiciary, as Democrats or other dissenters have limited recourse due to Republican control of both houses of Congress.
Trump’s use of the law is unprecedented and hinges on the alleged connection between TdA and Maduro’s regime.
Boasberg’s temporary ruling could be overturned through Bondi’s appeal or upheld pending further legal proceedings.
