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Trump Seeks to Invoke 1798 Alien Enemies Act for Mass Deportations

The rarely used wartime law could allow deportation of alleged gang members without court hearings, raising legal and ethical concerns.

Members of the Texas National Guard stand guard near the border wall between Mexico and the United States, as seen from Ciudad Juarez, Mexico, January  14, 2025. REUTERS/Jose Luis Gonzalez/File Photo
Posters to be distributed to community members ahead of anticipated raids by U.S. Immigrations and Customs (ICE) are stacked on a table in Denver, Colorado, U.S., January 29, 2025. REUTERS/Cheney Orr/File Photo
U.S. President Donald Trump looks on, on the day he signs an executive order in the Oval Office at the White House in Washington, U.S., January 31, 2025. REUTERS/Carlos Barria/File Photo
President Donald Trump talks to reporters after signing an executive order, "Unleashing prosperity through deregulation," in the Oval Office on January 31, 2025 in Washington, DC.

Overview

  • President Donald Trump has directed preparations to implement the Alien Enemies Act of 1798 to expedite deportations of alleged gang members and others deemed threats to national security.
  • The law, previously invoked during wartime, allows the president to bypass due process for individuals with foreign allegiances during a declared war or invasion.
  • Critics argue that the act's application to immigration enforcement lacks legal basis, with opponents emphasizing its historical use in discriminatory practices such as World War II internment camps.
  • Trump's administration plans to designate certain criminal cartels and gangs as terrorist organizations, framing their presence as an 'invasion' to justify the act's use.
  • Legal challenges are anticipated, with civil rights groups and Democratic lawmakers pushing to repeal the act, citing concerns over constitutional violations and human rights.