Trump Eyes 18th-Century Law for Mass Deportations—But What Does It Really Mean?

Donald Trump has signaled his intent to invoke the Alien Enemies Act, a rarely used 1798 law, as part of his sweeping immigration crackdown. This obscure statute, originally designed to counter espionage and sabotage, grants the president the power to deport or detain individuals deemed a national security threat in times of war or invasion. But how does it work, and could it really be used today?

A Law from the Era of Muskets and Monarchies

The Alien Enemies Act was born out of tensions with France at the close of the 18th century, giving the U.S. president authority to act against non-citizens with allegiances to hostile foreign powers. It stipulates that the law can be activated during a declared war or when the country faces an invasion or “predatory incursion.” Once invoked, the president must make a public proclamation, and the law remains in effect until formally revoked.

A History of Controversial Use

The statute has seen action in key moments of American history. During the War of 1812 and both World Wars, it was used to detain and deport individuals from enemy nations. Woodrow Wilson leveraged it to restrict firearm access and limit movements of foreign nationals. Franklin D. Roosevelt took it a step further, using it to justify internment camps for Japanese, German, and Italian residents during World War II—a decision widely condemned today. Even after the war, President Harry Truman extended its use into the 1950s.

Legal Challenges and Supreme Court Precedents

Attempts to fight the act in court have largely revolved around citizenship questions rather than the law’s constitutionality. The Supreme Court upheld its use in 1948 when it ruled that a former Nazi could be deported under the act, even though World War II had ended. More recently, some lawmakers have pushed to repeal the law, arguing that it violates individual rights, especially given its role in past internments.

Defining ‘Invasion’—A Legal Gray Area

Trump’s renewed interest in the law hinges on a key question: what qualifies as an “invasion”? In 1990s legal battles, courts ruled that defining an invasion is a political question, not a judicial one. Judges also pointed out that the founding fathers likely intended the term to mean an armed assault by a foreign state—not an influx of migrants.

Now, Trump is directing his administration to explore whether foreign drug cartels could be classified as an invasion under the act. If his interpretation holds, it could pave the way for mass deportations using a law written before the invention of electricity. However, legal battles are almost certain to follow, making it unclear whether this 18th-century tool will withstand 21st-century scrutiny.

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