The 18th century law was last used to justify ‘internment camps’ in WWII
The President is storming ahead with his plan to enforce an 18th-century wartime law to fuel mass deportations of immigrants.
Immigration has been one of the hottest topics for US President Donald Trump, who made his tough stance a cornerstone of his campaign. Just hours after taking office on January 20, he signed an executive order aimed at “protecting the American people against invasion.”
In line with this hardline approach, Trump has imposed heavy tariffs on Canada, Mexico, and China, seeking to pressure these nations into cooperating with efforts to curb the flow of migrants and illegal drugs across the US border.
Now, President Trump seems determined to push forward with his vision of mass deportations by resurrecting the Alien Enemies Act of 1798, a little-known law from the 18th century. According to CNN, the administration is planning to implement this law in the coming days.
The law would grant the Trump administration the power to expedite deportations of migrants, bypassing typical legal procedures. This could allow for the swift removal of non-US citizens accused of gang affiliations without the need for court hearings. Unsurprisingly, this move is expected to spark intense legal challenges. Originally passed in the wake of tensions with France and the recent independence from the British Empire, the Alien Enemies Act was designed to deal with espionage and sabotage, as noted by The Independent.
The Alien Enemies Act permits its application in cases of “declared war” or “any invasion or predatory incursion” against the United States by a foreign government, and it contains four provisions that restrict the rights of foreign-born Americans, according to the National Archives.
As long as the President does not terminate it, the law can remain in effect for as long as necessary. The Act states: “Whenever there shall be a declared war between the United States and any foreign nation or government … and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”
Historically, the Alien Enemies Act has been invoked three times, with the most infamous use being during World War II, when it was employed to justify the internment of Japanese, German, and Italian citizens—nations that comprised the Axis powers.
President Franklin Roosevelt once invoked the Alien Enemies Act, branding individuals of Japanese descent as “alien enemies” during World War II. Similarly, in 1812, it was used against the British, requiring them to provide details such as their place of residence, how long they had been in the U.S., and whether they had applied for naturalization, according to NPR.
During World War I, President Woodrow Wilson also utilized the law against nationals from the German Empire, Austria-Hungary, the Ottoman Empire, and Bulgaria. As NPR reports, around 6,000 “enemy aliens,” predominantly of German descent, were held in internment camps for two years after the war’s end in 1918.
Now, President Trump has echoed his intention to use the same law to target illegal immigrants, particularly focusing on dismantling organized crime rings. Sources told CNN that one of the primary targets is the Venezuelan crime syndicate, Tren de Aragua (TDA), which operates in the U.S. and other countries. Trump has previously stated, “I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil.”
