The Alien Enemies Act of 1798 was last used to justify ‘internment camps’ in WWII
The president is celebrating after the Supreme Court gave the green light on using an 18th-century law last used during World War Two to fuel mass deportations.
Since taking office on January 20, President Donald Trump has been relentlessly crafting strategies to tighten immigration controls in the United States.
In the weeks following his inauguration, he wasted no time in signing a series of bold executive orders aimed at “reclaiming control” of the nation’s borders. One of his most controversial moves was resurrecting an obscure piece of wartime legislation—the Alien Enemies Act of 1798—designed to expedite the deportation of migrants accused of crimes, effectively bypassing traditional legal processes like court challenges. Originally passed in the wake of tensions with France, this 18th-century law was a response to espionage and sabotage during a time when the US had just gained independence from the British Empire.
Under the Alien Enemies Act, the president has the authority to invoke it during a “declared war” or in the event of an “invasion or predatory incursion” against the U.S. by a foreign government.
Once enacted, the law remains in effect as long as the president deems necessary. It has been invoked a handful of times throughout American history, most notably during World War II, when it was used to justify the internment of Japanese, German, and Italian citizens, who were considered enemies of the United States.
Now, under the Trump administration, the Act is being leveraged to authorize the detention and deportation of citizens from “enemy” nations. As of now, at least 137 people have already been removed under the law.
Just last month, a significant operation saw 261 individuals, allegedly tied to the Venezuelan gang Tren de Aragua or the notorious MS-13 gang, deported to the infamous El Salvador mega-jail CECOT, facilitated by this very legislation.
A lower court attempted to block these deportations on March 15, with the American Civil Liberties Union (ACLU) arguing that the Act required further scrutiny, according to BBC reports. However, on April 7, the U.S. Supreme Court ruled in favor of the president, granting him the power to expedite deportations of suspected gang members under the law—for now.
The justices have given the green light to the plan, but they ruled that deportees must be allowed the opportunity to challenge their removal.
In an unsigned decision, the Supreme Court emphasized that deportees must be given notice within a reasonable time and in a manner that allows them to seek habeas relief in the appropriate venue before their removal can take place. “The only question is which court will resolve that challenge,” the justices wrote.
Despite this, President Trump is celebrating the ruling as a major win. On his Truth Social platform, he declared, “The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!”
However, the American Civil Liberties Union (ACLU) is also calling the ruling a “victory.” Lead ACLU attorney Lee Gelernt commented, “We are disappointed that we will need to start the court process over again in a different venue, but the critical point is that the Supreme Court said individuals must be given due process to challenge their removal under the Alien Enemies Act.”
