Topline
Former President Donald Trump has suggested the possibility of using the Alien Enemies Act of 1798 to deport undocumented immigrants if he were to be elected. This law grants the president extensive authority to detain foreign nationals from countries with which the United States is at war. Republicans are considering the application of this law to migrants, even though no official declaration of war has been made.
Former President Donald Trump addressed the crowd near Sierra Vista, Arizona, on August 22, speaking at the U.S.-Mexico border.
Key Facts
In recent days, Trump has been emphasizing his plan to deport undocumented migrants en masse if elected, frequently referencing the Alien Enemies Act.
During a recent rally in California, he boldly stated his intention to utilize this law as a means to specifically target and dismantle every migrant criminal network that is operating within American soil.
Under the Alien Enemies Act, the president has the authority to order the apprehension, restraint, and removal of all male individuals who are at least 14 years old and are natives, citizens, denizens, or subjects of a country that the United States is at war with. This act allows the government to treat these individuals as alien enemies.
The law is applicable only to countries against which the U.S. has declared war or in the event of “any invasion or predatory incursion [that] is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.”
In the case of Ludecke v. Watkins, the Supreme Court affirmed the validity of the Alien Enemies Act in 1947. The court ruled that the United States could still take legal action against a German national, even after the war had concluded.
The Trump campaign’s Press Secretary, Karoline Leavitt, declined to comment on the specifics of how Trump would implement the policy or his reasons for choosing it over other legal procedures.
However, she did mention in a statement that the former president intends to reinstate his successful immigration policies, introduce new measures to combat illegal activities, and utilize all available federal and state resources to carry out the most extensive deportation operation in American history, targeting illegal criminals, drug dealers, and human traffickers.
Democrats and the media have criticized Trump’s use of the Alien Enemies Act, arguing that he is employing the same law that justified the internment of Japanese-Americans during World War II.
During the war, around 112,000 Japanese nationals and Americans of Japanese descent were held in camps as part of the U.S.’s conflict with Japan.
While the Alien Enemies Act was utilized to detain Japanese nationals, Vladeck points out that the broader internment orders, which also targeted American citizens, were enacted without any legal basis.
Consequently, the internment policy went beyond the limitations of the Alien Enemies Act, as it specifically applies to foreign nationals and does not authorize the detention of Americans of Japanese descent.
According to the National Archives, approximately 70,000 individuals interned were U.S. citizens.
Vice President Kamala Harris has yet to provide a detailed plan for how she would approach immigration. However, she has expressed support for a bipartisan border bill that was previously halted by Trump. This proposed legislation aims to implement stricter measures for border crossings and raise the requirements for claiming asylum.
It does not, however, advocate for the mass deportation of immigrants, a stance that Trump has advocated for. Harris has emphasized the need for comprehensive reforms in the immigration system. .
During her 2020 presidential campaign, she shifted her position on immigration, previously stating that she agreed with the decriminalization of unlawful border crossings.
However, she later clarified that there must be consequences for those who cross the border illegally, as there are existing laws that address and deal with such situations.