In an impending move by the Trump administration, a little-known 18th-century law called the Alien Enemies Act of 1798 is set to be invoked to accelerate the President’s mass deportation agenda. This law grants the President significant authority to target and remove undocumented immigrants, with the primary focus being on the Venezuelan organized crime group known as Tren de Aragua (TDA), which has expanded its operations into the United States and other nations. Trump has directed his administration to label TDA as a foreign terrorist organization, enabling the removal of its identified members.
Although the announcement of this enforcement could happen imminently, the specific details are still being finalized by officials. The potential implementation of the Alien Enemies Act of 1798 is expected to facilitate expedited removals of certain immigrants. Notably, this law is traditionally meant to be invoked during wartime or when the US faces threats from foreign nations, raising legal challenges for its application in the current context.
Historically, the Alien Enemies Act has been utilized three times during times of war, including World Wars I and II, leading to detentions and expulsions of immigrants from Germany, Austria-Hungary, Italy, and Japan. This law also played a role in the controversial US policy of Japanese internment during World War II. As discussions surrounding the invocation of this law continue, there are concerns about its legality and potential repercussions on immigrant communities.