Trump Considers Using Centuries-Old Law to Expedite Deportations in the U.S.

The administration of former President Donald Trump is reportedly considering invoking the Alien Enemies Act, a piece of legislation dating back to 1798, which would grant him broad powers to conduct swift mass deportations. Insiders familiar with the discussions indicate that Trump's team has already finalized the necessary legal and administrative details to implement this strategy, making its activation quite likely.

According to CBS News, the law could be enacted as early as this Friday, authorizing the summary deportation of certain immigrants, potentially even to Guantanamo Bay, thereby ramping up the administration's immigration enforcement efforts. This 227-year-old statute gives presidents extraordinary authority to order the arrest, detention, and removal of non-citizens aged 14 and older who originate from nations deemed to be conducting "invasions or predatory incursions" against the United States.

Those affected by the Alien Enemies Act would not be entitled to judicial hearings or asylum interviews, as they would be processed under wartime emergency powers rather than regular immigration law. Instead, they could face detention and deportation with little to no due process, governed by Title 50, which encompasses U.S. war and defense laws.

Historically, this law has been rarely invoked, with notable uses during World War II to detain immigrants from enemy nations, including Italians, Germans, and Japanese in the U.S. On his first day back in the White House, Trump signaled his intent to use the Alien Enemies Act by issuing an executive order instructing the Secretaries of State and Homeland Security to prepare for its potential invocation and to ready facilities for expedited deportations.

A Legal Tool with Historical Precedent

The Alien Enemies Act, enacted under President John Adams in 1798, provides the president with extensive powers to target and expel undocumented immigrants during wartime or when facing foreign threats. It has been invoked sparingly, primarily during official armed conflicts. The Brennan Center notes its use during the War of 1812, World War I, and World War II, each time justifying the detention and expulsion of immigrants from enemy nations.

CNN reports that various government agencies have discussed implementing this law, with a particular focus on the Venezuelan-origin criminal group, the Tren de Aragua (TDA). Trump has directed his administration to label the TDA as a foreign terrorist organization and use this designation to eliminate identified members.

Potential Legal and Human Impact

Invoking the Alien Enemies Act in the absence of formal war could face significant legal challenges. "There is no military invasion or predatory incursion by a foreign nation," stated legal expert Ebright. "Regardless of whether you wish to apply it broadly or narrowly, we would oppose any invocation as an abuse of wartime authority."

Trump has argued that this law would grant him "tremendous authority" to swiftly act against gangs, cartels, and drug traffickers. During an October rally in New Mexico, he lamented the weakness of politicians and laws, noting that the current immigration judicial system, where cases can drag on for years, is a major obstacle to his mass deportation plans.

Legal challenges are expected, as the Alien Enemies Act's use in peacetime is unprecedented and may not withstand judicial scrutiny. George Fishman, former Deputy General Counsel for the Department of Homeland Security, stated that overcoming these hurdles would be a steep climb in federal court.

Detained immigrants affected by this law would likely face limited procedural protections compared to regular immigration processes. "The only procedural protection is that you have time to settle your affairs before being deported," said Ebright. Organizations like the American Civil Liberties Union (ACLU) and immigrant rights advocates are already preparing to counter any attempts to invoke this law.

Some Democratic lawmakers have been pushing to repeal the Alien Enemies Act. "This xenophobic law has been unfairly used against immigrants in the U.S. and should have been repealed long ago," declared Senator Mazie Hirono of Hawaii. As Trump moves forward with his plans for mass deportations, the legal community and civil rights defenders remain vigilant. Whether the president's legal strategy will clear judicial hurdles or become another failed attempt to tighten U.S. immigration policy remains to be seen.