Trump has said he'll use the Alien Enemies Act of 1798 for mass deportations: Here's what it is
WASHINGTON - President Donald Trump has said he would invoke the Alien Enemies Act of 1798 to pave the way for faster mass deportations and illegal immigration.
Trump campaigned on implementing the wartime law, which allows the president to detain or deport the natives and citizens of an enemy nation.
With reports swirling that the president may enact this law soon, here’s a refresher on what that may mean.
What is the Alien Enemies Act of 1798?
The backstory:
The Alien Enemies Act allows the president to detain, relocate or deport non-citizens from a country that is considered an enemy of the United States during wartime.
Congress passed the Alien Enemies Act as part of the four Alien and Sedition Acts of 1798 when the U.S. was about to go to war with France.
When has the Alien Enemies Act been used?
The law has been invoked three times during major conflicts: the War of 1812 and World Wars I and II. During World War II, the law was used to detain Japanese Americans.
What are Trump’s plans?
Dig deeper:
The sweeping Alien Enemies Act authority may sidestep a law that bans the military from civilian law enforcement.
Trump has said he would focus on deploying the National Guard, whose troops can be activated on orders of a governor. Miller says troops under sympathetic Republican governors would send troops to nearby states that refuse to participate.
The military has been peripherally involved at the border since President George W. Bush’s administration with activities that are not deemed to be law enforcement, such as surveillance, vehicle maintenance and installing concertina wire.
What they’re saying: Trump has reportedly said he would use the law to target members of a violent gang called the Venezuelan Tren de Aragua (TdA), according to the New York Post.
TdA is an international gang that has committed a wave of violent acts across American cities, including taking over entire apartment complexes in Aurora, Colorado.
The group was recently designated a foreign terrorist organization by the Department of State.
FILE - A National Guard officer on a pickup truck stands guard during a check on vehicles heading to the United States at the Mexican side of the San Ysidro crossing port in Tijuana, Baja California state, Mexico, on Feb. 6, 2025. (Photo by Guillermo
The Source: Information for this article was taken from The Associated Press, FOX News, the National Archives website, reporting by NPR, USA Today, and the New York Post. This story was reported from Los Angeles.