Trump Just Dug Up a 228-Year-Old Law to Deport Venezuelans—Here’s Why It Matters
President Donald Trump recently invoked a 228-year-old law, the Alien Enemies Act of 1798, to bolster his mass deportation activities. The law grants the president sweeping power to imprison and deport undocumented people. Critics believe the invocation of the law is meritless and intended for use only during wartime. Republicans have built a case for this law to be enacted for years.
Invoking the Alien Enemies Act of 1798 is a dramatic display of power
Fearing an armed conflict with France, the Fifth Congress of the United States created four laws. These were the Alien and Sedition Acts of 1798. The Federalist Party controlled the Congress and pushed through the laws for fear that non-citizens would sympathize with the French. The Alien Enemies Act of 1798 is one of the four laws passed. The law is written to prevent internal conflict during wartime.
Presidents have invoked the law three times: during the War of 1812, World War I, and World War II. During World War II, the law allowed the federal government to arrest people of Japanese origin. The federal government placed people in internment camps between 1942 and 1946. Around 120,000 people of Japanese ancestry were caught up in the mass imprisonment in the 1940s.
The law gives President Trump sweeping authority
Critics claim that President Trump invoking the Alien Enemies Act of 1798 is an abuse of power. Invoking a wartime law when the U.S. is at peace is unprecedented and a dangerous precedent. The Republican Party’s past talking points are arguably being used to invoke the law.
According to the law, the president can invoke the law if the nation is at war with a foreign country. Additionally, the law can be invoked if an “invasion or predatory incursion” is “perpetrated, attempted, or threatened.” The president simply needs to make a “public proclamation” of the events to justify the law’s use. Furthermore, the law gives President Trump the authority to remove those deemed a threat.
Why does the law’s use matter right now
President Trump promised that he would use any means necessary to carry out his mass deportation activities. Invoking this specific law proves his commitment to any-means-necessary mass deportation.
For years, Republican officials have claimed an “invasion” along the southern border of the U.S. This talking point aligns with the section of the law giving President Trump sweeping authority to order mass detentions.
The Trump administration is using The Alien Enemies Act of 1798 to target members of the Venezuelan Tren de Aragua gang. The federal government recently designated the gang as a Foreign Terrorist Organization. As a result, around 300 Venezuelan migrants were recently deported.
The Trump administration defied court orders
Salvadoran President Nayib Bukele promised Secretary of State Marco Rubio the use of Salvadoran prisons. Citing the Alien Enemies Act of 1798, the Trump administration deported nearly 300 Venezuelans. The decision allegedly defied a court order from a federal judge.
U.S. District Judge James Boasberg blocked the invocation of the law. The decision is a response to a lawsuit filed by the American Civil Liberties Union and Democracy Forward. The lawsuit was preemptive in anticipation of President Trump invoking the law to deport five Venezuelan migrants.
Hours after President Trump’s proclamation, Judge Baosberg blocked the invocation of the law. During the hearing, two planes with migrants took off for Honduras and El Salvador. The judge ordered that the planes turn around midair and return to the U.S., but it appears they landed.
Salvadoran President Bukele posted on X (formerly Twitter), “Oopsie… Too late 😂” with a screenshot of the judge’s order headline. It is unclear what lies ahead in this legal battle. According to NBC News, Trump administration officials are confident they will win the case at the Supreme Court.
