Former President Donald Trump has announced a plan to use a 226-year-old law to facilitate mass deportations of undocumented immigrants. This law, the Alien Enemies Act of 1798, was originally enacted to detain “enemy aliens” during wartime.
Why It Matters
The potential application of this act today raises concerns that it could lead to the wrongful detention of lawful immigrants and their U.S.-born children, particularly as legal challenges loom under a conservative-majority Supreme Court.
Key Details
During a recent campaign rally in Aurora, Colorado, Trump outlined his strategy to target undocumented immigrants linked to gangs. He stated that if re-elected, he would invoke the Alien Enemies Act to dismantle what he calls “every illegal migrant criminal network operating on American soil,” dubbing his initiative “Operation Aurora.” Trump has previously made unfounded claims that the Denver suburb is overrun by the Venezuelan gang Tren de Aragua.
Background on the Alien Enemies Act
The Alien Enemies Act allows for the detention and removal of immigrants only during a declared war with a foreign nation. Historically, it has been used during conflicts such as the War of 1812 and both World Wars. While it cannot be used against U.S. citizens, children of immigrants could be affected.
Legal and Political Implications
Experts warn that using this outdated law poses risks to constitutional rights and could be exploited by an authoritarian leader. Katherine Yon Ebright from the Brennan Center noted that invoking this law has gained traction among Republicans who frame migration as an “invasion.” She emphasized that such rhetoric conflates legal concepts with political narratives.
Trump’s campaign spokesperson, Karoline Leavitt, claimed that many Americans support mass deportations and trust Trump to handle immigration issues effectively.
Broader Context
Trump’s invocation of the 1798 law is part of a broader narrative in which he increasingly depicts immigrants as threats. He has made inflammatory comments linking undocumented immigrants to crime, alleging they are “poisoning the blood of our country,” rhetoric reminiscent of white supremacist ideologies.
Legislative Response
In response to these developments, Senator Mazie K. Hirono (D-Hawaii) introduced the Neighbors Not Enemies Act last year, aiming to repeal the Alien Enemies Act. Hirono criticized the law as xenophobic and called for its repeal due to its history of unjustly targeting immigrants.
As Trump continues to rally support with his hardline immigration stance, local officials in Aurora have pushed back against his claims, asserting that they misrepresent the community’s reality.
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