President Trump plans to resurrect a 226-year-old law to swiftly deport illegal immigrants, marking only the fourth time in American history this powerful act would be used.
Quick Takes
- Trump intends to invoke the Alien Enemies Act of 1798, a law originally designed for wartime, to address what he calls an “invasion” at the southern border.
- The law has only been used three times previously in US history, during World Wars I and II.
- Trump has already laid groundwork through executive orders declaring a national emergency at the border.
- The policy specifically targets illegal immigrants deemed threats to national security.
- Cabinet members have been instructed to prepare facilities for expedited removals.
Historical Law Being Repurposed for Border Crisis
President Donald Trump is preparing to utilize the Alien Enemies Act of 1798 to address what his administration considers a border emergency. This centuries-old legislation grants the president authority to expel foreign nationals deemed threats to national security during declared emergencies. The act has been invoked only three times previously in American history, all during periods of declared war. Trump’s application of this law to immigration enforcement represents a significant shift in how border security policy is implemented and demonstrates his administration’s determination to use all available legal mechanisms to address illegal immigration.
During his campaign, Trump frequently highlighted the historical significance and power of this legislation. “I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil,” Trump declared, emphasizing his intent to employ this sweeping authority. The act gives the executive branch considerable latitude in determining which non-citizens pose potential threats and authorizing their removal through expedited processes, bypassing many of the procedures that currently slow deportations within the immigration court system.
Pres. Trump is expected to invoke the Alien Enemies Act — a wartime law that allows the president to detain or deport "natives" and citizens of an enemy nation — in order to carry out mass deportations, according to two officials familiar with the matter. https://t.co/D4Xe7XcGwr pic.twitter.com/G0ePySpwbH
— ABC News Politics (@ABCPolitics) March 13, 2025
Declaring a National Emergency
The foundation for invoking the Alien Enemies Act has already been established through Trump’s executive orders that formally declared a national emergency at the southern border. These orders specifically characterized the situation as an “invasion” under the U.S. Constitution, triggering emergency powers. The executive order stated explicitly that a national emergency exists due to mass migration and drug trafficking across the border, positioning these issues as matters of national security rather than routine immigration enforcement challenges.
This characterization is crucial to the legal justification for employing the Alien Enemies Act, as it establishes the prerequisite emergency conditions. Trump’s orders directed the Secretary of Homeland Security, Secretary of State, and Attorney General to coordinate efforts against what the administration terms an invasion. The strategy represents a different approach from previous immigration enforcement initiatives by framing border security as a matter of defending against hostile foreign elements rather than simply managing migration flows.
Implementation and Preparation
Evidence of preparations to implement the Alien Enemies Act appeared in a January 20 executive order that instructed Cabinet members to prepare appropriate facilities for the expedited removal of designated individuals. This order signals that the administration anticipates a significant enforcement operation requiring dedicated detention capacity. Unlike conventional deportation procedures, actions under the Alien Enemies Act could potentially bypass many of the legal processes that currently delay removals, allowing for more rapid expulsions of individuals deemed security threats.
The policy specifically targets illegal immigrants who allegedly threaten American safety and security rather than all unauthorized migrants. This focus on security threats rather than immigration status alone represents a strategic approach that may be more defensible under legal scrutiny. By emphasizing national security concerns rather than immigration enforcement alone, the administration positions these actions as protective measures for American citizens rather than purely as immigration policy, potentially broadening public support for these measures among those concerned about border security.
Sources:
Donald Trump Set to Invoke the Alien Enemies Act of 1798 for the Fourth Time in US History: Report
