Trump Proposes Using 1798 Alien Enemies Act to Combat Modern Immigration Issues

At a rally in Greenville, North Carolina, Donald Trump made headlines by proposing the use of a centuries-old law, the Alien Enemies Act of 1798, to address modern immigration challenges. Trump told his supporters that to combat criminal migrant gangs such as MS-13 and Tren de Aragua, the U.S. needed to “go back to 1798,” when, according to him, politicians were tougher.

“Think of that—1798. That’s when we had real politicians that said, ‘We’re not gonna play games.’ We have to go back to 1798 to target and dismantle every migrant criminal network operating on American soil. We’re gonna knock the hell out of them,” Trump declared, according to The Daily Beast.

The Alien Enemies Act, part of the Alien and Sedition Acts passed during a period of tension between the U.S. and France, grants the president the authority to detain, deport, or relocate non-citizens from countries deemed enemies of the U.S. during wartime. While other parts of the Alien and Sedition Acts have since been repealed or expired, the Alien Enemies Act remains in effect, though it has rarely been used in recent history.

The law states, “Whenever there shall be a declared war between the United States and any foreign nation or government… and the President of the United States shall make a public proclamation of the event, all natives… shall be liable to be apprehended, restrained, secured and removed, as alien enemies.”

Trump fumbled slightly when referencing the Act but quickly recovered, emphasizing, “That’s when we had real politicians who said we’re not going to play games.” Historically, the Act has been invoked a few times—during the War of 1812 to detain British nationals, during World War I under President Woodrow Wilson to detain over 6,000 German nationals, and most controversially during World War II when President Franklin Roosevelt used it to justify the internment of Japanese, German, and Italian nationals.

Despite its controversial past, Trump is now looking to revive the use of the Alien Enemies Act as part of his campaign. He declared, “I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil,” according to NPR. However, some local officials, like those in Aurora, Colorado, have downplayed Trump’s claims that Venezuelan gangs have taken control of certain areas, calling the gang’s influence “isolated.”

Earlier in Arizona, Trump reminisced, “Those were the old days when they had tough politicians… Think of that, 1798. Oh, it’s a powerful act. You couldn’t pass something like that today.” One significant hurdle to Trump’s proposal is that the Alien Enemies Act can only be invoked during a declared war, and the U.S. has not declared war since World War II.

Legal experts caution that attempting to classify illegal immigration or gang activity as an “invasion” to justify using the Act could face legal challenges. Moreover, many experts point out that the U.S. government already has the legal authority to arrest, detain, and deport undocumented immigrants under existing immigration laws, rendering the use of the Alien Enemies Act unnecessary.