What is 'Alien Enemies Act' that Trump pledged to invoke
During his campaigning days, United States President elect Donald Trump promised to invoke the Alien Enemies Act of 1798 to carry out "Operation Aurora." This operation is named after the Colorado town, Aurora, which he alleges has been taken over by Venezuelan gangs. The Act, which is part of the Alien and Sedition Acts and passed amid fears of war with France, permits the president to detain and deport people from a "hostile nation or government" without a hearing.
What does the Act say
The Act says, "Whenever there shall be a declared war between the United States and any foreign nation or government ... and the President of the US shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies."
Act used 3 times in history
After his election in 1800, President Thomas Jefferson either abolished or allowed most statutes to expire, with the exception of the Alien Enemies Act, which has no expiration date. In 1918, Congress amended the law to include women. Overall, the Act has been utilized three times in American history. The first was during the the War of 1812, when President James Madison invoked that Act against British nationals living in the US.
Act invoked during world wars
The second time was during World War I, when President Woodrow Wilson invoked the act against people from Germany and its allies, including Austria-Hungary. The act was most recently invoked by President Franklin Roosevelt following the attack on Pearl Harbor, which resulted in the designation of Japanese, German, and Italian nationals as "alien enemies" during World War II.
Trump's deportation plan targets specific gangs
At a rally in October, Trump said we will "invoke the Act to target and dismantle every migrant criminal network operating on American soil." Trump plans to use the act against Mexican drug cartels and Venezuelan gang Tren de Aragua. However, legal experts argue that he lacks authority to use this act for mass deportations or against gang members. Katherine Yon Ebright from the Brennan Center for Justice stated that using the act in peacetime would be "a staggering abuse."
Legal experts question Trump's deportation strategy
Legal experts also note that illegal migration or drug smuggling doesn't amount to an invasion. Any attempt to use the act for mass deportations would likely face legal challenges. Steve Vladeck from Georgetown University highlighted existing immigration laws that permit deportations but noted resource constraints as a significant challenge for mass operations. Trump had promised mass deportations in 2016 but failed to deliver on the pledge. During his first presidency, two million deportations were recorded from fiscal years 2017-2020.
