By Amisha Patel, Staff Writer
On March 15, 2025, President Donald Trump invoked the Alien Enemies Act of 1798 for the first time since World War II.[1] The decision to invoke this act was made in part with the aim to deport individuals allegedly associated with the Venezuelan gang, Tren de Aragua, without giving them the opportunity to appear before a judge.[2] The act has been linked to some of the darker chapters in American history, as it has been misused in the past to deport and imprison non-citizens from enemy nations in internment camps. [3] This decision is a part of President Trump’s broader plan involving the mass deportation of undocumented immigrants, under which he has given federal immigration officers a national quota of 1,200 arrests a day. [4]
The Alien Enemies Act originated in 1798, during a period of escalating tensions between the United States and France. [5] Signed into law by President John Adams, it was one of the four Alien and Sedition Acts, all of which faced strong opposition for their apparent allowance of overreach by the executive branch. [6] The act grants the president the authority to detain and deport foreign nationals from countries deemed hostile to the United States. [7] While originally intended to prevent foreign espionage or sabotage during wartime, it has frequently been criticized for enabling racial profiling and discriminatory enforcement.[8] The Alien Enemies Act has been invoked three times, during the War of 1812, World War I, and World War II.[9] Under its provisions, the president can only invoke the act during a declared war or in response to a foreign threat of invasion. The Constitution grants Congress the power to declare war, requiring the president to wait for democratic debate and a congressional vote to invoke the Alien Enemies Act.[10] However, the president can invoke the law without Congress’s approval in response to a foreign threat of invasion or ongoing invasion.[11]
The Alien Enemies Act was infamously invoked during World War II following the attack on Pearl Harbor carried out by Japan. [12] Fearmongering and xenophobia led to forced relocation and internment of Japanese people residing in the west coast.[13] President Franklin D. Roosevelt issued Executive Order 9066 under the broad justification of “public danger,” resulting in the incarceration of approximately 120,000 individuals of Japanese descent.[14] Of those incarcerated, two-thirds were born and raised in the U.S. [15] They were given little time to arrange their property and businesses before being forcibly removed from their homes and sent to one of ten established internment camps.[16]Japanese Americans endured three years of surveillance, inhumane living conditions, and hostility in these camps. [17] This dark chapter in American history concluded with the passage of the Civil Liberties Act of 1988, signed by President Ronald Reagan. [18] The act formally apologized to the Japanese Americans who were forced to live in the internment camps for the injustice they suffered and provided those affected $20,000 in reparations. [19] However, many felt that this compensation fell far short, as Japanese Americans had collectively lost an estimated $400 million in property, while Congress only distributed $38 million in reparations. [20]
The experience of Japanese Americans under the Alien Enemies Act serves as a reminder for the act’s potential to fuel racism and prejudice based on ancestry and fearmongering. The law has been manipulated to justify discrimination under the guise of national security. Despite the absence of a formal declaration of war, President Trump has framed the surge of undocumented immigrants at the border as an “invasion” to justify his use of the act. [21] A federal judge has since blocked the order and multiple organizations have filed lawsuits against the administration over its use of the act in this context. [22] However, the administration proceeded with the deportations, as planes carrying the migrants implicated were already in transit at the time of the ruling.[23]
Among those affected by Alien Enemies Act are Venezuelan immigrants who have no criminal records. [24]Many have been arrested and deported to a prison in El Salvador without due process, raising serious human rights concerns.[25] The administration has provided little to no concrete evidence linking deportees to criminal activity. [26] Venezuelan soccer player, Jerce Reyes Barrios, was deported based on weak circumstantial evidence.[27] Evidence of his alleged gang affiliation was inferred from a tattoo of a crown and a decade-old Facebook photo in which he made a hand gesture. [28] The tattoo was proven to be the logo of his favorite soccer team, Real Madrid, by his tattoo artist. Barrios was detained while attending his CBP One appointment, leaving behind his wife and two children. [29]
The Alien Enemies Act’s broad language makes it vulnerable to misuse. While national security is a legitimate concern, history has shown that the reckless use of such laws often results in the persecution of innocent individuals. The implications of this decision extend beyond immigration policy, raising concerns about civil liberties, due process, and the balance of power in American democracy.
[1] https://www.nbcnews.com/politics/donald-trump/alien-enemies-act-know-1798-law-trump-invoked-deportations-rcna196688.
[2] Id.
[3] https://www.npr.org/2025/03/18/nx-s1-5331857/alien-enemies-act-trump-deportations.
[4] https://www.texastribune.org/2025/02/12/texas-immigrants-deportation-operation-trump-eisenhower/.
[5] https://www.npr.org/2024/10/19/nx-s1-5156027/alien-enemies-act-1798-trump-immigration
[6] https://www.battlefields.org/learn/articles/alien-and-sedition-acts
[7] https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] https://www.archives.gov/education/lessons/japanese-relocation
[13] Id.
[14] Id.
[15] https://www.nationalww2museum.org/war/articles/japanese-american-incarceration
[16] Id.
[17] https://www.archives.gov/education/lessons/japanese-relocation
[18] Id.
[19] Id.
[20] https://www.nationalww2museum.org/war/articles/japanese-american-incarceration.
[21] https://www.npr.org/2025/03/17/nx-s1-5329815/alien-enemies-act-lawsuit-trump.
[22] Id.
[23] Id.
[24] https://abcnews.go.com/US/el-salvador-prison-holding-alleged-venezuelan-gang-members/story?id=120178927.
[25] Id.
[26] https://www.cbsnews.com/news/kristi-noem-visits-el-salvador-prison-holding-deported-venezuelans/.
[27] https://www.npr.org/2025/03/27/nx-s1-5341544/why-a-venezuelan-soccer-player-was-deported-to-a-prison-in-el-salvador-a-tattoo.
[28] Id.
[29] Id.