Donald Trump is looking to impose an 18th-century law, last used to justify internment camps during World War II, to facilitate mass deportations.Since his inauguration, Trump has been implementing both new and revived initiatives to crack down on immigration in the U.S.In just a few weeks, he signed a series of executive orders to “reclaim control” of the states, raised tariffs on neighboring countries—Canada, Mexico, and China—to encourage their cooperation in stopping illegal immigration.He even threatened Colombia with similar sanctions for refusing to accept deportation flights, a move that seems to have worked, as the Colombian government allowed two planes carrying deported migrants into the country, according to the BBC. But that’s not all.
Trump signed a record-number of executive orders within days of his presidency
He’s also considered revoking student visas for foreign students and deporting them if they are found protesting against Israel, expanding Guantanamo Bay and opening a new detention center for deportees in Colorado, and proposed another idea to exile repeat criminal offenders of any nationality, including U.S. citizens, to distant lands in a “modern” take on a penal colony.Meanwhile, another executive order has sent the U.S. military to the Mexican border, with “border czar” Tom Homan revealing that the number of deportations will be “steadily increasing.”Now, Trump is reportedly planning to enact a wartime law to deport migrants accused of being gang members without any court hearings.What is the 1798 Enemies Act? The 1798 Enemies Act was enacted in response to spying and sabotage during tensions with France at the time, according to The Independent.Under the act, it can be revoked only in the case of a “declared war” or “any invasion or predatory incursion” against the U.S. government by a foreign government.The Enemies Act can remain in effect for as long as necessary until the President terminates it.
Deportations such as this one to Honduras on January 31 have been flying out of the US since Trump came into power
When was the act last used?
The act has been invoked three times in U.S. history. It was last used during World War II to justify internment camps for U.S. citizens of Japanese, German, and Italian descent—nations that were part of the Axis powers at the time. President Franklin Roosevelt declared them “alien enemies.”In 1812, it was used against the British, who were required to report information such as their place of residence, length of stay in the U.S., and whether they had applied for naturalization, according to NPR.During World War I, the law was used by President Woodrow Wilson against nationals from the German Empire, Austria-Hungary, the Ottoman Empire, and Bulgaria. The National Archives (via NPR) reports that 6,000 “enemy aliens”—mostly Germans—remained in internment camps for two years after the war ended in 1918.How could Trump use the act against migrants?
The act would allow Trump to quickly deport migrants accused of “invasion or predatory incursion,” as well as those deemed to be gang members, reports Reuters.The White House confirmed last month in an executive order that it was designating criminal cartels, like the Venezuelan gang Tren de Aragua, as terrorist organizations, triggering the law to allow legal deportations.However, Trump’s administration will have to contend with the fact that immigration courts are overwhelmed with a backlog of cases. The U.S. Citizenship and Immigration Service (USCIS) revealed in 2023 that it had reduced its backlog by 10 million for the first time, with some asylum claims sometimes taking years to process.
Campaigners staged a protest in support of immigration in Texas on Sunday
Trump’s vision of expedited removal for all illegal immigrants could be hindered by this, as the process can only apply to those who have been in the U.S. for two years or less. Migrants can still file for asylum, according to Reuters.The Alien Enemies Act could also face legal challenges, as courts have been previously divided on what constitutes an “invasion,” according to The Independent.In the 1990s, after a lawsuit against the federal government for allegedly failing to protect the state from an influx of illegal immigrants, courts ruled that there was no official standard for determining when a certain number of individuals constituted an “invasion.”Lee Gelernt, a leading attorney with the American Civil Liberties Union (ACLU), told Reuters: “Desperate families coming to our border to seek refuge do not constitute an invasion by a foreign government within the meaning of the law.”
