The Trump administration is preparing to invoke an 18th century law, the Alien Enemies Act of 1798, as part of its sweeping immigration enforcement plans. Experts state the law would face an uphill battle in the court system. Additionally, several agencies are still determining how the law would be effectively enforced.
The Alien Enemies Act is one of four laws collectively referred to as the Alien and Sedition Acts. Enacted in 1798 during the John Adams presidency, the acts applied restrictions to immigration and speech. Alien Enemies Act gives the president additional powers to detain non-citizens during wartime. The law allows the President to-in times of war-target, detain, or deport natives and citizens of an enemy nation solely based on their citizenship status or national origin. The law was evoked during both world wars and was infamously used to unjustly hold Japanese Americans within internment camps during World War II.
Use of the law has been repeatedly flouted by immigration hardliners, arguing it would streamline the deportation process. Legal experts argue that, because the act is designed to be invoked if the U.S. is at war or under threat of invasion, it would be difficult for Trump to enforce this law. Experts especially note the additional strain cases surrounding this act would put on an already backlogged immigration court system.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
