President Trump is set to invoke a 226-year-old law that would allow for mass deportation of illegal immigrants, marking only the fourth time in American history this powerful act has been used.
Key Takeaways
- Trump plans to invoke the Alien Enemies Act of 1798, which allows for deportation of non-citizens during national emergencies.
- The act has only been used three times previously in U.S. history, all during World Wars I and II.
- Trump has already laid groundwork through executive orders declaring the southern border situation an “invasion” and national emergency.
- The policy specifically targets illegal immigrants who are deemed threats to national security.
- Cabinet members have been instructed to prepare facilities for expedited removal of designated individuals.
Historic Law Returns to Address Modern Border Crisis
President Donald Trump has announced plans to invoke the Alien Enemies Act of 1798, a powerful but rarely used legal mechanism that would expedite the expulsion of illegal immigrants. This law, created in the early days of the republic, permits the president to deport foreigners considered dangerous during declared national emergencies. If implemented, this would mark only the fourth time in American history the act has been used, with previous implementations occurring only during war time.
Trump has repeatedly emphasized the historical significance and power of this act during his presidential campaign. During his rallies, he has specifically highlighted how the law can be used to target and dismantle migrant criminal networks operating within American borders. The former president has set the stage for invoking this law through executive orders that declare the situation at the southern border as both an invasion and national emergency.
Pres. Trump is expected to invoke the Alien Enemies Act — a wartime law that allows the president to detain or deport "natives" and citizens of an enemy nation — in order to carry out mass deportations, according to two officials familiar with the matter. https://t.co/D4Xe7XcGwr pic.twitter.com/G0ePySpwbH
— ABC News Politics (@ABCPolitics) March 13, 2025
Constitutional Justification and Executive Actions
In January, President Trump issued an executive order explicitly declaring the situation at the southern border an invasion under the U.S. Constitution. This order specifically cited the mass migration of individuals and the flow of deadly drugs across the border as creating conditions that constitute a national emergency. This legal groundwork appears designed to satisfy the conditions necessary for invoking the Alien Enemies Act, which requires such a declaration.
The executive order directed the Secretary of Homeland Security, Secretary of State, and Attorney General to take immediate and decisive action against what Trump describes as an invasion at the southern border. The language in these orders specifically emphasizes the need to ensure that aliens present in the United States do not pose threats to national security or public safety, providing further justification for the potential use of this historical act.
Implementation and Preparation
A January 20 executive order provides evidence that the administration is preparing for the implementation of the Alien Enemies Act. This order specifically instructed Cabinet members to prepare appropriate facilities for the detention and expedited removal of individuals designated under the act. These preparations indicate the seriousness with which the administration is approaching this policy and suggest that implementation could occur quickly once formally invoked.
The policy specifically targets illegal immigrants who are deemed threats to American safety and security, rather than all undocumented residents. Trump’s statements on the matter have consistently emphasized focusing on criminal elements and networks within the illegal immigrant population. This approach represents a significant shift in immigration enforcement strategy, placing national security concerns at the forefront of deportation priorities.
Sources:
Donald Trump Set to Invoke the Alien Enemies Act of 1798 for the Fourth Time in US History: Report
