All you need to know about Trump’s plan to use the 1798 Alien Enemies Act for deportations
President Donald Trump announced plans to invoke the Alien Enemies Act of 1798 as part of efforts to deport millions of undocumented immigrants.
This rarely used law, created during tensions with France, allows the president to deport or detain individuals from hostile foreign nations who may pose a national security threat during wartime or in the event of an invasion.
The law was invoked during major conflicts, including the War of 1812 and World Wars. During World War II, President Franklin Roosevelt used it to justify the internment of people of Japanese, German, and Italian descent.
The Supreme Court has upheld the act as constitutional and ruled it can be applied even after wartime, as seen in the 1948 deportation of former Nazi Kurt Ludecke.
Trump's current focus is on whether foreign drug cartels operating in the U.S. could be classified as an "invasion" — a key condition for invoking the act. Courts have previously ruled that determining what constitutes an invasion is a political decision for the government, not the judiciary.
Critics argue the law has a troubling history, pointing to its use in interning American citizens during World War II. Some lawmakers have introduced efforts to repeal it, calling it a threat to civil rights.
As Trump's administration explores its options, questions remain about how the law could be implemented and its implications for immigration policy.
