New Delhi:
US President Donald Trump on Saturday invoked the Alien Enemies Act – a wartime law last used in World War II – to deport individuals linked to Venezuela’s Tren de Aragua gang. This was the first use of the act since World War II.
Now a federal judge has blocked the deportations. Trump’s order designated the Venezuelan gang as an “invading force”, but US District Judge James E Boasberg, an Obama appointee, froze deportations for two weeks and set a Friday hearing to review legal challenges.
What is the Alien Enemies Act?
The Alien Enemies Act is a United States federal law enacted in 1798 as part of the Alien and Sedition Acts. This legislation grants the President authority to detain or deport non-citizens from nations considered hostile during times of declared war or invasion.
Provisions
In times of declared war, the president can order the apprehension, restraint, and removal of citizens aged 14 and older from enemy nations residing in the US, based solely on their nationality.
The act allows these actions without the need for a court hearing, raising concerns about potential violations of constitutional rights such as due process and equal protection.
History
The act was introduced amid escalating tensions with France in the late 18th century, aiming to prevent espionage and sabotage by foreign nationals.
President James Madison applied the act for the first time during the War of 1812, to British nationals residing in the US.
During World War I, the act facilitated the detention and deportation of individuals from enemy nations.
During the second World war, the act was invoked to authorise the internment of Japanese, German, and Italian nationals, as well as Japanese-American citizens, a decision now widely criticised for violating civil liberties.
Can the President Use the Alien Enemies Act Without a Literal Invasion?
Historically, terms like invasion and predatory incursion were understood literally — referring to large-scale attacks or smaller military raids. Some politicians now argue for a broader reading, suggesting that unlawful migration or drug trafficking qualifies as an “invasion.” They see the law as a tool to enforce mass deportations. Past courts and presidents have consistently treated it as a wartime authority, not an immigration enforcement law.
Why Donald Trump Invoked The Act
Late Friday, the ACLU and Democracy Forward sued Trump’s administration, arguing that five Venezuelan men were at “imminent risk” of being deported under the Alien Enemies Act. Federal judge, James Boasberg, blocked their deportation, leading to an immediate appeal from the Justice Department.
Around the same time, the Trump administration struck a $6 million deal with El Salvador to imprison 300 suspected Tren de Aragua gang members. On Saturday, Trump declared the gang an invading force, invoking wartime powers to justify mass deportations.
Could A President Invoke It in Peacetime?
Legally, it would be an abuse of power. But the political question doctrine – which prevents courts from interfering in executive decisions on war and foreign policy – could limit judicial challenges.