Trump has invoked the Alien Enemies Act of 1798. But what does this mean, exactly? The answer is troubling: it will allow the president to authorize the arrest, relocation, or deportation of any male over the age of 14 who hails from a foreign enemy country and authorizes detainment of any foreign citizens, regardless of their legal or criminal status.
Trump is now using it to deport Venezuelan citizens suspected of being a part of Tren de Aragua, a Venezuelan crime organization that the White House designated a Foreign Terrorist Organization in a proclamation on March 15.
U.S. District Judge James Boasberg blocked the plan mere hours after it was invoked, citing that it is meant to be a wartime act and therefore does not adhere to any of the normal immigration regulations. Until now, the law had only been used three times in American history, all during wartime. The last time it was invoked was during WWII by President Franklin D. Roosevelt. Noncitizens of enemy foreign nations — Japan, Germany, and Italy — were put into internment camps by the thousands, regardless of their ties to their countries of origin or how long they had been in the U.S. It is a stain on America’s record during the war, a gross abuse of power that the government only apologized for over 40 years later. Make no mistake, the invoking of this antiquated law poses a serious threat to the balance of powers in our government.
It is a classic example of an old law being used beyond its original purpose for the sole reason of expanding power. Trump’s invocation is less about national security and more about stoking more fear and division for political gain. This plan was set in motion years prior, with Trump saying that he planned to invoke the act in a rally in late 2023 at the beginning of his presidential campaign.
This effort to use wartime power for immigration enforcement is a massive overreach, and it shouldn’t be upheld by courts. The designation of foreign invasion as written in the law being applied to unorganized illegal immigration is a perfect example of the kind of loose reinterpretation of archaic laws that has too often been used by conservatives who claim to be Originalists, like Trump’s attempt to end birthright citizenship as enshrined by the 14th amendment.
We need to become more comfortable as a country bringing into question old laws like this one and reevaluating them under modern contexts. There is no reason for us to keep in effect a piece of legislation written nearly 250 years ago in a radically different world than the one we live in today.
By applying this law to target Venezuelan citizens suspected of ties to a criminal organization, the Trump administration is not only overstepping its authority but also risking the repetition of a dark chapter in American history.
This attempt should serve as a wake-up call to reevaluate and retire outdated laws that no longer align with contemporary values or circumstances. The Alien Enemies Act, written in a vastly different era, has no place in a modern democracy that prides itself on fairness, due process, and the rule of law. It’s time for us to critically examine such antiquated statutes and ensure that they cannot be weaponized for political purposes or used to undermine the rights of individuals. As a nation, we must learn from history — not repeat its mistakes.
The Zeitgeist aims to publish ideas worth discussing. The views presented are solely those of the writer and do not necessarily reflect the views of the editorial board.
