- Trump administration eyes Alien Enemies Act for rapid deportations
- Law last invoked during WWII to detain Japanese non-citizens
- Policy bypasses standard immigration hearings, raising due process concerns
- Historical parallels to 1940s internment camps draw sharp criticism
- Texas border operations cited as potential enforcement blueprint
Senior officials confirm the White House is preparing to leverage the 1798 Alien Enemies Act, a dormant wartime statute, to authorize large-scale removals of undocumented migrants. This Cold War-era law permits the detention and expulsion of foreign nationals from enemynations during declared conflicts, though legal scholars note its provisions haven't been systematically applied since the 1940s.
The proposed strategy would enable immigration authorities to deport individuals from unspecified adversarial countries without standard judicial reviews. Historical records show the Act was partially employed during World War II to detain 2,700 Japanese nationals, though Executive Order 9066 facilitated the broader incarceration of 120,000 Japanese-Americans. Modern civil rights advocates warn that reactivating this framework could establish dangerous precedents for executive overreach.
Three unique insights emerge from policy analysts: First, the move coincides with reduced congressional funding for border agencies, suggesting administrative workarounds. Second, ICE personnel would require military-style logistical support for mass operations. Third, diplomatic relations with Central American nations might deteriorate if their citizens become deportation targets under the enemydesignation.
Arizona's recent immigration enforcement surge offers a regional case study. Maricopa County saw 23% higher deportation rates in 2023 following state-funded border patrol expansions, though federal courts later blocked portions of SB1070-inspired policies. This tension between state and federal authority previews potential legal battles over the Alien Enemies Act's application.
Constitutional experts highlight significant challenges. Georgetown Law's Catherine Kim notes: The Act requires a formal declaration of war, which hasn't occurred since 1942. Creative interpretations of modern ‘enemies’ could unravel checks and balances.Meanwhile, DHS reports indicate 340,000 migrants from Venezuela and Iran – both currently under U.S. sanctions – might face immediate expulsion if the policy proceeds.