President Trump plans to invoke a 226-year-old law to facilitate mass deportations of illegal immigrants deemed threats to national security, becoming only the fourth administration in history to use this powerful legislation.
Key Takeaways
- President Trump intends to use the Alien Enemies Act of 1798 to expedite the removal of illegal immigrants considered national security threats.
- The Act has only been used three times previously in American history, during the World Wars.
- Trump has already signed executive orders declaring the southern border situation a national emergency and an “invasion,” creating the legal foundation for invoking this historical legislation.
- The policy specifically targets migrant criminal networks operating on American soil.
- Trump has directed his Cabinet to prepare facilities for expedited removals under this Act.
Historic Law Returns to Address Border Crisis
The Alien Enemies Act of 1798, a seldom-used piece of legislation from America’s early days, has emerged as a cornerstone of President Donald Trump’s immigration strategy. The law, which grants the president authority to apprehend, restrain, and remove non-citizens deemed threats during times of declared national emergency, has only been implemented three times in American history. Trump has positioned the current border situation as a similarly grave national emergency warranting this extraordinary measure.
Trump has already set the groundwork for invoking this Act through executive orders issued during his administration that officially declared the southern border situation both a national emergency and an “invasion” under constitutional terms. This legal classification creates the prerequisites necessary for utilizing the powerful deportation mechanism contained in the 1798 law.
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
Trump’s Border Strategy and National Security
The strategy focuses specifically on migrant criminal networks that Trump’s administration views as particularly dangerous to American citizens. Unlike broader immigration policies, this approach targets individuals and organizations involved in illegal activities like drug trafficking, human smuggling, and violence against American citizens. The policy demonstrates Trump’s perspective that the current border situation represents a genuine national security crisis requiring extraordinary measures.
A January executive order revealed the administration’s belief that a legitimate emergency exists “due to mass migration and drug flow across the border.” This declaration provides the legal framework necessary for employing the powerful 1798 law, which cannot be invoked during ordinary times. Trump has directed the Secretary of Homeland Security, Secretary of State, and Attorney General to collaborate on responding to what he has formally classified as an invasion.
Implementation and Historical Context
Trump has expressed admiration for the historical legislation’s power and straightforwardness. The January 20 executive order included instructions for Cabinet members to prepare facilities specifically designed for the “expedited removal of designated individuals” – language that closely mirrors the functions outlined in the Alien Enemies Act. This suggests concrete steps are already underway to implement the strategy should Trump return to office.
The potential use of this 226-year-old legislation represents a significant historical moment in American immigration policy. Only three previous administrations found conditions dire enough to warrant its implementation – all during officially declared wars. Trump’s administration appears poised to add the current border crisis to that short list of national emergencies deemed severe enough to justify these exceptional measures.
Sources:
Donald Trump Set to Invoke the Alien Enemies Act of 1798 for the Fourth Time in US History: Report
