President Trump plans to invoke a 226-year-old law that would give him unprecedented powers to address the southern border crisis and expedite deportations of illegal immigrants.
Key Takeaways
- Trump intends to use the Alien Enemies Act of 1798, which has only been used three times in U.S. history during wartime.
- The Act would allow for expedited removal of non-citizens deemed threats to national security during a declared emergency.
- Trump has already laid groundwork through executive orders declaring the southern border situation an “invasion” and national emergency.
- The policy specifically targets criminal migrant networks operating within American borders.
- Preparations include directives to multiple Cabinet departments to prepare facilities for expedited removals.
A 226-Year-Old Law for Modern Immigration Challenges
The Alien Enemies Act of 1798 stands as one of America’s oldest federal laws still on the books. President Trump’s plan to invoke this historic legislation marks only the fourth time it would be used in U.S. history. The law grants the president extraordinary authority to detain and deport non-citizens during times of declared national emergency or war, bypassing many of the procedural hurdles that currently slow the deportation process. Trump has specifically highlighted the law’s potential effectiveness in addressing what his administration describes as an immigration crisis at the southern border.
During his campaign and presidency, Trump has consistently characterized the situation at the southern border as an invasion requiring immediate and decisive action. His January executive orders laid important legal groundwork by formally declaring a national emergency due to mass migration and illegal drug trafficking across the border. This declaration is a critical prerequisite for invoking the powers granted under the Alien Enemies Act, which requires the existence of a national emergency or declared war.
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
Targeting Criminal Networks
The president has been specific about the intended targets of this policy. Rather than indiscriminate mass deportations, Trump’s stated focus is on criminal elements operating within the immigrant population. Cabinet officials have reportedly been instructed to prepare facilities and protocols for expedited removal of individuals designated as threats to national security. The policy appears particularly aimed at dismantling organized criminal networks that facilitate drug trafficking, human smuggling, and other illegal activities across the southern border.
Trump’s executive orders have directed the Secretary of Homeland Security, Secretary of State, and Attorney General to coordinate efforts against what he terms an invasion. The January 20th executive order specifically instructs these officials to prepare appropriate facilities and protocols for the expedited removal of designated individuals. This multi-agency approach suggests a comprehensive strategy aimed at rapidly implementing the new policy should the Alien Enemies Act be formally invoked.
Historical Context and Modern Application
The Alien Enemies Act has a complex historical legacy, having been implemented during periods of significant national crisis. Its previous uses during World Wars I and II resulted in the detention and deportation of thousands of German, Italian, and Japanese nationals.
The plan represents a significant departure from recent immigration enforcement approaches. By framing the situation as a national emergency and classifying certain illegal border crossings as acts of invasion, the Trump administration would establish the legal justification for employing this rarely-used power. While critics will likely challenge this approach in court, the administration appears prepared to argue that the extraordinary circumstances at the border warrant extraordinary measures under established federal law that has withstood constitutional challenges for over two centuries.
Sources:
Donald Trump Set to Invoke the Alien Enemies Act of 1798 for the Fourth Time in US History: Report
