President Donald Trump is preparing to invoke the Alien Enemies Act of 1798 as early as Friday, granting his administration extraordinary wartime powers to detain and deport certain migrants, including suspected gang members, without due process, according to multiple U.S. officials.
The Alien Enemies Act applies only during war or invasion, allowing the president to arrest, detain, and expel noncitizens from hostile nations. However, the U.S. is not currently at war, making the legal basis for Trump’s move highly contentious and likely to be challenged in court.
Trump plans to use the law to deport suspected members of Tren de Aragua, a Venezuelan gang his administration has labeled a foreign terrorist organization. Some deportees may be sent to Guantanamo Bay, where officials have reportedly been preparing holding facilities.
The law has been invoked only during actual wars, including World War II, when the U.S. detained Italian, German, and Japanese immigrants. Applying it in peacetime would be unprecedented and legally disputed.
Sources
- CBS News – MBFC Rating
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