Understanding the 1798 Law Trump Utilized for Migrant Deportations
More than 200 Venezuelans, identified by the White House as gang affiliates, have been sent from the U.S. to a notorious prison in El Salvador. Of the 261 individuals deported, 137 were expelled under the Alien Enemies Act, according to a senior official. This law, dating back centuries, was activated by President Donald Trump, who accused the Venezuelan gang Tren de Aragua (TdA) of threatening an invasion or aggressive actions on U.S. soil.
The decision has faced backlash from human rights organizations, especially since a judge had temporarily halted the deportations. The White House argued that the judge's order was invalid and came after the deportations had already occurred.
The Alien Enemies Act provides the U.S. president with extensive authority to detain and deport citizens of an "enemy" nation without standard legal procedures. Enacted in 1798 amid fears of conflict with France, the law allows for the apprehension and removal of individuals from hostile nations during declared wars or invasions.
Historically, the act has been used only three times, all during wartime. Its last use was during World War II, when around 120,000 people of Japanese descent were detained without trial, and many were sent to internment camps. Individuals of German and Italian descent were also affected during this period. Prior instances include the War of 1812 and World War I.
Although this marks the first time Trump has used the act, he had previously mentioned it. In his inaugural address, he vowed to use it to remove foreign gangs and criminal networks from the U.S. In a recent proclamation, Trump accused TdA of posing an "invasion" threat, labeling its members as "alien enemies" subject to detention and deportation.
Rights groups have condemned Trump's action. The American Civil Liberties Union (ACLU) filed a lawsuit to halt the deportations, arguing that the U.S. is not at war. Lee Gelernt, an ACLU lawyer, stated that the law was being misapplied.
A federal judge attempted to block the deportations, but the White House dismissed the order as baseless, noting that the deportations had already been executed. El Salvador's President Nayib Bukele commented on social media, indicating the judge's intervention was too late.
Venezuela criticized the use of the act, claiming it unjustly criminalizes Venezuelan migrants and draws parallels to historical atrocities like slavery and Nazi concentration camps. Katherine Yon Ebright from the Brennan Center for Justice argued that Trump's invocation of the act was unlawful, suggesting it aimed to enable mass deportations based on ancestry rather than proven criminal activity.