President Trump plans to utilize a powerful 226-year-old law, the Alien Enemies Act of 1798, to address what he calls an “invasion” at America’s southern border—marking only the fourth time in U.S. history this extraordinary measure would be employed.
At a Glance
- Trump intends to invoke the Alien Enemies Act of 1798 to expedite deportation of illegal immigrants
- The act authorizes removal of non-citizens during declared national emergencies
- Previously used only during World Wars I and II, this would mark just the fourth implementation in American history
- Trump has already laid groundwork through executive orders declaring a “national emergency” at the southern border
- The administration plans to target migrant criminal networks operating on American soil
A Revolutionary Approach to Border Security
The Alien Enemies Act of 1798 remains one of America’s oldest laws still on the books, yet few Americans had heard of it until recently. President Trump’s administration has signaled intentions to dust off this powerful legislation as part of a comprehensive strategy to address what they’ve characterized as a crisis at America’s southern border. The law grants extraordinary powers to deport non-citizens during times of declared national emergency—powers that have been exercised only three times previously in American history, all during major global conflicts.
Trump has spoken admiringly of the act’s potential on the campaign trail, noting its historical significance. “Those were the old days, when they had tough politicians. Think of that, 1798. Oh, it’s a powerful act. You couldn’t pass something like that today,” Trump stated, highlighting both the act’s extraordinary nature and his belief that contemporary politicians lack the resolve of America’s founders when facing threats to national security.
Setting the Legal Foundation
The Trump administration isn’t approaching this casually. They’ve been methodically establishing the legal groundwork necessary to invoke such a sweeping measure. Through executive orders, Trump has officially declared the situation at the southern border an “invasion” under constitutional definitions. This isn’t merely rhetorical—it’s a deliberate legal strategy establishing the preconditions needed to activate the Alien Enemies Act’s provisions.
“I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil.” – Donald Trump
A January executive order explicitly stated that a national emergency exists due to mass migration and drug flows across the border. This wasn’t just political posturing—it directed specific cabinet members to take concrete actions. The Secretary of Homeland Security, Secretary of State, and Attorney General have all been instructed to prepare for implementing this extraordinary measure, including readying facilities for the “expedited removal of designated individuals.”
Addressing Criminal Networks and Drug Trafficking
The administration’s focus appears targeted rather than indiscriminate. Trump has repeatedly emphasized that the policy aims specifically at removing illegal immigrants who threaten American safety and security, with particular attention to dismantling criminal networks operating across the border. Drug trafficking organizations, human smuggling operations, and transnational gangs appear to be primary targets of this potential enforcement action.
This approach mirrors historical applications of the Alien Enemies Act, which wasn’t designed for blanket deportations but rather to address specific national security threats from non-citizens during extraordinary circumstances. The difference, of course, is that previous implementations occurred during declared wars against foreign nations, while this application would target criminal networks operating across our borders.
A Historical Perspective
For context, the Alien Enemies Act has been invoked only during some of America’s most existential conflicts. It was used during World War I against citizens of Germany and during World War II against citizens of Japan, Germany, and Italy. These were moments when the nation faced genuine threats from foreign powers. Trump’s administration equates today’s border situation with similar levels of national emergency, pointing to drug deaths, crime, and what they describe as the overwhelming of border communities.
Whether this extraordinary measure will clear inevitable legal challenges remains to be seen. What’s clear is that the administration views conventional immigration enforcement as insufficient for addressing what they perceive as an extraordinary threat to American security. They’re reaching deep into America’s legal history to find tools robust enough to match what they characterize as an unprecedented crisis.
