Former President Donald Trump has vowed to revive one of the earliest pieces of federal legislation as part of his calls for mass deportations of illegal immigrants in the country — specifically those in gangs.
The controversial Alien and Sedition Acts, signed into law by President John Adams in 1798, were a trio of laws that were passed in the expected lead-up to a war with France, allowing for the swift deportation of noncitizens in America and the regulation of criticism against the government. While two highly controversial pieces of legislation were repealed or expired, the least controversial law of the trio, the Alien Enemies Act, has caught the attention of Trump.
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The former president has discussed using the Alien Enemies Act to accomplish his illegal immigrant deportation goals, renewing that call during his rally at Madison Square Garden in New York on Sunday.
“To expedite removals of Tren de Aragua, and other savage gangs like MS-13, which is equally vicious, I will invoke the Alien Enemies Act of 1798. Think of that, that’s how far back — that’s when they had law and order. They had some tough ones. The Alien Enemies Act of 1798, you hear that, Mr. Speaker? Get ready,” Trump said, telling House Speaker Mike Johnson (R-LA) to prepare for him to invoke the law.
The law allows for “all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies,” provided that the country is at declared war with a country or “any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.” The president must also make a proclamation of an invasion or incursion.
The Alien Enemies Act has been invoked three times: during the War of 1812 for British nationals, during World War I for German, Austro-Hungarian, Ottoman, and Bulgarian nationals, and during World War II for German, Italian, and Japanese nationals.
The usage for deportation usually occurs when a country or country’s government is at war with the U.S., which may cause some trouble if Trump were to invoke the law against foreign gang members. Congress could amend the law to include foreign gangs or make other modifications to clear any legal hurdles if Trump and the Republican Party are victorious in next week’s election.
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Mass deportations of illegal immigrants, a rallying cry for Trump in all three of his presidential runs, has become a popular policy point for the former president as the border crisis has taken the spotlight as a key issue.
A Scripps News-Ipsos poll released last month showed a majority of adults, 54%, support mass deportations of illegal immigrants, following similar polls in recent months showing support for the policy.