Trump To Use 1798 Alien Enemies Act for Immigration Crackdown

Jonah Flanagan || Issue 13 || February 19, 2025

President Donald Trump is planning to take aggressive action on immigration by invoking the 1798 Alien Enemies Act, a wartime law that has not been used since World War II. This law would allow him to deport immigrants alleged to be gang members without going through the normal court hearings, thereby bypassing due process rights. Trump’s intention to use the Alien Enemies Act marks a significant escalation of his immigration crackdown. Originally designed to target foreign nationals during times of war, the law could be applied more broadly to swiftly remove migrants, including potentially those not charged with any crimes. This unconventional use of the law could significantly boost his push for mass deportation.

The White House has announced plans to designate criminal cartels and gangs, such as the Venezuelan gang Tren de Aragua, as terrorist organizations. This designation would enable the administration to use the Alien Enemies Act to deport individuals deemed part of an “invasion or predatory incursion,” bypassing the usual legal proceedings. While the Trump administration’s plans are likely to face legal challenges, the president seems determined to test the limits of his authority regarding immigration. Opponents argue that the Alien Enemies Act should not be used to intensify deportations in the absence of an actual conflict. However, the administration believes that invoking the law could establish presidential power to carry out such actions in the future.