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President Donald Trump has yet again caused public outcry after he invoked a law that was enacted in the 18th century, outside its true purpose, to conduct the mass deportation of many undocumented migrants.
A central theme in his political career, President Donald Trump’s distaste for immigrants has been made well known. Often focusing on undocumented migrants, he has frequently voiced his concerns about the effect of their presence on crime and economic issues, despite no evidence.
As such, his promise to conduct ‘mass deportations’ reveals his tyranny under the guise of the president of the ‘free world’. His greatest effort yet, which has astonished many, is the invocation of an 18th-century law, to facilitate these mass deportations.
The Alien Enemies Act of 1798
As part of a series of acts called the Alien and Sedition Acts, The Alien Enemies Act of 1798 is a law that grants the US government significant powers to detain and deport non-citizens from nations deemed hostile during wartime. These acts were enacted at a time when there were heightened fears of a war with France and concerns about foreign influence within the US.
Though the act provides extensive powers to the executive branch of the government, it also includes some legal protections for those detained. Nevertheless, it allows for deportation without judicial review, which means that individuals can be expelled from the country without a court appearance.
The act has been invoked thrice in history, during notable conflicts such as the War of 1812, World War 1, and World War 2. Its most significant use was in World War 2 wherein the government invoked the law to justify the internment of German, Japanese, and Italian descendants.
Individuals were detained without evidence of disloyalty and were eventually deported, with the forced registration of many as ‘enemy aliens’.
Why is Trump invoking it?
To address what he perceives as a threat to national security, Trump invoked the act to take action against the Tren de Aragua, a Venezuelan gang. The Trump administration designated the gang as a foreign terrorist organisation and labelled their activities as an ‘invasion’ of the US.
He further went on to say that under the alleged direction of the Maduro regime in Venezuela, the members of the gang are conducting ‘irregular warfare’ against the nation.
However, this gang is not Trump’s only target. During a campaign rally, he stated that he would ‘invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil’. The rallies also saw him promise the initiation of ‘Operation Aurora’ to target those associated with criminal gangs such as Tren de Aragua.
His plan involves using law enforcement and military resources to conduct mass arrests and deportations under the facade of the Alien Enemies Act. This also includes workplace raises and potentially deputizing state and local police to assist in immigration enforcement.
