Trump Plans To Invoke Alien Enemies Act for Expulsions

pile of passports with the word deportation written on a sticky note attached to top

Donald Trump’s proposal to use the Alien Enemies Act for mass deportations unveils a web of legal and ethical issues.

At a Glance

Trump plans to exploit the Alien Enemies Act for deporting immigrants, typically reserved for wartime.
Legal challenges cite that the Act is misapplied without a formal war declaration.
Trump’s plan includes severe measures like a 10-year jail term for re-entry.
Experts predict significant logistical, legal, and social consequences.

Using Wartime Legislation for Immigration Control

Donald Trump plans to activate the Alien Enemies Act of 1798 to deport immigrants, including those from nations not at war with the U.S. Historically, this act has only been utilized during times of declared war or invasion. Legal scholars have pointed out that interpreting the Act for non-war circumstances stretches its intended use and may contravene constitutional protections. Trump’s plan envisions deploying federal law enforcement and potentially military forces to manage deportations.

Legal experts assert that the Alien Enemies Act cannot rightfully be applied against migrants from nations that are not involved in a war with the U.S. They argue it is a wartime statute designed to handle nationals of enemy nations during conflict. Furthermore, they emphasize the potential constitutional breaches that may arise, pointing out how courts have previously struck down laws perceived to target immigrants based on race or ancestry.

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— Ahilan Arulanantham (@ahilan_toolong) June 26, 2024

Implications and Intended Measures

The administration’s extensive plans include the arrest and deportation of criminal gangs and undocumented immigrants by deploying “elite squads.” Trump announced, “And if they come back into our country, they will be told it is an automatic 10-year sentence in jail with no possibility of parole.” Moreover, he advocates for stringent penalties such as the death sentence for migrants who commit serious crimes against American citizens or law enforcement.

Such an implementation could severely disrupt families and communities, given that many undocumented individuals live in mixed-status households. Experts contend the economic and social upheaval from mass deportations could significantly affect labor markets and community stability.

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— Ahilan Arulanantham (@ahilan_toolong) June 28, 2024

Challenges Facing Trump’s Deportation Strategy

Trump’s previous term saw ambitious deportation announcements that did not align with enacted figures, largely due to legal and logistical barriers. Despite intentions to impose sweeping changes, the financial demands and necessary collaboration with military leaders present serious hurdles. Trump’s approach risks violating legal due processes guaranteed under the Fifth Amendment and might provoke challenges based on civil liberties violations.

Concerns also revolve around the potential for mass deportation plans to induce fear, irrespective of actual implementation, disrupting immigrant communities who fear law enforcement crackdowns. Trump’s earlier mass deportation announcements resulted in heightened anxiety and disruption with minimal deportation followed through.