Trump says he will lean on Alien Enemies Act of 1798 for deportations

Former President Donald Trump has vowed to revive one of the first pieces of federal legislation as part of his calls for mass deportations of illegal immigrants in the country – especially those in gangs.

The controversial Alien and Sedition Acts, signed into law by President John Adams in 1798, were a trio of laws passed in the anticipated run-up to war with France, allowing the rapid deportation of non-citizens in America and regulating criticism of the government. While two highly controversial bills were repealed or expired, the least controversial of the trio, the Alien Enemies Act, has caught Trump’s attention.

The former president has spoken about using the Alien Enemies Act to achieve his illegal deportation goals of immigrants, repeating that call Sunday during his rally at New York’s Madison Square Garden.

“To hasten the removal of Tren de Aragua and other vicious gangs like MS-13, which is equally brutal, I will invoke the Alien Enemies Act of 1798. Think about that, way back when they still have law and order. They had some tough ones. The Alien Enemies Act of 1798, do you hear that, Mr. Chairman? Get ready,” Trump said, telling House Speaker Mike Johnson (R-LA) to prepare to invoke the law.

The law allows “all natives, citizens, residents, or subjects of the hostile nation or government, who are fourteen years of age or older, who are in the United States and have not been actually naturalized, to be at risk of arrest, restraint held, secured, and removed as alien enemies,” provided that the country has declared war on any country or “an invasion or predatory incursion is committed, attempted, or threatened against the territory of the United States by any foreign nation or government. The president must also declare an invasion or raid.

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 use of deportation usually occurs when a country or a country’s government is at war with the US, which could cause problems if Trump were to invoke the law against foreign gang members. Congress could change the law to include foreign gangs or make other changes to clear any legal hurdles if Trump and the Republican Party win next week’s election.

Mass deportations of illegal immigrants, a rallying cry for Trump during all three of his presidential campaigns, have become a popular policy issue for the former president as the border crisis is in the spotlight as a major issue.

A Scripps News-Ipsos poll Last month’s releases showed that a majority of adults, 54%, support mass deportations of illegal immigrants, after similar polls in recent months showed support for the policy.