President Donald Trump is expected to invoke the Alien Enemies Act, a wartime law granting the president authority to detain or deport nationals of an enemy country, two U.S. officials familiar with the matter told ABC News.
The reported move, which could happen by the end of this week, is part of the administration’s broader efforts to carry out mass deportations.
Newsweek has reached out to the White House on Thursday afternoon for comment.
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Why It Matters
The Alien Enemies Act is a wartime law passed in 1798 as part of the Alien and Sedition Acts under President John Adams. It grants the U.S. president the authority to detain, restrict or deport foreign nationals from a country that is at war with the United States. Unlike other provisions in the Alien and Sedition Acts, which expired or were repealed, the Alien Enemies Act remains in effect today.
What to Know
The Alien Enemies Act could enable Trump to swiftly deport migrants considered part of an “invasion or predatory incursion”—a use of the law previously confined to wartime situations.
Republicans often describe illegal immigration as an invasion and portray migrants as dangerous criminals.
According to ABC News, the Department of Defense is not expected to be involved, though the law could allow for the deportation of some migrants without a hearing.
Multiple sources told ABC News that discussions within the administration have taken place regarding the invocation of the act. Trump previously stated during his campaign that he intended to invoke the law as part of his immigration enforcement strategy.
“I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil,” Trump said at a rally on November 4.
Critics argue that Trump’s interpretation of the law is a drastic overreach, as it was designed to be used against nationals of hostile countries, not individuals suspected of criminal activity within the U.S.
What is the Alien Enemies Act?
The Alien Enemies Act of 1798 “was designed to allow the president to authorize the relocation, arrest, or deportation of any man older than 14 years old who hailed from a country at war with the United States.”
The Alien Enemies Act was last used during World War II to intern tens of thousands of non-U. S. citizens of Japanese, German, and Italian descent at military facilities. The internment of Japanese Americans was authorized separately and later upheld by the Supreme Court. Decades later, Congress issued formal apologies and provided reparations, acknowledging the injustices faced by those affected.
What Happens Next
If implemented, the policy could lead to rapid deportations of thousands, potentially sweeping in people who have not been convicted or even charged with crimes.
Update: 3/13/25, 4:52 p.m. ET: This article was updated with additional information.
Update: 3/13/25, 5:32 p.m. ET: This article was updated with additional information.
