What is the Alien Enemies Act of 1798 that Donald Trump invoked to fast track mass deportations but blocked by US court

President Donald Trump on Saturday invoked the Alien Enemies Act of 1798 to speed-up deporting individuals connected to Venezuela's Tren de Aragua gang accusing them of “infiltrating” Venezuelan President Nicolas Maduro’s regime, comprising its “military and law enforcement apparatus”; prolonged “irregular warfare” within the United States.

However, a few hours later, a Federal judge James Boasberg temporarily halted mass deportations and asked the Trump administration to quickly put a hold on the efforts to remove Venezuelan migrants. During the hearing, he was told that the five Venezuelans were not currently on deportation flights.

“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it’s complied with immediately," Boasberg said. The order is set to expire in 14 days of announcing it. According to him, there is sufficient time to litigate the legality of Trump’s directive.

"By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil," Trump had stated, adding, “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions.”

Let us understand what the Alien Enemies Act is and its historical use in the US history.

What is the Alien Enemies Act of 1798?

Alien Enemies Act: It is a United States federal law passed in 1798 as part of Alien and Seditious Acts, allowing the President to detain, relocate the citizens not part of the country considered hostile during wartime or invasion. It specifically focuses on immigrants with no court hearing in accordance with their birth-country or citizenship.

The purpose of the law was to avert foreign espionage and sabotage during wartime. However, it has been used against immigrants present in the United States lawfully with no indications of distrust, raising concerns about potential violations of constitutional rights like due process and equal protection.

Historical use of the Alien Enemies Act of 1798

 The Alien Enemies Act of 1798 has been used during the 1812 war, World War I, and World War II. In 1812, British nationals in the US furnished information consisting of place of residence, age, length of time in the country, family details and whether they had applied for naturalization. Considering the ancestry, it targeted German, Austro-Hungarian, Italian, Japanese immigrants during World War I, where restrictions, expulsions and detentions followed.

 The US government relocated and incarcerated approximately 1.2 lakh people of Japanese descent, primarily American citizens, from their residential areas on the West Coast to "relocation centers" in the country interiors during World War II. Notably, it is prominent for Japanese internment role, and for which, Congress, presidents, and the courts expressed regret, staying as part of the US history.

Conditions for invoking the Alien Enemies Act of 1798

The act can be invoked at the time of a “declared war” between the US and any other nation, or in the case of "invasion", “predatory incursion” against the US territory. The invocation of the act aligns with legal and constitutional authority.