Former President Donald Trump made a visit to a Denver suburb on Friday, where he announced a plan to invoke a centuries-old law aimed at dismantling and deporting illegal immigrant criminals throughout the U.S. Trump specifically targeted the Venezuelan gang “Tren de Aragua” (TdA), which has reportedly infiltrated Aurora, Colorado. During his speech, Trump accused Vice President Kamala Harris of allowing migrant criminals into the country, claiming his administration would either imprison these criminals or remove them from the U.S.
He emphasized the need to restore order and protect communities impacted by illegal gang activity.
Trump proposed invoking the Alien Enemies Act of 1798, which grants the president the authority to detain or deport individuals from enemy nations considered a threat during wartime.
He also suggested imposing a 10-year prison sentence for deported migrants who re-enter the country and introducing the death penalty for illegal immigrants who kill U.S. citizens.
This strategy is part of his broader campaign to focus on immigration and border security as key issues, despite the likelihood of facing legal challenges regarding the use of the 18th-century law. Trump's speech in Colorado aimed to rally support against Democratic leadership, which he claims has allowed violent criminals to enter and disrupt American communities.
What is the Alien Enemies Act?
The Alien Enemies Act, established in 1798, gives the president the authority to detain or deport individuals from enemy nations during times of war. The law allows the president to take such actions based solely on the individual's nationality or citizenship, without the need for a hearing. While originally intended to safeguard against espionage and sabotage during wartime, the law has been used to target immigrants who pose no threat and have not displayed disloyalty, raising concerns about potential violations of constitutional rights and abuse during peacetime.
The Act has been enforced three times in U.S. history, during significant conflicts: the War of 1812, World War I, and World War II. It was used to justify the detention, deportation, and restriction of immigrants from countries like Germany, Japan, Italy, and Austria-Hungary based solely on their national origin. Notably, the law played a significant role in the internment of Japanese Americans during World War II, a deeply regrettable chapter in U.S. history that has since been condemned by Congress, the courts, and several presidents.
The president can invoke the Alien Enemies Act during a formally declared war or when there is a direct threat of invasion or aggressive incursion by a foreign power. While the U.S. Constitution grants Congress the power to declare war, the president can use the law in response to imminent invasions or attacks without waiting for congressional approval.
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