Trump plans controversial use of 18th-century law for deportation

 March 14, 2025

The Trump administration is preparing to implement a centuries-old wartime legislation to expedite the deportation of illegal immigrants from designated enemy nations.

According to the New York Post, the White House plans to invoke the Alien Enemies Act of 1798 this week, focusing initially on members of the Venezuelan gang Tren de Aragua linked to recent high-profile murders.

The administration's strategy aims to bypass immigration courts, potentially accelerating the deportation process for specific groups of undocumented immigrants. This unprecedented move would mark the first implementation of the act since Franklin D. Roosevelt used it following the Pearl Harbor attacks in 1941.

Historical precedent meets modern immigration crisis

The Alien Enemies Act grants extraordinary powers to expedite deportations without requiring immigration judge approval. Former acting ICE director John Sandweg, who served during the Obama administration, explains this could significantly impact current deportation procedures.

The administration has already demonstrated its commitment to increased enforcement, having arrested 32,000 migrants within 50 days. These operations have reached maximum capacity in ICE detention facilities nationwide.

Legal experts warn that the act's implementation might face constitutional challenges, particularly regarding due process rights and its wartime-only application requirements.

Venezuela gang members face immediate action

Trump's administration specifically targets members of Tren de Aragua, a Venezuelan criminal organization allegedly responsible for the deaths of Laken Riley and Jocelyn Nungaray.

During an October rally in Aurora, Colorado, Trump addressed the gang's presence, stating:

I will invoke the Alien Enemies Act of 1798 to target and dismantle every criminal network operating on American soil.

The FBI has intensified its efforts against these criminal networks, particularly focusing on their financial connections to Venezuelan President Nicolas Maduro's regime. Recent operations in Virginia resulted in 214 arrests of illegal migrants and gang members.

Enhanced enforcement measures take shape

The administration plans to implement stricter penalties for deportation violators. These include proposed 10-year prison sentences for re-entry after deportation and capital punishment for illegal immigrants who kill American citizens.

Current immigration court backlogs exceed 3 million cases, significantly slowing the deportation process for approximately 10 million undocumented immigrants residing in the United States. The new measure aims to address this bottleneck.

Sandweg suggests the administration might limit the act's application to specific groups, such as transnational gang members, rather than targeting the entire undocumented population.

Strategic response reshapes deportation landscape

The Trump administration aims to invoke the Alien Enemies Act of 1798 to expedite the deportation of illegal immigrants from designated enemy nations, focusing initially on Venezuelan gang members. This strategic move could bypass traditional immigration court procedures, potentially accelerating the removal process for specific groups. While the administration has already demonstrated increased enforcement with 32,000 arrests in 50 days, legal challenges regarding constitutional rights and the act's wartime-only application may impact its implementation.

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