Donald Trump invokes Alien Enemy Act of 1798 to speed up mass deportations; what it means for immigrants

President Donald Trump on Saturday, invoked the Alien Enemies Act of 1798, claiming the US was facing an invasion by a Venezuelan gang. The law, originally meant for wartime, gives the president broad powers, allowing him to speed up

mass deportations

of undocumented immigrants—potentially escalating his immigration crackdown.
The declaration specifically addresses

Tren de Aragua

, which Trump alleges is operating as a hostile entity under Venezuelan government direction."Over the years, Venezuelan national and local authorities have ceded ever-greater control over their territories to transnational criminal organizations, including TdA," Trump's statement read, the Associated Press reported.
"The result is a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States, and which poses a substantial danger to the United States," it added.
This came the same day, a federal judge in Washington prohibited the administration from deporting five Venezuelans under the anticipated order, indicating potential legal challenges ahead.

The federal judge's intervention to prevent the deportation of five Venezuelans using the Alien Enemies Act sparked immediate legal confrontations, even before the president's formal announcement.
Trump had previously indicated his intention to utilise the 1798 Act, which was last implemented during World War 2 to authorise Japanese-American civilian internment.
The American Civil Liberties Union and Democracy Forward submitted an urgent lawsuit in Washington's federal court. They argued that the order would classify Tren de Aragua as a "predatory incursion" by a foreign government, potentially leading to indiscriminate deportation of Venezuelans.
DC Circuit Chief Judge James E Boasberg issued a temporary restraining order, valid for 14 days, to protect five Venezuelans in immigration custody who were believed to face imminent deportation under the act.
Boasberg implemented the order to maintain current circumstances and scheduled a subsequent hearing to consider extending protection to all Venezuelans in the United States.
The Trump administration subsequently challenged the initial restraining order, arguing that preventing presidential action before its announcement would severely restrict executive branch operations.
The Justice Department's appeal warned that allowing such orders could enable district courts to obstruct crucial national security actions upon receiving complaints. They suggested this could affect operations like drone strikes, intelligence activities, or terrorist apprehensions, urging the court to prevent such precedent.

What is the Alien Enemy Act?

The Alien Enemies Act, part of the Alien and Sedition Acts of 1798, is a law designed for use during wartime or when the US faces an imminent threat of invasion by a foreign nation.
The act grants the President the authority to detain or deport foreign nationals from enemy countries during periods of conflict, particularly targeting recent immigrants who could be perceived as aligning with US adversaries.

When was Alien Enemy Act last invoked?

According to CNN, legal experts argue that invoking the act outside of wartime—such as citing threats from gangs or cartels—would be legally challenging unless the US is under direct attack by a foreign government.
The Alien Enemies Act has been invoked three times in US history, each during wartime, as noted by the Brennan Center. During World War I and World War II, it was used to detain and deport German, Austro-Hungarian, Italian, and Japanese immigrants.
The act also played a role in the forced internment of Japanese Americans during World War II, a controversial chapter in US history.

What power does US President get from the Alien Enemy Act?