The Alien Enemies Act: Trump’s Controversial Use of a Wartime Law/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ President Donald Trump has invoked the Alien Enemies Act of 1798 for the first time since World War II, leading to the deportation of hundreds of migrants, allegedly Tren de Aragua gang members. The law allows the removal of noncitizens without court hearings in times of war or national threats. A federal judge temporarily blocked the deportations, but flights still departed for El Salvador, where Trump struck a $6 million deal to imprison 300 deportees. Critics argue that Trump is wrongly using a wartime law for immigration enforcement, while the administration insists the U.S. faces an “invasion.”
Trump Invokes 1798 Alien Enemies Act for Deportations: Quick Looks
- What Happened? Trump used the Alien Enemies Act to deport migrants without due process.
- Who Was Deported? Alleged Tren de Aragua gang members, though no proof of gang affiliation has been provided.
- Where Were They Sent? El Salvador, under a U.S.-funded agreement to imprison them for a year.
- Why the Controversy? The U.S. is not officially at war, and critics say Trump is misapplying the law.
- Judge’s Attempt to Block It: A federal judge issued a ruling halting deportations, but planes still took off.
- Trump’s Justification: He claims the U.S. is facing an “invasion” and considers Tren de Aragua a military threat.
Trump’s Use of the Alien Enemies Act: A Deep Look Into the Controversial Move
What Is the Alien Enemies Act?
The Alien Enemies Act of 1798 was passed when the U.S. feared war with France. It gives the president broad authority to deport noncitizens if they are deemed a threat during wartime.
The law has been used only three times in history:
- War of 1812
- World War I
- World War II (part of the justification for Japanese internment camps)
Who Was Deported?
Trump’s Saturday proclamation declared that Tren de Aragua, a Venezuelan criminal gang, constitutes an invasion.
- The administration has not provided evidence that deported individuals were gang members.
- Instead of sending them to Venezuela, which rarely accepts deportees, Trump negotiated a $6 million deal with El Salvador to imprison them in a high-security facility for a year.
- Alongside the Venezuelans, the U.S. also deported two MS-13 gang members to El Salvador.
Did Trump Violate a Court Order?
On Saturday night, U.S. District Judge James E. Boasberg, an Obama appointee, issued an order temporarily halting deportations.
- However, flights were already in the air, with at least two planes continuing to El Salvador despite the ruling.
- The judge verbally ordered the planes to return, but the administration did not comply.
- The American Civil Liberties Union (ACLU) and Democracy Forward are now suing, claiming the administration ignored a lawful court order.
Is the U.S. at War?
Trump insists the U.S. is under attack, justifying the Alien Enemies Act by framing illegal immigration as an “invasion.”
- In 2023, migrant arrests at the border hit record highs under President Joe Biden.
- However, after Trump returned to office, arrests dropped to their lowest level since the 1960s—from 250,000 in December 2023 to 8,400 in February 2025.
- Critics argue that Trump’s rhetoric misrepresents reality to expand executive power.
The Brennan Center for Justice released a statement condemning Trump’s move:
“The Alien Enemies Act may be used only during declared wars or armed attacks on the United States by foreign governments. The president has falsely proclaimed an invasion to justify a law meant for wartime.”
What’s Next?
The deportation policy is now facing legal battles, and Trump’s invocation of the Alien Enemies Act is likely to be challenged in the Supreme Court.
- Will the courts strike down Trump’s use of this law?
- Could this set a precedent for broader deportations?
- Will more migrants be deported under this policy before courts intervene?
With immigration remaining a defining issue, Trump’s use of an 18th-century wartime law could reshape deportation policies for years to come.
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