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The Trump administration is preparing to invoke the Alien Enemies Act of 1798 to authorize the rapid detention and deportation of illegal immigrants tied to criminal gangs.

Some shit you should know before you read: If you’re unaware, the Alien Enemies Act of 1798 is a wartime law that grants the president authority to detain, relocate, or deport people from countries deemed “hostile” to the United States. Enacted as part of the Alien and Sedition Acts, the law was designed to be used during war or when a foreign nation is considered a threat. Under this statute, the president can order the arrest and removal of noncitizens aged 14 or older from hostile nations without trial or due process, bypassing standard immigration and asylum laws. The act has been invoked only three times in US history, all during wartime—including during World War I and World War II, when it was used to detain and expel German, Italian, and Japanese immigrants, and it played a role in the internment of Japanese Americans.  

What’s going on now: First reported by CNN, the Trump administration is preparing to invoke the Alien Enemies Act of 1798 to detain and deport certain noncitizens without due process. The primary targets of this move are suspected members of Tren de Aragua (TDA), a Venezuelan criminal organization that has been designated a foreign terrorist organization by the administration. Trump officials say that using this law will allow for the quick removal of individuals linked to transnational crime without the delays of the traditional immigration system.  

If implemented, this plan will likely face significant legal and political hurdles, as the Alien Enemies Act has historically only been invoked during wartime against nationals from countries the US was actively fighting. Legal experts argue that applying this law to migrants from Venezuela—where no formal war exists—could be unconstitutional or at least subject to legal challenges.

Additionally, civil rights advocates warn that denying detainees court hearings or asylum interviews could violate international human rights agreements and established US legal protections for asylum seekers.

To the contrary, the Trump administration has argued that activists and Democrat-funded civil rights organizations have actively attempted to delay the removal of ‘criminal illegal immigrants’ through court proceedings.