President Trump plans to invoke a 226-year-old law to address what he calls an invasion at the southern border, potentially marking only the fourth time in American history this powerful act has been used.
Quick Takes
- Trump intends to use the Alien Enemies Act of 1798 to expedite removal of illegal immigrants he deems threats to national security.
- The act has only been used three times before, during World Wars I and II.
- Trump has already signed executive orders declaring a national emergency at the southern border.
- The administration has directed cabinet officials to prepare facilities for expedited removals.
- Trump has characterized the border situation as an “invasion” under the U.S. Constitution.
Historic Law Returns to Combat Border Crisis
In a bold strategy to address what he perceives as an urgent national security threat, President Donald Trump is preparing to invoke the Alien Enemies Act of 1798 to combat illegal immigration at the southern border. This rarely-used legislation grants the president extensive authority to detain and deport non-citizens during declared emergencies. The act has only been employed three times in American history, making Trump’s planned implementation a significant historical development in American immigration policy.
Trump’s administration has already laid groundwork for this move through executive orders signed in January that officially declared a state of emergency at the southern border. These orders specifically cited mass migration and drug trafficking as constituting an invasion and national security crisis. The executive actions directed the Secretary of Homeland Security, Secretary of State, and Attorney General to take immediate action to counter what Trump has described as an existential threat to American safety and sovereignty.
Pres. Trump is expected to invoke the Alien Enemies Act — a wartime law that allows the president to detain or deport "natives" and citizens of an enemy nation — in order to carry out mass deportations, according to two officials familiar with the matter. https://t.co/D4Xe7XcGwr pic.twitter.com/G0ePySpwbH
— ABC News Politics (@ABCPolitics) March 13, 2025
Trump’s Vision for Border Security
During his presidential campaign, Trump repeatedly emphasized the power and historical significance of the Alien Enemies Act. He has made clear his intention to utilize this legislation specifically to target criminal networks operating within the United States. The administration’s stated goal is to systematically dismantle organizations involved in human trafficking, drug smuggling, and other criminal enterprises that exploit America’s immigration system.
An operational framework is already being established for the large-scale implementation of deportation measures once the Alien Enemies Act is formally invoked. The administration appears to be constructing a comprehensive approach to what it considers an unprecedented crisis requiring extraordinary measures.
Historical Context and Modern Application
Trump has expressed admiration for the decisiveness of early American legislators who created the Alien Enemies Act, suggesting that such powerful tools for national security would be impossible to enact in today’s political climate. The act originated during a period of tension with France, but its most extensive use came during the World Wars, when it was applied to citizens of enemy nations residing in the United States.
The core objective of Trump’s application of this historic act focuses on ensuring that foreign nationals in the United States do not pose threats to American citizens or national security. By formally declaring the border situation an invasion under constitutional terms, Trump has established the legal foundation for implementing extraordinary measures. Administration officials have emphasized that these actions target specifically those who have entered illegally and engage in criminal activities that endanger American communities.
Sources:
Donald Trump Set to Invoke the Alien Enemies Act of 1798 for the Fourth Time in US History: Report
