World

Trump prepares to use controversial 1798 ‘Alien Enemies’ law to speed deportations

February 27, 2025
Migrants seeking asylum in the United States gather near the border wall after crossing a razor wire fence as a member of the Texas National Guard escorts them on December 19, 2024
Migrants seeking asylum in the United States gather near the border wall after crossing a razor wire fence as a member of the Texas National Guard escorts them on December 19, 2024

WASHINGTON — The Trump administration is preparing to invoke a sweeping wartime authority to speed up the president’s mass deportation pledge, according to multiple sources familiar with the discussions.

In his inaugural address, President Donald Trump said that he planned to invoke a little-known, 18th-century law, the Alien Enemies Act of 1798, as part of his sweeping slate of immigration crackdowns. The measure gives the president tremendous authority to target and remove undocumented immigrants, though legal experts have argued it would face an uphill battle in court.

The move is being widely discussed at several agencies as administration officials look at how they could implement the law, three sources told CNN, though details are still being finalized and it’s unclear when the administration would move to invoke it.

The primary target as of now, according to three sources, is the Tren de Aragua gang, which was also recently designated as a foreign terrorist organization.

“Labeling Tren de Aragua as a foreign terrorist organization was the first step,” a senior White House official told CNN.

In the final weeks of his 2024 campaign, Trump repeatedly vowed to invoke the act to deport suspected criminal gangs and members drug cartels. He often referred to Tren de Aragua, and the exaggerated, disputed claims that the Venezuelan gang had “invaded” and “conquered” Aurora, Colorado — to serve as justification for wanting to implement the 18th century wartime law.

Part of the ongoing discussions includes where those migrants would be sent. While Venezuela has agreed to take back its nationals, those repatriation flights are generally limited. Other options include countries that have agreed to take back third-country migrants, like El Salvador.

Using the law has been repeatedly floated among immigration hardliners because it would streamline the deportation process.

Detentions and deportations that occur under the Alien Enemies Act do not go through the immigration court system, which provides immigrants the chance to seek relief and make their case to stay in the country. Experts have noted that the backlogged court system, where cases can take years, could be a significant obstacle to Trump’s mass deportation plans.

The Alien Enemies Act is designed to be invoked if the US is at war with another country, or a foreign nation has invaded the US or threatened to do so. Legal experts say it would be difficult for Trump to use the act when the US isn’t being attacked by a foreign government, even if the administration does cite threats from gangs or cartels. — CNN


February 27, 2025
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