Q&A – What Is the Alien Enemies Act & Trump’s Deportation Plan

Q&A of the Day – What Is the Alien Enemies Act & How Does it Factor into Trump’s Deportation Plan? 

Each day I feature a listener question sent by one of these methods.      

Email: brianmudd@iheartmedia.com     

Social: @brianmuddradio    

iHeartRadio: Use the Talkback feature – the microphone button on our station’s page in the iHeart app.       

Today’s Entry: Hey Brian...love the show and President Trump! It’s so exciting to see Trump quickly restore sanity in this country! I have a question for your Q&A. In Trump’s speech he mentioned the Alien Enemies Act. I’ve never heard of it. What is it and how does it factor into his deportation plans? Thanks...I’ll be listening! 

Bottom Line: Yeah, that one, the mention of the Alien Enemies Act during his Inaugural Address, wasn’t lost on me either. President Trump clearly mentioned it as a purpose pitch in his messaging around his administration's plans to combat illegal immigration in anticipation of legal challenges that are likely to ensue. Here’s the full context from Trump’s address:  

First, I will declare a national emergency at our southern border. All illegal entry will immediately be halted and we will begin the process of returning millions and millions of criminal aliens back to the places from which they came. We will reinstate my remain in Mexico policy. I will end the practice of catch and release. And I will send troops to the southern border to repel the disastrous invasion of our country. Under the orders I sign today, we will also be designating the cartels as foreign terrorist organizations. And by invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil, including our cities and inner cities.   

The formal name for the ACT(s) Trump cited for his legal authority to carry out his agenda are the: Aliens and Sedition Acts which were passed by the fifth congress in 1798 and signed into law by John Adams. The acts were a series of four laws: 

  • The “Naturalization Act of 1798” 
  • The “Alien Act”  
  • The “Alien Enemies Act” 
  • The “Sedition Act”  

Without getting into weeds, these acts were passed with the idea of protecting the young country’s sovereignty, national identity and from non-citizens potentially undermining the interests of the United States during times of war or national emergencies.  

These acts did the following:  

  • Changed the U.S. citizen residency requirement from 5 to 14 years (policy that was later changed under the Naturalization Law of 1802) 
  • Authorized the federal government to arrest and imprison ‘aliens’ (non-citizens) during wartime or a time of national emergency 
  • Authorized the federal government to deport ‘aliens’ 
  • Made it illegal for citizens to “print, utter or publish false, scandalous and malicious” material aimed at undermining the federal government (no longer in effect – expired in 1800) 

As cited by President Trump, the acts pertaining to the detention and deportation of aliens is the focus. By declaring a national emergency, Trump has satisfied the legal requirement for exerting extended authority for his expressed mass deportation plan.  

Of course, legal challenges will ensue by those on the left seeking to provide ‘sanctuary’ to those unlawfully in this country. So about that... 

Talk of the use of these acts are often derided on the left however ironically, the two most progressive Presidents in American history, Democrats Woodrow Wilson, who used authority under the acts during World War I, and Franklin D. Roosevelt, who used the laws during World War II are the two most recent presidents who’ve cited the acts in carrying out policy. They’re also the most prolific users of it. The other two presidents to use the acts were John Adams, who signed them into law and James Madison during the War of 1812. 

In reality, the importance of this Act in carrying out Trump’s deportation plans for illegal immigrants is likely overstated. It’s already within the lawful authority of the executive branch to carry out deportations independent of times of war or national emergency. In fact, under law, the federal government is tasked with the responsibility. Something that the Laken Riley Act reinforces. The use of a declared national emergency and citation of the Alien Enemies Act is likely aimed at providing an additional layer of authority to attempt to minimize legal interference to the administration's deportation plan. As mentioned in yesterday’s Q&A, it took Trump over three years to win his case regarding the withholding of federal funds from sanctuary cities. Trump learned from the legal stall tactics used against him in his first term and is seeking to use all tools available to him this time around. 


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