Former President Donald Trump has been promoting his 2024 campaign by promising to carry out the largest deportation operation in United States history. While the details of this plan have been vague, Trump has mentioned using an 18th-century law called the Alien Enemies Act of 1798 to enforce mass deportations. He specifically mentioned targeting gang members in Aurora, Colorado, and claimed that immigrants are attempting to conquer the country. Local officials in Aurora, however, have disputed claims that a Venezuelan gang, Tren de Aragua, has taken over multiple apartment complexes in the city.
The Alien Enemies Act of 1798 is part of a set of laws known as the Alien and Sedition Acts, which were passed amidst fears of war with France. This law allows the president to detain and deport individuals from a hostile nation or government without a hearing during times of war or when a foreign country has perpetrated an invasion or predatory incursion against the US. The law was last invoked during World War II to detain enemy aliens, mainly from Germany, Italy, and Japan. Legal experts have questioned Trump’s ability to use this law for mass deportations, as there are specific conditions that must be met, such as the US being at war with the foreign country in question.
Trump’s mentions of using the Alien Enemies Act against Mexican drug cartels and the Tren de Aragua gang have raised legal concerns. Experts have stated that invoking this law against noncitizens who have not committed any wrongdoings and are legally in the US would be an abuse of the law’s intended purpose. The characterization of illegal immigration under President Joe Biden as an invasion has also been challenged by legal and immigration experts. While Trump has previously promised mass deportations, his administration fell short of this goal, with 2 million deportations recorded between fiscal years 2017 to 2020.
The Biden administration, on the other hand, has carried out more deportations, with 4.4 million reported, the most in a single presidential term since the George W. Bush administration. Despite Trump’s promises of mass deportations and his mention of using the Alien Enemies Act, there are existing immigration laws that allow for deportations. The main challenge in carrying out a mass deportation operation lies in the lack of resources needed to locate, detain, and deport a large number of individuals. Relying on an old statute like the Alien Enemies Act may not address this resource problem, according to constitutional law experts. Ultimately, the legality and feasibility of Trump’s plans for mass deportations remain uncertain and would likely face legal challenges if pursued.
