President Donald Trump is reportedly prepaing to invoke a seldom-used 18th-century law to speed up mass deportations—a key component of his broader immigration crackdown and 2024 campaign strategy. According to CNN, Trump’s team is considering the Alien Enemies Act, a law dating back to 1798 that grants the president expansive authority to detain and deport noncitizens from countries classified as hostile. Originally passed during tensions with France, the law has seen minimal use in modern times.
Trump has vowed to initiate what he calls the largest domestic deportation operation in American history, targeting millions of illegal immigrants. His campaign presents the move as a national security measure, asserting that the Biden administration allowed record numbers of illegal crossings during its four-year tenure. Enacted under President John Adams during a period of escalating tensions with France, the law was originally intended to empower the government to act against foreign nationals deemed a threat to national security.
Unlike the other Alien and Sedition Acts—which were later repealed or allowed to expire—the Alien Enemies Act remains in force today under 50 U.S.C. §§ 21-24. Throughout history, the law has been invoked in times of war. During the War of 1812, it was used to detain and deport British nationals. During World War I, President Woodrow Wilson used the law to target German citizens residing in the United States. Similarly, during World War II, it was employed in the internment of Japanese, German, and Italian nationals. Although the law hasn’t seen widespread use in recent decades, it was brought up in national security discussions following the 9/11 attacks.
Because its use is tied to a formally declared state of war, any modern attempt to broaden the law’s scope—such as for immigration enforcement—would likely encounter legal challenges. Although crafted during the era of early American conflicts, its broad presidential authority continues to spark debate. In January, shortly after taking office, the administration declared a national emergency at the U.S.-Mexico border. It deployed troops to bolster border security, designated certain cartel organizations as foreign terrorist organizations, and even initiated efforts to end birthright citizenship.
A recent poll indicates that most Americans back President Trump’s immigration policies. His efforts to reduce illegal immigration—including ramping up arrests and deportations of criminal migrants—garnered his highest approval rating among the seven policy areas surveyed in a CNN poll published on Wednesday. Trump achieved a 51% approval rating on immigration, marking a seven-point increase over any point during his first term.
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