Former President Donald Trump plans to invoke a rarely used 18th-century law to accelerate his promised mass deportation policy for undocumented immigrants in the United States. According to several sources familiar with internal discussions within his team, the Trump administration has been exploring the possibility of invoking the 1798 Alien Enemies Act, a measure originally created to address foreign threats during times of war.
The law grants the president broad powers to deport citizens from countries deemed hostile without the need to go through the immigration judicial system. This prerogative would bypass the traditional case-by-case analysis conducted by the courts, allowing for swift removals without the right to formal defense for the affected immigrants. However, legal experts point out that any attempt to apply this provision in times of peace could face significant legal challenges.
Trump has publicly mentioned this strategy in recent speeches, especially during his 2024 presidential campaign, stating that the measure would be crucial to removing organized criminal groups and drug cartels from the country. His primary target so far, according to internal government sources, is the Tren de Aragua gang, a criminal organization originating from Venezuela that was recently designated by the U.S. government as a “foreign terrorist organization.”
“Labeling Tren de Aragua as a foreign terrorist organization was the first step,” said a senior White House official, explaining that this designation facilitates the use of more severe legal tools against its members. Trump and his allies have frequently associated this gang with the presence of illegal immigrants in the U.S., even controversially claiming that the group had “invaded” American cities, such as Aurora, Colorado.
Despite the aggressive rhetoric, implementing the Alien Enemies Act faces considerable barriers. The provision was designed to be used during times when the U.S. was formally at war with another nation or under threat of invasion by a foreign government. So far, no such conflict has arisen, and experts argue that Trump would face difficulties justifying the use of the law based on threats from criminal groups rather than nation-states.
Another critical point is the international reception of the measure. Many countries, including the U.S.’s historical allies, could interpret the use of the Alien Enemies Act as a violation of human rights principles and international legality. The United Nations and other immigrant rights organizations would likely take legal actions and issue statements condemning the decision.
In addition to legal challenges, another important issue under discussion is the fate of the deported immigrants. Although Venezuela has accepted the return of some of its citizens in recent years, repatriation flights remain limited. Alternatively, the government could negotiate agreements with other countries, such as El Salvador, to receive these immigrants, something that is still under evaluation.
The idea of using the Alien Enemies Act has been widely supported by stricter factions of immigration policy, as it would eliminate the need for lengthy judicial processes. Currently, the U.S. immigration system is overwhelmed, with cases that can take years to be resolved in courts. This procedural bottleneck has been one of the main obstacles to the large-scale deportation policies advocated by Trump and his allies.
Critics of the proposal warn about the risks of abuse of power and the creation of a dangerous precedent. Applying a wartime law to remove immigrants without the right to judicial challenge could raise issues about human rights violations and generate strong resistance both within the United States and in international organizations. The social impact could also be significant, affecting entire communities, separating families, and creating a sense of insecurity among immigrants, documented or not.
Another concerning factor is the practical implementation of mass deportations. Immigration authorities are already facing logistical difficulties in dealing with the current flow of immigrants, and drastically expanding deportations would require significantly more infrastructure, as well as broader diplomatic agreements with other countries to accept the deported individuals.
Despite the controversies, discussions within the government are still advancing. According to sources, the details of implementing the measure are still being finalized, and there is no set date for its potential application.
Political opposition to the proposal is also growing. Democrats and immigrant rights advocates have already indicated they will seek legal measures to prevent Trump from using this legislation for mass deportations. Some governors and mayors from states and cities that traditionally welcome immigrants have also promised resistance, possibly through lawsuits or local protective policies.
The use of the Alien Enemies Act would represent one of the most drastic attempts to harden immigration policy in recent U.S. history. If Trump moves forward with this strategy, the country may witness an unprecedented legal battle, with profound implications for the legal system and U.S. immigration policy in the future. The impact of this decision, if realized, could extend for decades, redefining the role of the federal government in immigration matters and shaping the international perception of the United States as a destination for immigrants and refugees.
Regardless of the outcome, the possible invocation of this legislation reignites the debate over the balance between national security and human rights, while testing the limits of presidential power in the United States. With legal, diplomatic, and political challenges on the horizon, Trump’s attempt to accelerate deportations through this law could be a watershed moment in the country’s immigration policy.
