The Alien Enemies Act of 1798 allows the president to detain or deport nationals of enemy nations during wartime, without hearings, based solely on their citizenship or country of origin. While intended to prevent espionage and sabotage, the law has historically been misused, particularly during World War I and World War II, to target immigrants based on their ancestry, such as Japanese, German, and Italian Americans. It has been invoked in these conflicts to justify internment and expulsions. The Act’s application is legally meant for wartime only, but the administration is trying to stretch its meaning to justify deportations in peacetime.
The law raises significant constitutional concerns, especially regarding equal protection and due process, as it discriminates based on ancestry and violates individual rights. The Brennan Center argues for the Act’s repeal, citing its potential for abuse, especially in the absence of modern security measures and the availability of other legal tools for protecting national security. Congress is urged to pass legislation to repeal it to avoid future misuse. However, legal challenges to its use may be hindered by the “political question doctrine,” which limits judicial intervention in matters of foreign policy and national security. REPEAL THE ALIEN ENEMIES ACT NOW!