Trump's Plan: Alien Enemies Act
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mass deportationsThe Conversation
•Trump wants to use the Alien Enemies Act to deport immigrants – but the 18th-century law has been invoked only during times of war
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Donald Trump has pledged to use an obscure 18th-century law called the Alien Enemies Act of 1798 to deport immigrants living in the U.S. The act empowers presidents to apprehend and remove foreign nationals from countries that are at war with the United States .
Julian Zelizer : If Trump uses this law to carry out his mass deportation plans, it almost certainly would trigger major court battles in which the text, early history and previous uses of this antiquated law take center stage.
Zelizer says presidents have invoked this law three times: during War of 1812 , World War I and World War II .
The Alien Enemies Act’s text and history present formidable legal hurdles for the Trump administration.
The 1798 law is clear that an “invasion or predatory incursion” must be undertaken by a “foreign nation or government” in order for it to be invoked.
Congress has not declared war on any country in over 80 years , nor has another government launched an invasion against U.S. territory.
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