As early as Friday, former President Donald Trump is anticipated to invoke the Alien Enemies Act—a wartime statute that grants the president the authority to detain or deport natives and citizens of an enemy nation—according to two U.S. officials familiar with the matter. This move would be part of broader efforts to implement mass deportations.
The Department of Defense is not expected to be involved in the execution of this authority, which may allow for the deportation of certain migrants without a hearing.
Discussions regarding the invocation of this act have taken place within the administration, according to multiple sources. Trump had previously indicated during his campaign that he intended to use this law.
The Alien Enemies Act has not been enforced since World War II when it was used to justify the detention of Japanese immigrants who had not obtained U.S. citizenship. However, the larger internment of Japanese Americans was conducted under executive orders issued by President Franklin D. Roosevelt rather than the Alien Enemies Act, as the law does not apply to U.S. citizens.