So, you might be seeing headlines proclaiming that Trump has invoked the 1798 Alien Enemies Act and that a federal judge has now blocked it for 14 days. But what does this actually mean, and where did this law come from? Let’s have a conversation.
The Alien Enemies Act is a law from 1798 that Trump is using to further his immigration agenda. The law enables the President to permit the apprehension and deportation of individuals identified as "natives" or citizens of a foreign country or government at war with the U.S. Even though the law is to be used during wartime or in response to an “invasion” or “predatory incursion,” it is being enacted during peacetime. A major point of concern is that people as young as 14 can be targeted based on their nationality and be deported without the protections of the traditional immigration processes and without a hearing.
Let’s rewind to when the law was first created. It’s 1798, and it seems that a war with France is on the horizon. International civil unrest as the result of the French Revolution only highlights the growing divide between the two main American political parties: the Federalists and the Democratic-Republicans. Federalists possess the most governmental power, and Democratic-Republicans are growing increasingly concerned that the opposing party is favoring policies that are reminiscent of monarchical regimes. So, the governmental minority turns to negotiations with the French. In response, the Federalists, under President John Adams, pass the Alien and Sedition Acts (The Naturalization Act, the Alien Friends Act, the Alien Enemies Act, and the Sedition Act) to target any U.S. resident who might sympathize with this foreign power should America be drawn into France’s battle with Britain and Spain. So begins a legacy of governmental power being used to justify the vilification of immigrant communities.
Next, we will cover
(1) The War of 1812 and WWI
(2) The laws’s role in legalizing the internment of Japanese-Americans during WW2
Works Cited:
Alien and Sedition Acts (1798). (n.d.). National Archives. Retrieved March 17, 2025 from https://www.archives.gov/milestone-documents/alien-and-sedition-acts.
Cox Richardson, Heather. (2025, March 16). March 16, 2025. Letters From An American.
Ebright, Katherine Yon. (2024, October 9). The Alien Enemies Act, Explained. Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained.
Sullivan, Tim and Elliot Spagat. (2025, March 15). The Alien Enemies Act: What to know about a 1798 law that Trump has invoked for deportations. Associated Press. https://apnews.com/article/alien-enemies-trump-immigration-deportations.
The Alien and Seditions Act. (n.d.) PBS: American Experience. Retrieved March 17, 2025 from https://www.pbs.org/wgbh/americanexperience/features/adams-alien-and-seditions-act/.
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