A quote from Skye Perryman of Democracy Forward: “It is not normal for a president to invoke wartime powers in the middle of a time when the United States has not been invaded and is not at war. The Alien Enemies Act is responsible for some of the darkest days in United States history […] To invoke this act in an unprecedented fashion is not only unlawful, it is deeply harmful, and it threatens all people in this country” (Democracy Forward, 2025).
Let’s talk about how this law was used in World War II.
In 1918, the language of the original law from 1798 had been modernized and was now known as Section 21 of Title 50 of the United States Code. In 1941, on December 7th, immediately following Pearl Harbor, President Franklin Roosevelt invoked the Alien Enemies Act, now declaring Japanese natives and citizens as “Alien Enemies.” A day later, on the 8th, German and Italian people in America were also added to this list.
The Act had set a legal precedent that then allowed Roosevelt to issue Executive Order 9066, which allowed General John L. DeWitt, then head of the Western Defense Command, to begin the evacuation and detention of people of Japanese descent. These people were first taken to assembly centers, and then 122,000 Japanese and Japanese-American citizens were placed in internment camps across America. A quote from the National Archives says: “Nearly 70,000 of the evacuees were American citizens” (National Archives, 2022).
This was, of course, an extremely traumatizing experience for those detained. The unexpected nature of this order required many people to suddenly sell their businesses, items, and homes, packing up everything they could. The camps they were moved to were overcrowded, had inadequate accommodations, and offered little comfort. Most spaces were shared amongst strangers, and based on where the camp was, extreme weather could have an intense impact on the lives of those relocated there. Despite the “barbed wire fences and armed guards,” they still tried to build community, connecting through activities such as continued religious practices and team sports (National Park Service, 2024).
Since there were no charges associated with the order, they couldn’t appeal their detainment. A history of anti-Asian racism in America only bolstered support for this unbelievable violation of civil rights. During this time, thousands of “Alien Enemies” were relocated to their country of origin, some having no choice in the matter.
In 1988, Congress issued an apology for this disgraceful chapter of our history.
Bibliography:
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.
Democracy Forward. (March 18, 2025). ICYMI: The Fight Against Trump’s Presidential Overreach, Invocation of Wartime Powers [Press Release.] Retrieved from https://democracyforward.org/updates/icymi-the-fight-against-trumps-presidential-overreach-invocation-of-wartime-powers/.
Densho. (October 17, 2024). The Alien Enemies Act Paved the Way for Japanese American Incarceration. Let’s Keep It in the Past. Densho Catalyst: History, Essays, and Opinion. https://densho.org/catalyst/.
National Archives. (January 24, 2022). Executive Order 9066: Resulting in Japanese-American Incarceration (1942). Milestone Documents. https://www.archives.gov/milestone-documents/executive-order-9066.
National Park Service. (July 7, 2024). Incarceration of Japanese Americans. Rosie the Riveter WWII Home Front. https://www.nps.gov/rori/learn/historyculture/incarceration-of-japanese-americans.
President of the United States of America, Franklin D. Roosevelt. (December 7, 1941). Proclamation 2525. The American Presidency Project. https://www.presidency.ucsb.edu/documents/proclamation-2525-alien-enemies-japanese.
Wei, William. (February 7, 2025). A History of the Alien Enemies Act. History Colorado. https://www.historycolorado.org/story/2025/02/07/history-alien-enemies-act.
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