On February 3rd, the President is poised to push the boundaries of his immigration crackdown by using a wartime law to deport alleged gang members without court hearings, potentially expanding his deportation efforts to include individuals not charged with crimes.
Upon assuming office, Trump instructed military and immigration authorities to prepare to enforce the 1798 Alien Enemies Act, last utilized during World War II to justify internment camps for individuals of Japanese, German, and Italian descent. This controversial move, likely to face legal challenges, would enable him to circumvent due process rights and swiftly expel migrants.
The administration seeks to redirect military resources to support mass deportations and increase arrests by immigration officers, even in sensitive locations like schools, churches, and hospitals, despite facing opposition from civil and immigrant rights groups.
Despite these aggressive moves, the administration must deal with overwhelmed immigration courts where asylum cases can take years to resolve. While Trump introduced a fast-track deportation process called expedited removal, it applies only to those in the U.S. for two years or less and permits migrants to seek asylum.
The novel use of the Alien Enemies Act may expedite the deportation of migrants labeled as part of an "invasion or predatory incursion," a departure from the law's traditional wartime invocation. The White House also announced intentions to designate criminal cartels and gangs, such as the Venezuelan Tren de Aragua gang, as terrorist organizations, utilizing this act to deport alleged gang members.
Despite challenges posed by the Alien Enemies Act, the administration is determined to proceed, aiming to establish broad presidential authority in utilizing this statute in unconventional ways. Critics argue that using this law for immigration enforcement outside of actual conflict is inappropriate, emphasizing that refugees seeking asylum should not be considered invaders.
Democratic lawmakers have reintroduced a bill aiming to repeal the Alien Enemies Act, citing its history in internment actions and its potential violation of civil and individual rights. Discussions and legal challenges around the utilization of this law aim to balance security measures with human rights concerns regarding immigration enforcement practices.