Trump calls for death penalty for migrants who kill Americans
Donald Trump vows to invoke the Alien Enemies Act while calling for the death penalty for migrants who kill Americans.
President Donald Trump is preparing to move on another campaign progress: using a centuries-old act to ramp up deportations.
He is expected to invoke the Alien Enemies Act of 1798, as USA TODAY previously reported. It would be the first time in more than eight decades that the act was enacted. The last time it was used resulted in the internment of Japanese and German people during World War II, a chapter of U.S. history widely seen as problematic.
On the campaign trail, Trump often threatened to invoke the act to address what he described as Venezuelan gangs taking over Aurora, Colorado, but local officials deemed that description as “grossly exaggerated.”
Trump has continued to promise mass deportations during his first couple of months in office, and teased using the Alien Enemies Act to do so during his inaugural address. Here is the history behind the act.
What is the Alien Enemies Act of 1798?
The Alien Enemies Act of 1798, which was part of the Alien and Sedition Acts, was established under President John Adams as the U.S. faced war with France.
The act was designed to allow the president to authorize the relocation, arrest or deportation of any man older than 14 years old who hailed from a country at war with the U.S.
Three other Alien and Sedition Acts expired at the beginning of the 19th century, but the Alien Enemies Act did not, and it became part of U.S. Code.
The act was passed in order to supplement the Alien Friends Act which allowed the president to deport any non-citizen who was determined to be “dangerous to the peace and safety of the United States.”
When was the Alien Enemies Act of 1798 used?
The act was first invoked by President James Madison during the War of 1812 against British nationals. It required them to report information such as their age, length of time in the United States, family description, occupation, and where they lived, among other identifying information.
During World War I, 6,000 German and other foreign nationals were placed in internment camps after President Woodrow Wilson invoked the act, according to the National Archives.
The act was also put into effect during World War II when President Franklin Roosevelt used it against Japanese, German and Italian nationals. It led to the internment of Japanese Americans during World War II and required foreign nationals from all three countries to register with the government.
Why does Trump want to invoke the Alien Enemies Act?
Immigration and the southern border were central concerns for voters in the 2024 presidential campaign, and Trump has long promised to carry out the “largest deportation program in American history.”
Trump is expected to address the Department of Justice Friday, and has singled out Venezuelan gang Tren de Aragua as an “unusual and extraordinary threat” to the U.S.
But experts say the enemy aliens act is typically used to target citizens of a country that has declared war or invaded the U.S.
Some Democratic senators have warned Trump against using wartime language to invoke wartime powers, issuing a reminder that Congress holds the power to write immigration policy.
The Trump administration has been boasting about widespread deportations and immigration raids, but deportation numbers in the Trump administration’s first month have been below the monthly average under the Biden administration.
Contributing: Trevor Hughes
Kinsey Crowley is a trending news reporter at USA TODAY. Reach her at [email protected]. Follow her on X and TikTok @kinseycrowley or Bluesky at @kinseycrowley.bsky.social.