Sharing the Facts About the Alien Enemies Act

The Alien Enemies Act of 1798 is a federal law that gives the president wartime authority to deport non-U.S. citizens of enemy countries from the United States. It allows the federal government to arrest and deport citizens of a “hostile government” who are at least 14 years old based solely on what country they are citizens of or were born in, without a court hearing.

There are three provisions of the Alien Enemies Act that allow the president to deport immigrants from enemy countries:

• In times of declared war, which requires an act of Congress
• In times of a perpetrated, attempted, or threatened invasion
• In times of a “predatory incursion” against U.S. territory

In our country’s history, the Alien Enemies Act has only been used three times: The War of 1812, World War I, and World War II.

President Trump set up his intent to invoke the 227-year-old law through an executive order issued on his first day in office. As part of his mass deportation plans, the order instructed administration officials to “make operational preparations” that could identify any “qualifying invasion or predatory incursion” against the U.S.

On March 14, 2025, President Trump invoked the Alien Enemies Act, citing a Venezuelan transnational terrorist organization he claimed had “infiltrated the United States” and is “undertaking hostile actions against the United States.” This invocation served as the Trump administration’s stated justification to rapidly accelerate its mass deportation plan.

Federal district Judge James E. Boasberg quickly barred the Trump administration from deporting anyone alleged to be part of the transnational gang under the Alien Enemies Act and ordered any planes in the air be turned around. However, the administration continued to send people to El Salvador to be imprisoned without identifying them or providing evidence of their alleged crimes. Some White House officials claimed that the court order did not apply because the flights were purportedly over international waters at the time that it was issued. This was one of many concerning statements from the executive branch calling into question the judicial system’s check on executive power—threatening the foundation of our democracy.

On March 17, Boasberg held a hearing with lawyers for the administration to determine if they were in violation of his order. Boasberg also ordered the government to provide written answers his questions in sworn declarations, including why they believe his initial order didn’t require their compliance. Boasberg later called the government’s answers “woefully insufficient.” The administration’s lawyers later told Boasberg in a court filing that they would invoke the “state secrets privilege” and would not share any additional information about the flights.

In response to his orders blocking the deportations, Trump called for Boasberg to be impeached. Trump’s statements led Chief Justice John Roberts to issue a rare statement. “For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said.

On March 28, the administration filed an emergency appeal at the U.S. Supreme Court after an appeals court denied the administration’s request to lift Boasberg’s orders blocking the deportations.

On April 7, the Supreme Court ruled that the case should not have been filed in Washington, D.C. because the plaintiffs represented in the case were detained elsewhere. They lifted Boasberg’s orders, but did not rule on whether the administration’s use of the Alien Enemies Act itself was proper. The Court allowed the administration to continue deportations under the Act as long as those facing deportation are given due process. The justices wrote that people facing deportation should be given notice that they are subject to the Act, and that the notice should be given “within a reasonable time” so that people can challenge their removal in a habeas corpus petition.

On April 8, two of the plaintiffs filed a new complaint in New York, where they are now detained. The next day, other plaintiffs filed a new complaint in Texas, where they are detained. The judge in New York blocked the Trump administration from deporting the plaintiffs detained there, and the judge in Texas blocked it from deporting the plaintiffs and “any other person” alleged to be a part of the gang referenced in Trump’s proclamation.

Here are some key takeaways about why this statute is inapplicable, and why actions in defiance of a court order are a threat to the rule of law:

On Respecting Court Orders

• When a federal court issues a ruling, it is not a suggestion—it is the law. Even the president must comply.
  • Trump is taking power that does not belong to him. The Trump administration’s refusal to comply with a court order is a dangerous overreach.
• The Constitution divides power between the states, Congress, the courts, and the president. When a president disregards the courts, he is breaking the very system that protects the rights and freedoms of all Americans.
• Our federal court system includes district judges and courts of appeals all the way up to the Supreme Court. Together, all those courts make up our judicial branch—it’s their job to enforce our laws. Each of them plays a critical role in our system of checks and balances.
  • Any attempts to undermine the courts, or go around them, are a direct attack on our system of government.
  • A large majority of Americans, across all parties, agree that Trump should respect court rulings even when they declare that his administration’s actions are illegal or unconstitutional.

On Invocation of the Alien Enemies Act

• The president cannot seize wartime powers to circumvent the Constitution, especially not based on misleading claims. Doing so poses a threat to our democracy and separation of powers.
  • Neither immigration nor drug smuggling are acts of war, an invasion, or a predatory incursion—and certainly not one by a nation or government.
  • Our constitutional system of separation of powers gives Congress, not the president, the power to declare war. And without that declaration, and without an invasion or predatory incursion by another country, this usage of a wartime power is misguided.
• President Trump’s invocation of the Alien Enemies Act is a gross abuse of presidential power.
  • This 200-year-old law may only be invoked in times of war, invasion, or predatory incursion by a “foreign nation or government.”

On Due Process

• Under the U.S. Constitution, no one in this country should be deprived of life, liberty, or property without due process of law. That’s a foundational American value—one that every branch of the U.S. government should follow, including the president.
  • This Act circumvents that principle in times of war and allows the president to detain or deport natives of an “enemy” country without a court hearing or asylum interview.
  • When abused, it endangers our principles around due process which protects our fundamental freedoms.
• It’s critical that the government follows the law while it enforces the law.
  • We have law enforcement and courts through which alleged dangerous criminals can be charged, detained and tried.
  • When the federal government has a public safety concern, it must use the court system to enforce our laws. And if they disagree with a court ruling, the remedy is to appeal, not to circumvent those judicial processes.