You’ve probably heard the term "Operation Aurora" or seen the headlines about a 228-year-old law being dusted off for 2026. It sounds like something out of a history textbook, and honestly, that’s because it is. When Donald Trump talks about his plan to invoke the Alien Enemies Act of 1798, he isn't just talking about a simple policy tweak. He is reaching back to the era of John Adams to find a legal "sledgehammer" that was originally designed to stop French spies and British saboteurs.
Most people think deportation is a long, drawn-out process involving years of court dates and immigration judges. Usually, it is. But the Alien Enemies Act is different. It’s a wartime power. If you’re a citizen of a country the U.S. is at war with—or a country that has "invaded" the U.S.—the President can theoretically bypass the entire court system. No judge. No hearing. Just a one-way ticket.
How the Alien Enemies Act Actually Works
Basically, the law allows the President to detain or deport any "native, citizen, denizen, or subject" of a hostile foreign nation during times of declared war, invasion, or "predatory incursion." It was passed as part of the notorious Alien and Sedition Acts. Back then, the U.S. was in a "Quasi-War" with France. Since then, it’s only been used three times: the War of 1812, WWI, and WWII.
Wait. We aren't at war with Mexico or Venezuela, right? That’s where things get kinda complicated. To invoke the Alien Enemies Act, the Trump administration argues that the influx of migrants and the presence of gangs like Tren de Aragua constitute an "invasion" or "predatory incursion." Legal experts like Katherine Yon Ebright from the Brennan Center for Justice argue this is a massive stretch. Historically, "invasion" meant a foreign government’s military crossing the border. But Trump’s team is betting that a sympathetic Supreme Court might redefine that to include non-state actors like cartels.
The Venezuelan "Test Case" in 2025
We’ve already seen a preview of this. In March 2025, the administration invoked the act specifically to target suspected members of the Venezuelan gang Tren de Aragua. It was a chaotic weekend. Over 100 Venezuelan nationals were rounded up and flown to a maximum-security prison in El Salvador.
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The courts didn't just sit back, though. Federal District Judge James E. Boasberg stepped in almost immediately. He ordered planes to be turned around while they were still in the air. He ruled that you can't just ignore due process because you used the word "invasion." But the administration pushed back hard, arguing that national security decisions belong to the President, not the "unelected" judiciary.
The High Stakes of "Summary Removal"
Why is the Trump administration so obsessed with this specific law? Speed.
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Standard immigration law, specifically the Immigration and Nationality Act (INA), is a bureaucratic nightmare. It’s full of "due process"—the right to see a judge, the right to ask for asylum, and the right to appeal. The Alien Enemies Act skips all of that. Under this authority, the government doesn't have to prove you committed a crime. They only have to prove you are a citizen of the "enemy" country.
- Standard Deportation: Requires a Notice to Appear (NTA), months of hearings, and a final order from an immigration judge.
- Alien Enemies Act Removal: The President issues a proclamation, and ICE can move directly to detention and expulsion.
Can the Courts Stop It?
It depends on who you ask. Historically, the Supreme Court has been very hands-off when the President uses wartime powers. Cases like Ludecke v. Watkins (1948) basically said the President’s power to deport "enemy aliens" is "not subject to judicial review."
However, the 2026 legal landscape is different. In early 2026, the Justice Department filed new briefs with the Fifth Circuit, claiming that the extraction of Nicolas Maduro's allies and the "hostile actions" of Venezuelan-backed groups justified the act's continued use. But groups like the ACLU argue that the 14th Amendment’s due process clause didn't even exist when the Alien Enemies Act was written. They say the Constitution has "leveled up" since 1798, and the President can't use an old law to bypass modern rights.
Misconceptions and Risks
There is a huge misconception that this only affects people with criminal records. That’s not true. If the act is fully invoked against a specific nation, any citizen of that nation—even those here legally with green cards—could technically be subject to it.
- Birthright Citizenship: There is a real fear that the administration will use this in tandem with efforts to end birthright citizenship.
- Racial Profiling: If the goal is to find "enemies" based on nationality, anyone who looks like they are from a specific country could be swept up in raids.
- The Cost: The American Immigration Council estimates that a mass deportation effort on this scale could cost over $315 billion.
What This Means for You Right Now
If you or someone you know is worried about the Alien Enemies Act, the most important thing is to stay informed about which "nations" have been named in proclamations. As of now, the focus has been on Venezuela, but the rhetoric has expanded to include other countries.
Next Steps to Consider:
- Check Your Documents: Ensure all residency and citizenship papers are up to date and physically accessible.
- Know Your Rights: Even under the Alien Enemies Act, the Supreme Court (in its 2025 rulings) suggested that individuals still have the right to file a habeas corpus petition to challenge the legality of their detention.
- Legal Consultation: If you are a national of a country currently being labeled as "hostile" by the administration, talk to an immigration attorney specifically about "preventative" filings.
- Watch the Dockets: Keep an eye on cases like J.G.G. v. Trump. These will determine if the "invasion" argument holds water or if the 1798 law stays in the history books.
The reality is that we are in uncharted waters. Using 18th-century war powers to manage 21st-century migration is a legal experiment with millions of lives in the balance. It’s not just about immigration; it’s a test of how much power any one person should have over who gets to stay in America.