You've probably heard the name. It sounds like something out of a mid-century sci-fi flick or a grainy black-and-white newsreel. But the Alien Enemies Act of 1798 is very real, and it has become a central pillar of Donald Trump’s 2024-2026 political platform. Most people think it’s just another piece of campaign rhetoric, but the history is a lot darker—and the legal reality is way more complicated than a simple soundbite.
It's old. Really old.
When John Adams signed this into law, the United States was basically a startup. We were terrified of a war with France that never quite happened. Congress gave the President the power to detain and deport any male over the age of fourteen who was a citizen of a country the U.S. was at war with. Fast forward over two centuries, and Donald Trump wants to use this dusty, 18th-century relic to carry out what he calls "the largest domestic deportation operation in American history." He’s specifically calling it "Operation Aurora."
Why the Alien Enemies Act is Suddenly Everywhere
If you’re wondering why a law from the era of powdered wigs is trending in 2026, you have to look at the legal "loopholes" it offers. Normally, deportation is a slog. It involves immigration judges, years of appeals, and a massive bureaucratic mountain that usually ends in a stalemate. Trump’s team knows this. By invoking the Alien Enemies Act, the executive branch basically tries to bypass the entire judicial system.
It’s a shortcut.
Basically, the act allows for "summary removal." No hearing. No judge. No lawyer. If the President declares that an "invasion" is happening or that a foreign power has made a "predatory incursion," he can theoretically bypass the Due Process Clause of the 14th Amendment. That is a massive "if," though. Legal scholars like Katherine Yon Ebright at the Brennan Center for Justice have pointed out that the law was strictly intended for actual, declared wars between nation-states. It wasn't meant for border security or fighting transnational gangs like Tren de Aragua.
But Trump’s argument hinges on redefining "invasion."
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He’s not talking about the French navy anymore. He’s talking about cartels and gangs. In a rally in Aurora, Colorado—hence the name "Operation Aurora"—Trump explicitly linked the use of this act to the removal of gang members. He’s betting that the Supreme Court will be friendly to an expansive definition of "invasion" that includes non-state actors. It's a gamble that has civil liberties groups sounding every alarm bell they have.
The Dark History We Shouldn't Forget
We can't talk about this without talking about 1942. This is the same law that Franklin D. Roosevelt used to justify the internment of Japanese, German, and Italian nationals during World War II. It’s the legal ghost behind Korematsu v. United States. While the Supreme Court eventually apologized for the internment of Japanese-American citizens, the underlying authority of the Alien Enemies Act to deal with non-citizens was never fully struck down.
It's still sitting there on the books. Waiting.
During the war, the government used Proclamations 2525, 2526, and 2527 to round up people based solely on their country of origin. Thousands were sent to camps in places like Crystal City, Texas. If Trump follows through, the precedent isn't just a legal theory; it’s a lived trauma for thousands of American families who remember what happens when the President gets "emergency" powers over human bodies.
The Legal Wall: Why This Might Not Work
Honestly, the courts are going to be a nightmare for this plan. Even a conservative-leaning judiciary might flinch at the idea of a President declaring an "invasion" by a gang to trigger wartime powers.
Here is why:
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- The "War" Requirement: The law is triggered by a "declared war" or an "invasion or predatory incursion" by a "foreign nation or government." A gang isn't a government. Venezuela isn't invading us with its army.
- Due Process: The Fifth and Fourteenth Amendments apply to all "persons" within the U.S., not just citizens. Removing that right would require a legal gymnastics routine that even the most creative lawyers would struggle to perform.
- The Age Limit: The original law specifies males over 14. If Trump tries to apply this to women or children, he’s already coloring outside the lines of an already controversial law.
Stephen Miller and other advisors have reportedly looked at ways to classify cartels as "foreign powers." It’s a bit of a stretch. Kinda like calling a localized riot a "civil war." But in the world of executive orders, sometimes the goal isn't to win the legal battle—it's to move fast enough that by the time the court stops you, the job is already done.
Real-World Impact on Communities
If "Operation Aurora" actually kicks off using the Alien Enemies Act, the chaos would be immediate. We aren't just talking about people with criminal records. We’re talking about a climate of fear where anyone who looks "foreign" could be caught in a dragnet.
Think about the logistics. You need detention centers. You need transport planes. You need thousands of agents. Trump has suggested using the National Guard, or even moving troops from overseas back to the domestic border. This isn't just a policy shift; it's a militarization of the American interior.
Local law enforcement is already split on this. Some sheriffs in border counties are all-in. They see it as finally getting the tools they need to stop the flow of drugs. Others, especially in "sanctuary" cities, see it as a recipe for a humanitarian disaster and a breakdown in community trust. If people are afraid that talking to a cop will lead to a summary deportation under an 18th-century law, they stop reporting crimes. The city gets less safe, not more.
What Supporters Say
You have to look at both sides to see the full picture. Proponents of using the Alien Enemies Act argue that the current immigration system is fundamentally broken beyond repair. They argue that when you have millions of people crossing the border illegally, it is an invasion in the practical sense, even if it doesn't involve tanks and uniforms.
They see this as the "nuclear option" necessary to restore order.
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To them, the legal technicalities are just excuses for inaction. They point to the rise in fentanyl deaths and high-profile crimes committed by undocumented immigrants as proof that the President needs extraordinary powers. For a large portion of the electorate, the "wartime" framing feels appropriate because they feel like the country is under siege.
The Contrast With Current Law
Right now, we use Title 8 of the U.S. Code. It’s slow. It’s methodical. It’s frustrating for people who want instant results. Trump’s pivot to the Alien Enemies Act is essentially an admission that the standard legal framework isn't fast enough for his goals.
It’s a shift from "immigration law" to "war power."
That distinction is everything. Immigration law is about individuals and their right to stay. War power is about "enemies" and the state's right to survive. When you change the vocabulary, you change what the government is allowed to do to you.
Actionable Insights and Reality Checks
If you are tracking the developments of the Alien Enemies Act and its potential implementation, here is what you actually need to watch for:
- Watch the Proclamations: The act cannot be "just used." The President must issue a formal proclamation stating that a foreign government has threatened or attempted an invasion. If Trump wins and his first day includes a proclamation naming Venezuela or another nation as an "invader," the clock has started.
- Monitor the Supreme Court Docket: Any attempt to use this law will be hit with an immediate injunction. The speed at which the Supreme Court takes up the case will tell you everything you need to know about the plan's viability.
- Check Local "Interposition": Some states might attempt to block federal agents from using state resources for these deportations. We’ve seen this tension in Texas with Governor Abbott, but the roles would be reversed in blue states.
- Focus on "Aggravated Felonies": Even if the act is stayed by a court, the administration will likely use the threat of the act to pressure people into "voluntary" departure.
The Alien Enemies Act isn't just a talking point. It’s a blueprint for a fundamental shift in how the American government interacts with non-citizens. Whether it stands up to judicial scrutiny is one thing, but the intent to use it marks a turning point in the use of executive power. Understanding the history—from the 1790s to the 1940s—is the only way to see where we might be headed in the next few years. It’s a heavy piece of history, and it’s being dusted off right before our eyes.
Stay informed by following the Federal Register for any new executive orders and keeping an eye on the Brennan Center’s ongoing litigation trackers. The legal landscape is shifting daily, and what was "settled law" yesterday might be an "emergency power" tomorrow.