Bella Lent

To what extent should the United States government be able to utilize the Alien Enemies Act to deport illegal aliens, and what alternatives exist to using the Act?

Started Jan. 8, 2025

Abstract or project description

This paper examines the historical, of the Trump Administration’s recent use of the Alien Enemies Act (AEA) is detrimental to both the legal integrity of the immigration process and damages civil rights. The Act, first enacted in 1798, enables the government to detain and deport immigrants without a hearing or due process. The AEA has only been enacted three times in the totality of US history. This wartime act, originally enacted to rightfully target and remove enemy ‘aliens’ and enemies of state, the Act has been invoked recently, sparking controversy on immigration policy, executive power and international human rights policy. This paper explores whether the AEA has a valid framework for the deportation of immigrants under legal standards. Furthermore, the paper evaluates potential conflict between the AEA’s lack of due process within the context of contemporary legal standards. The paper details alternative legal mechanisms and and immigration reform policies including reforms at balancing border control with humanitarian obligations, expedited removal under the Immigration and Nationality Act and easier pathways to citizenship such as asylum seeker protections. Ultimately, the paper concludes that the AEA is an inadequate tool to address contemporary immigration issues, advocating instead for alternate courses of action and legal mechanisms for immigration enforcement.