By: Maggie Hong

Over the past few months, the Trump administration claims to have deported over 100,000 illegal immigrants from the United States. Among them are 130 Venezuelan men, accused of membership with a Venezuelan gang, designated by the US government as a terrorist organization. However, the men were given no chance to dispute these accusations, and many of them live and work legally in the US. So, what gives Trump the power to deport them with no evidence of gang affiliation?

In 1798, a law called the Alien Enemies Act was passed by Congress. It was intended to protect the United States in the event of a war with France, a possibility which seemed likely at the time. It granted the President the power to detain or deport any citizen of an enemy nation without evidence of a crime or a hearing in their defense. It was created as a wartime authority; something only to be used when the US is in a state of war or enemy invasion. However, only Congress, not the President, has the authority to declare war on another nation.

Since its creation, the Alien Enemies Act has only been used three times: during the War of 1812, World War I, and World War II. Notably, it was used to intern Japanese Americans in prison camps during World War II. Many of them were native born American citizens, making them not considered alien enemies under the law. However, they were still interned along with the rest of the Japanese American population.

Trump has invoked this act for the fourth time in US history, the first time not during a major conflict or state of war. This is backed by the opinion that the US is being invaded by illegal immigrants, largely from Mexico and other Latin American countries. This could justify a use of the Alien Enemies Act, as it does provide for enemy invasion. However, this opinion is not backed by any evidence of ill intent or antagonism against the US. And, as Congress has not declared a state of war, this invocation is highly questionable.

The Supreme Court has ordered that one of the immigrants, here legally, be returned to the US. When Trump met with the president of El Salvador, though, he refused to return him, saying the US has no jurisdiction over his prison. As this case continues to develop, it sets precedent as to the power of our executive branch and the other branches’ power to check it.