Alien Enemies Act: A Dark Chapter in U.S. History
Imagine being arrested, locked away, or kicked out of the country—not because of anything you did, but because of where you were born. That’s exactly what happened to thousands of people in American history under a law that’s still on the books today: the Alien Enemies Act.
Passed in 1798, the law gives the U.S. government power to detain or deport people from countries we’re at war with—just because of their nationality. It’s rarely used, but when it is, the results have been dramatic and often deeply unjust. Let’s take a look at how this law played out during major wars in American history—and what it teaches us about power, fear, and fairness.
The First Test: War of 1812
The Alien Enemies Act got its first real test when the U.S. went to war with Britain in 1812. President James Madison declared British citizens in America to be “alien enemies.” Some were detained or forced to leave, but the action was limited. The government didn’t have a lot of resources, and the country wasn’t nearly as large or organized as it is now.
Even then, though, the basic ethical question was clear: Is it right to punish people not for what they’ve done, but for where they come from?
World War I: Fear Takes Over
Fast forward a hundred years to World War I. When the U.S. joined the war in 1917, President Wilson used the Alien Enemies Act to target immigrants from Germany and Austria-Hungary. Nearly half a million people were forced to register as “enemy aliens.” They had to carry special ID cards, follow curfews, and stay away from certain areas. Around 6,300 were arrested and locked up—most without any proof of wrongdoing.
This wasn’t about catching spies. While a few actual threats were found, most people caught up in this dragnet were just ordinary immigrants. The fear of the enemy—and a surge of anti-German hate—led to sweeping restrictions that upended lives and families.
World War II: Mass Internment on an Unprecedented Scale
Then came World War II—and the darkest chapter in the use of the Alien Enemies Act.
Right after the attack on Pearl Harbor in 1941, President Roosevelt used the Act to label tens of thousands of Japanese, German, and Italian nationals as enemy aliens. They were banned from traveling freely, forced to register again, and had their assets frozen. Many were arrested—often based on rumors or stereotypes.
The numbers are staggering: about 31,000 people, mostly of Japanese and German descent, were interned in Department of Justice camps for years.
But it didn’t stop there.
Using a separate order (Executive Order 9066), the government also removed over 110,000 Japanese Americans—the majority of them U.S. citizens—from their homes and forced them into internment camps. The Alien Enemies Act didn’t directly apply to citizens, but it helped create the climate of fear that made this mass incarceration possible.
Legal but Unjust
At the time, all of this was legal. Courts mostly sided with the government. The Supreme Court even upheld the internment of Japanese Americans in the now-infamous Korematsu v. United States decision.
But being legal doesn’t make something right.
Decades later, the U.S. government admitted these actions were wrong. In 1988, Congress apologized and paid reparations to Japanese American survivors. And in 2010, the Department of Justice apologized for the treatment of Italian Americans. Still, the Alien Enemies Act was never repealed.
A Law with a Dangerous Legacy
What do we learn from all this?
That in times of war or crisis, fear can make us turn against our neighbors. The Alien Enemies Act gave presidents the power to round up immigrants based on nothing more than where they were born. And while it was used most aggressively during the world wars, the law still exists—and could be used again.
That’s why remembering this history matters. Because if we’re not careful, the next time fear rises, we might repeat the mistakes of the past.