What Is the Alien Enemies Act—and Why Does It Still Matter?
Most Americans have never heard of the Alien Enemies Act, even though it’s been quietly sitting in our laws since 1798. It sounds like something from a sci-fi movie, but it’s very real—and it gives the President the power to detain or deport people from “enemy” countries during wartime.
This law has only been used a few times in U.S. history, mainly during World Wars I and II. But recently, it’s made headlines again—this time not in a war against nations, but against gang violence. That sudden shift has raised serious legal and human rights questions.
So where did this law come from? What was it meant to do? And why is it still around more than 225 years later?
Let’s break it down.
A Law Born Out of Fear
Back in 1798, the U.S. was a brand-new country, barely two decades old and already feeling threatened. France, going through its own revolution, was fighting wars across Europe. U.S. leaders were afraid French spies or sympathizers might stir up trouble at home. To protect national security, Congress passed a group of laws called the Alien and Sedition Acts.
One of those was the Alien Enemies Act (AEA). It gave the President power to arrest, detain, or deport adult men (and later women) from enemy countries—but only during times of declared war or invasion.
The idea was simple: If the U.S. is at war, and there are people from that enemy country living here, the government should be able to act quickly if any of them pose a threat.
Not Just Another Law
Unlike the other Alien and Sedition Acts, which expired or were repealed soon after, the Alien Enemies Act never went away. It’s still part of U.S. law today. That’s because while the other laws mostly targeted political speech and immigration, the AEA was considered a wartime emergency measure.
Even President Thomas Jefferson—who opposed the Alien and Sedition Acts—let the AEA stay in place when he came into office. And in 1918, it was updated to include women, too.
From Dormant Law to Wartime Weapon
The Alien Enemies Act has only been used a few times, but when it has been invoked, it’s made a big impact:
• War of 1812: Used against British nationals.
• World War I: President Woodrow Wilson required German-born residents to register as enemy aliens. Thousands were detained.
• World War II: President Franklin D. Roosevelt expanded the law’s use to Japanese, German, and Italian nationals. Many were sent to internment camps—part of a broader and painful chapter in U.S. history that included the forced relocation of Japanese Americans.
Each time, the law was used to respond to wartime fear, often casting a wide net over entire communities based on nationality—not necessarily based on individual guilt.
A New Kind of War?
Fast forward to 2025, and we see the AEA being used in a very different way.
Former President Donald Trump issued an executive order labeling certain Venezuelan migrants as “enemy aliens” under the AEA. His administration claimed they were part of a dangerous gang, Tren de Aragua, and used the Act to detain and deport hundreds—without the usual legal hearings that most immigrants would receive.
This marked the first time the law was used without a declared war. Instead of responding to a conflict between nations, it was applied in what some called a “war on gangs.” That move has sparked lawsuits and serious concern from legal experts and human rights groups.
Why It Matters Now
The Alien Enemies Act is a powerful tool that was designed for very specific situations—wartime, when fast action might be needed to stop a real threat. But when it’s used outside of that context, it raises big questions:
• Who gets to decide who is an “enemy”?
• What rights do immigrants have in times of fear or crisis?
• How do we balance national security with individual liberty?
This 18th-century law still has the power to change lives in the 21st century. That’s why understanding its history and purpose matters—because how we use it today says a lot about who we are as a country.