Trump Improperly Invokes Alien Enemies Act to Drive Deportations
NEWS & RESEARCH
President Trump invoked the 1798 Alien Enemies Act (AEA) to deport "several planeloads of alleged gang members" to El Salvador, where they were incarcerated at the notorious CECOT prison. Despite a court-ordered temporary restraining order, the administration continued the flights, leading a federal judge to find probable cause for criminal contempt. Simultaneously, a Justice Department whistleblower alleged that agency leaders planned to systematically defy court orders and withhold information from the judiciary.
SOURCES: The Guardian | The Guardian | The Guardian | The New Republic | PBS | NPR | GAP
ANALYSIS & OPINION
Legal scholars argue the administration is unlawfully applying the AEA, which historically requires a formal declaration of war or an invasion by a foreign nation. Experts note that "unwanted immigration" does not meet the 1798 statutory threshold for an "attack." Civil rights organizations, including the Brennan Center, emphasize that the Act is best known for its role in the Japanese American internment, calling its modern revival a threat to due process.
SOURCES: Lawfare | New York Times | Brennan Center | Lawfare
HOW TO FIX IT
Litigation: Democracy Forward and the ACLU have filed lawsuits to halt AEA-based deportations. In February 2026, the government was ordered to return over 100 Venezuelans wrongly deported under the Act, though the Administration continues to resist these orders.
Repeal Efforts: Human rights groups argue the AEA is incompatible with international law and should be abolished. The Neighbors Not Enemies Act seeks to fully repeal the 1798 statute.
Legislative Outlook: With a shift in partisan balance, bring the repeal to a floor vote.
Legislation: H.R.630 - Neighbors Not Enemies Act
SOURCES: Brennan Center | Democracy Forward | Rep. Ilhan Omar | The New Yorker
