Trump set to invoke law used to imprison Japanese Americans in WWII to speed up deportations

President Donald Trump is expected to invoke a rarely-used 227-year-old law, the Alien Enemies Act of 1798, to expedite mass deportations, potentially sending individuals to Guantanamo Bay for detention. 

According to early reports, Trump plans to use this wartime law to remove undocumented immigrants linked to foreign adversaries, particularly targeting members of a Venezuelan criminal group, Tren de Aragua (TDA), which has been accused of operating across U.S. borders.

The Alien Enemies Act, which grants the president sweeping authority during times of war or national threat, has largely remained dormant for over two centuries, last becoming widely utilized during World War II when it was invoked to justify the internment of Japanese Americans. But as early as Friday, Trump could announce plans to deploy this legal framework as part of his broader immigration strategy, which may bypass traditional legal proceedings for some deportees.

Legal experts note that the law could be invoked under two main circumstances: a declaration of war between the U.S. and another country, or if a foreign government threatens or attempts an invasion of U.S. soil, with the president issuing a formal proclamation of such an event.

While the law’s application is contingent on such extraordinary circumstances, the Trump administration appears poised to interpret current threats — particularly those posed by criminal organizations such as TDA, which the U.S. has designated as a foreign terrorist organization — as a justification to invoke the Alien Enemies Act.

The move has raised concerns about the potential erosion of due process. Under the Alien Enemies Act, individuals may be detained or deported without a formal hearing, a stark departure from the usual procedures for deportation cases in U.S. immigration courts. 

The use of Guantanamo Bay as a potential destination for those deported under the Alien Enemies Act has long been criticized for housing detainees without trial. While the Department of Defense is not expected to play a direct role in executing the removals, some speculate that the administration could use the detention facilities there to house those flagged under the law.

Trump’s decision to invoke the Alien Enemies Act marks the latest in a series of controversial moves aimed at intensifying immigration enforcement. His administration has previously implemented policies such as the “zero-tolerance” immigration stance, which led to the separation of families at the U.S.-Mexico border, and has pushed for sweeping changes to asylum laws.

As the debate surrounding immigration continues to divide the nation, the invocation of an 18th-century law to carry out deportations on a mass scale is expected to deepen the polarization. Legal experts warn that if the administration moves forward with this plan, the issue is likely to remain in the courts for years, as it triggers significant questions about the limits of executive power, national security and the rights of immigrants.

As of now, the final details of Trump’s announcement remain unclear, but the potential for a significant legal showdown seems inevitable, leaving many to wonder how far the U.S. will go in the name of immigration enforcement and national security.