Former President Donald Trump is allegedly considering an extraordinary approach to initiate a vast deportation initiative targeting undocumented immigrants, purportedly invoking an obscure 18th-century law, according to insider sources close to his circle.
As reported by Rolling Stone, three unnamed sources disclosed that Trump, alongside his advisors, is exploring the use of the Alien Enemies Act of 1798. This legislation empowers the president to detain or expel foreign nationals from countries engaged in conflict with the United States. This revelation, conveyed by Raw Story on January 7, 2024, suggested the exploration of legal rationales to justify this move, deemed legally contentious.
Originally enacted during the Quasi-War with France from 1798 to 1800, the law’s historical application was primarily against French citizens. Notably, it saw utilization during World War II, notably when President Franklin D. Roosevelt ordered the internment of Japanese Americans.
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Trump’s supposed strategy, as detailed by sources, involves stretching the law’s interpretation beyond its original intent. The plan hinges on labeling Latin American “narco-states” as adversaries due to the alleged infiltration and corruption of their governments by drug cartels and criminal syndicates.
A long-standing legal advisor to Trump, speaking anonymously to Rolling Stone, expressed skepticism about the viability of such a plan. The attorney labeled it “convoluted and implausible” and raised doubts about its legal legitimacy.
The strategy, as outlined by the source, aims to establish a narrative that the presence of cartel members and affiliated individuals in the U.S. constitutes an invasion by hostile foreign entities. Consequently, Trump could assert authority not only to expel these individuals but also their associates, families, and network members who lack U.S. citizenship.
The source acknowledged the anticipated legal challenges and public backlash, especially from human rights organizations and immigrant advocates.
Motivations behind Trump’s purported plan reportedly include appealing to his immigration-hardline support base and undercutting President Joe Biden’s reversal of numerous Trump-era immigration policies. Biden has also pledged to create a pathway to citizenship for millions of undocumented immigrants.
Another source, identified as a former Trump administration official, corroborated that the plan is receiving serious consideration. Trump allegedly aims to announce this strategy ahead of the 2024 presidential election, should he decide to run again.
The source highlighted Trump’s belief in the Alien Enemies Act as a potent tool, expressing frustration that his previous administration never explored its use. Several legal experts and former officials, including William Barr, Chad Wolf, and Thomas Homan, were reportedly consulted and purportedly endorsed Trump’s strategy.
Contrarily, legal experts like Adam Cox, a New York University School of Law professor specializing in immigration law, expressed skepticism. Cox challenged the notion that current migration conditions would satisfy the Act’s requirements. He emphasized historical context, noting the law’s application during periods of actual hostilities between nations, not towards non-state actors like cartels or gangs.
Moreover, Cox highlighted concerns about due process rights for immigrants, emphasizing the entitlement to fair hearings before deportation. He pointed out potential conflicts with other immigration-related statutes and treaties, noting Congress’s authority to override presidential actions it disagrees with.
Cox concluded that Trump’s plan seemed more a desperate attempt to revive his previous immigration agenda than a viable legal strategy, predicting its probable blockage by the courts, akin to many of Trump’s previous immigration policies.
“It’s a fantasy,” Cox asserted, confidently dismissing the likelihood of its realization.
