By Jaz McKay
President Trump is reportedly gearing up to invoke the Alien Enemies Act of 1798 to turbocharge mass deportations of illegal immigrants, focusing on dangerous groups like the Tren de Aragua gang, now branded a foreign terrorist organization. Sources, including a CNN report today, say this could drop any day now, potentially reshaping the immigration fight in ways we haven’t seen in over a century. But let’s unpack this, because there’s a lot to chew on.
First, a quick history lesson: the Alien Enemies Act, passed in 1798 under President John Adams (not 1799 as some claim), was part of the Alien and Sedition Acts. It lets the president detain or deport nationals of a foreign enemy during a declared war or invasion, think War of 1812, World War I, and World War II, when it was used to round up German, Italian, and Japanese nationals. Trump’s team wants to use it now to sidestep the backed-up immigration courts, speeding up removals by treating the border crisis as a national security threat. They’re eyeing gangs like Tren de Aragua, tying them to broader cartel chaos, and Trump has been vocal about this since his campaign—remember his Aurora, Colorado rally?
Here’s where it gets spicy. The establishment is clutching pearls, claiming this is a massive overreach. Legal scholars, like those at the Brennan Center, argue the Act only applies in wartime or if a foreign government is orchestrating an invasion, neither of which fits here. Cartels and gangs are private actors, not state-sponsored forces, so the Act’s original intent doesn’t align with today’s border mess. They’re predicting lawsuits faster than you can say “ACLU,” and history backs their skepticism: the Act hasn’t been used this way in peacetime, ever. Critics warn it could set a dangerous precedent, giving the executive unchecked power to target anyone deemed an “enemy.”
But let’s flip the script—Trump’s base on X is buzzing with support, seeing this as a long-overdue fulfillment of his “America First” promises. They argue the border crisis IS an invasion, with record numbers crossing and gangs like Tren de Aragua wreaking havoc. They point to the human cost—fentanyl deaths, crime stats, and overwhelmed communities, as proof we’re already at war, just not the traditional kind. If the Act can clear out the worst of the worst, they say, why not use it?
The reality check: logistics. Deporting millions isn’t just a legal fight, it’s a resource nightmare. Past administrations, Democrat and Republican alike, have stumbled on this, lacking the funding, manpower, and infrastructure to pull it off at scale. Trump’s plan might slam into the same wall, even with his administration’s gusto. And while the intent is there, reports confirm he’s prepping to roll this out, the “expected to” part isn’t a done deal. No official proclamation has dropped as of now, and the courts could slam the brakes hard if this moves forward.
So, where do we stand? Trump’s got the will, and maybe the way, but the legal and practical hurdles are massive. This could either be a game-changer for border security or a colossal misstep that fuels years of litigation.