NPR: 5 things to know about the Alien Enemies Act and Trump’s efforts to use it

World War II poster from Wikimedia Commons

In teaching and writing about immigration law, I have not paid much attention to the workings of the Alien Enemies Act of 1798.  Rachel Treisman of NPR (updated September 3, 2025) helped me brush up on the basics.   The law is perfect for the Trump administration.  “As part of his efforts to crack down on immigration, President Trump has invoked the Alien Enemies Act of 1798, an obscure law that has been used sparingly throughout U.S. history to detain or deport nationals of an enemy nation during wartime or an invasion.”  A key is that the Act has been invoked to allow removal without a hearing.

KJ