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The Alien Enemies Act: A Controversial History and Its Modern-Day Revival

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The Alien Enemies Act of 1798 , one of the four infamous Alien and Sedition Acts, was originally designed to empower the president to detain or deport non-citizens from hostile nations during wartime. Passed amid fears of foreign influence during the quasi-war with France, the act has been invoked only sparingly throughout U.S. history. However, its use has often been controversial, and its latest application by former President Donald Trump in 2025 has reignited debates about its constitutionality, fairness, and relevance in modern times. Trump’s invocation of the act targets Venezuelan migrants, allegedly linked to the Tren de Aragua gang—a group he recently designated as a Foreign Terrorist Organization. Critics argue that this move is not only legally dubious but also a pretext to deport thousands of Venezuelans, most of whom are asylum seekers fleeing violence and economic collapse in their home country. This article explores the origins of the Alien Enemies Act,...