President Donald Trump is pushing forward with his immigration crackdown, as he may soon implement deportations through the use of the 1798 Alien Enemies Act to deport immigrants with alleged crimes without court hearings.
Trump ordered military and immigration officials to be ready to implement the act by Feb. 3, which was last used to justify the internment of Italian, German, and Japanese descendants in the US during World War Two.
Now, Trump may use the act to push his deportation efforts along quicker, though it could face legal challenges.
The Alien Enemies Act would allow Trump to deport migrants who are deemed part of an “invasion or predatory incursion.”
However, challengers would say that Trump’s use of the law is an overstep, as it’s previously only been used during wartime.
According to the Brennan Center for Justice, the president can only “invoke the Alien Enemies Act in times of ‘declared war’ or when a foreign government threatens or undertakes an ‘invasion’ or ‘predatory incursion’ against US territory.
This means that if Trump’s use of the law is challenged, his administration would have to prove in court that the country is being invaded by those he is trying to deport.
On Jan. 20, the White House shared that it was starting the process of designating criminal cartels and gangs present in the US. Among the gangs being targeted include the Venezuelan gang Tren de Aragua. Through the act, Trump would be able to deport alleged gang members, even if they have not yet had a court hearing.
On Saturday, the move became easier for Trump to make, as he said that Venezuela had agreed to accept all deportees from the US despite the two nations not having the best relations.
Trump has been working fast to address the situation at the border and the millions of illegal immigrants who have entered the country over the last four years.
The US Immigration and Customs Enforcement has increased its efforts to arrest illegal immigrants, with numbers surging to 1,000 arrests per day, almost three times the daily average in 2024.
The agency has the means to hold an average of 41,500 migrants this year, but data shows it is currently holding 40,000 people in custody.