Deported migrants are guarded by elements of the National Institute of Migration at the entrance of the Paso del Norte International Bridge in Ciudad Juarez, Mexico, on February 1, 2025, where North American authorities carry out these mass deportations and hand them over to personnel of said institute.
(Photo by Gerardo Vieyra/NurPhoto)
US President Donald Trump plans to invoke the 1798 Alien Enemies Act to deport alleged gang members without due process. The statute was used in 1812 against British nationals, during World War I against nationals of the German Empire and Austria-Hungary, and in World War II against Americans of Japanese descent. It would allow Trump to bypass traditional legal avenues and speed up removals, which the administration says is necessary due to high immigration backlogs.
Is this use legal? The American Civil Liberties Union flagged the potential use of the law in October and has said it will challenge the policy, arguing that it was designed to respond to a foreign invasion, not to tackle illegal migration. On Jan. 22, Rep. Ilhan Omar and Sen. Mazie Hironoreintroduced a bill to repeal the act.
Where would deportees be held? Last week, Trump announced the reopening of the US Guantánamo Bay detention facilities in Cuba, which could house up to 30,000 detainees. “Alien enemy” deportees will also be interned at a space base in Aurora, Colorado, while awaiting removal to their country of origin.