Civics 101 What is the Alien Enemies Act?
Jun 3, 2025
Delve into the intriguing Alien Enemies Act, a powerful wartime tool used just four times since 1798. Discover its historical roots during U.S.-France tensions and how it reflects changing constitutional understandings. The conversation unpacks the act's controversial implications for noncitizens and due process. A recent resurgence of this law sparks debate over presidential authority and justice. Join experts like Liza Goitein as they illuminate the act's lasting impact on American democracy and civil liberties.
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Alien Enemies Act Basics
- The Alien Enemies Act gives the president wartime power to detain and deport noncitizens from enemy nations during declared war or invasion threats.
- It was created due to limited law enforcement and immigration law options in 1798 and our different understanding of constitutional rights.
Context for 1798 Law
- In 1798, the U.S. feared enemy loyalists within its borders given lack of law enforcement and immigration laws.
- The Alien Enemies Act acted as a blunt tool for national security threats as finer law enforcement didn't exist yet.
Usage in U.S. Wars
- The Alien Enemies Act has been used in the War of 1812, WWI, and WWII to detain enemy nationals.
- Notably, Japanese American internment was not under this act but via executive order and applied only to non-citizens.
