Cato Daily Podcast
The Phony Invasion at the Heart of Trump's Deportations under the Alien Enemies Act
Mar 20, 2025
Ilya Somin, the B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute and an expert in constitutional law, delves into the controversial use of the Alien Enemies Act for deporting alleged gang members. He argues that these actions could jeopardize American safety and highlights the disconnection between organized crime and notions of invasion. Somin critiques the legality of such deportations amidst due process failures, stressing the risks of governmental overreach and the erosion of civil liberties for both immigrants and U.S. citizens.
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Quick takeaways
- The invocation of the Alien Enemies Act for deportations under dubious circumstances raises significant constitutional concerns about civil liberties and due process.
- Framing drug-related criminal activities as a 'foreign invasion' threatens to dilute the act’s original intent and sets a dangerous precedent for future governmental overreach.
Deep dives
The Alien Enemies Act and Its Historical Context
The Alien Enemies Act, part of the Alien and Sedition Acts of 1798, was designed to address perceived threats during times of war, specifically targeting citizens of countries at war with the U.S. This law historically enabled the president to detain or deport individuals from nations deemed hostile, but its current invocation raises concerns as the country is not officially at war with Venezuela. The act has only been used in genuine military conflicts, such as the War of 1812 and both World Wars, making its current application controversial. Critics argue that applying it to situations like immigration or drug issues dilutes its original intent and jeopardizes civil liberties without an adequate legal basis for action in these contexts.
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