CBS News reported that President Trump plans to use a law from wartime known as the Alien Enemies Act of 1798 to deport some migrants in a summary manner, including to Guantanamo, intensifying his immigration crackdown.
The 227-year-old law grants presidents extraordinary powers to order the detention
Sources who spoke on condition of anonymity in order to discuss internal deliberations said that Mr. Trump will cite an 18th century statute to order the detention and deportation immediately of suspected members from the Venezuelan gang Tren de Aragua. His administration has designated the gang as a terrorist organization.
Officials are preparing to send suspected gang-members to the U.S. Two U.S. officials confirmed that the Naval Base in Guantanamo, Cuba will be opened soon after President Trump invokes his Alien Enemies Act. On Mr. Trump’s orders, officials are detaining migrants at the Naval Base awaiting deportation, even though the holding facility was left empty this week.
The Alien Enemies Act does not allow for a hearing in court or an interview with an asylum officer, as they are processed under a wartime emergency authority and not immigration law. They would instead be able to be detained or deported with little or no due process under Title 50 of the U.S. Code, which contains America’s wartime and defense laws.
CNN was the first to report that Mr. Trump planned to invoke the law on Friday.
In the history of the United States, the Alien Enemies Act was invoked only a handful of times, most notably during World War II when the government would monitor and detain Italians, Germans and Japanese immigrants living in the U.S.
Legal challenges are almost certain to be filed against the invocation of this law to target migrants coming from countries where the U.S. does not have a war with.
On his first day at the White House, Mr. Trump announced his intention to invoke the Alien Enemies Act through a new executive order. The order directed that the secretaries for state and homeland security prepare the necessary facilities to “accelerate the removal” of those who are subject to the law.
In his inaugural speech, Mr. Trump stated that “by invoking Alien Enemies Act of 1798 I will direct my government to use all the immense power of federal, state, and local law enforcement in order to eliminate any foreign gangs or criminal networks bringing destructive crime to U.S. territory, including our cities, and inner cities.”
CBS News contacted representatives of the White House, Department of Homeland Security and other agencies for comments.
