Skip Navigation
Analysis

Trump Is Attempting to Use Wartime Powers in the United States

To serve his deportation agenda, the president is warping an archaic, discredited law.

This article first appeared at The Atlantic.

Immediately after the Japanese bombing of Pearl Harbor on December 7, 1941, President Franklin D. Roosevelt proclaimed an “invasion” and invoked the Alien Enemies Act of 1798. Under that law, the Roosevelt administration held more than 31,000 non–U.S. citizens of Japanese, German, and Italian descent in internment camps over the course of World War II. The great majority of them were detained as “dangerous” enemy aliens, a designation made by the government based primarily on their citizenship or place of birth and without anything approaching due process of law.

Today, we are seeing alarming echoes of this history. Deported under the same statute, a group of 137 Venezuelan immigrants is being held indefinitely in a Salvadoran prison notorious for human-rights abuses. Although the Trump administration claims that they are members of Tren de Aragua, a Venezuelan gang, they have had no hearing to test that claim. The government has conceded in court filings that “many” of those removed under the Alien Enemies Act “have no criminal record in the United States”; some appear to have been targeted at least in part for having common tattoos, such as roses or crowns.  Read the rest at The Atlantic >>