Alien Enemies Act is Unconstitutional, Inhumane and Shameful

ILRC Condemns Trump’s Invocation of the AEA to Turbocharge Trump’s Mass Deportation Agenda

(Washington)— President Trump’s decision to invoke the Alien Enemies Act (AEA) to turbocharge his mass deportation agenda is unconstitutional, inhumane and shameful.  The Immigrant Legal Resource Center (ILRC) condemns Trump’s actions and applauds a Saturday evening federal court decision to stop the use of the AEA invocation as grounds for any deportation anywhere in the country.  Since the AEA was established in 1798 it has only been invoked three times: in the War of 1812, World War I, and World War II.  The only time it has been invoked based on an “invasion” was after the attack on Pearl Harbor.

“Trump’s continued attempts to bypass the US Constitution and established legal norms  must be stopped by Congress and the courts,” ILRC Policy Director Sameera Hafiz said. “Moreover, Trump’s outrageous invocation of the AEA, in addition to his recent attempt to deport Palestinian activist Mahmoud Khalil, and his hate-fueled immigration enforcement agenda since Day 1 of his administration bring into sharp relief that we must all stand up, speak out and take action!

“The last time the AEA was used approximately 120,000 individuals of Japanese, German and Italian descent were interned, a shameful stain in our nation’s history,” Hafiz added. “We cannot allow history to repeat itself.”

“This is a time for courageous leadership to stand up and tell the Trump administration tour country does not stand for his cruel policies,” Hafiz said.

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The Immigrant Legal Resource Center (ILRC) is a national nonprofit that works with immigrants, community organizations, legal professionals, and policy makers to build a democratic society that values diversity and the rights of all people. Through community education programs, legal training & technical assistance, and policy development & advocacy, the ILRC works to protect and defend the fundamental rights of immigrant families and communities. Follow us at www.ilrc.org, and @the_ILRC on X (formerly Twitter), Instagram and TikTok. Also follow us on Bluesky @the-ilrc.bsky.social, and on Facebook.