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USA. 1798 Law: Will It Be Used to Deport Millions?

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Key Takeaways

  1. Donald Trump plans to invoke the 1798 Alien Enemies Act to expedite the deportation of millions of undocumented migrants.
  2. This law, historically used during wars, faces legal and ethical challenges in its modern application.
  3. Experts highlight significant logistical and financial obstacles in implementing mass deportations.

 

Donald Trump has reignited his ambitious plans to deport millions of migrants, this time focusing on the obscure 1798 Alien Enemies Act. This 226-year-old law has been invoked only three times in history, most notably during World War II. Its modern application appears as contentious as ever.

Trump claims this law will bypass the lengthy and expensive immigration court process. Currently, about 3.7 million cases are awaiting hearings, with only 700 immigration judges nationwide. The existing system is overwhelmed, making mass deportations through traditional channels a multi-year ordeal.

How Does the 1798 Law Work?

The Act was originally designed to combat espionage and sabotage during wartime. It grants the president authority to deport citizens of hostile nations without trial. Today, Republican supporters argue that the southern border’s migration surge constitutes an “invasion,” potentially activating the law.

Why Might It Fail?

Legal experts, including those from the Brennan Center, assert the law only applies in formally declared wars. Migrant groups or cartels do not qualify as foreign nations, making the “invasion” argument legally weak.

Moreover, executing such a plan would demand enormous resources: new detention facilities, additional agents, and deportation logistics. Estimates suggest costs could exceed $300 billion.

Potential Fallout

Even if the law is invoked, Trump would face legal and logistical hurdles. Experts doubt this policy can be implemented without significant consequences for the U.S. judicial system and budget.

Whether this becomes a reality or remains political posturing, one thing is clear: the immigration debate in the U.S. has reached unprecedented heights.

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