Trump Plans to Activate the Alien Enemies Act – 50,000 Chinese Illegal Immigrants in the U.S. Targeted

May 2023: Refugees and Children Crossing the Panamanian Rainforest.(Photo provided by interviewee/Dajiyuan)

[People News] On March 14, CNN reported that former President Donald Trump intends to activate the Alien Enemies Act of 1798 to expedite the large-scale deportation of illegal immigrants. But does Trump have the authority to do this? And what would it mean?

The Alien Enemies Act was signed into law on July 6, 1798, by then-President John Adams. It grants the government additional powers to manage non-citizens during wartime. Under this law, the president can authorize the arrest, transfer, or deportation of any male aged 14 or older from an enemy nation without normal legal procedures. However, the law also provides certain legal protections for those affected.

Unlike the Alien and Sedition Acts from the same period, which were later deemed invalid by Congress, the Alien Enemies Act remains in effect today under Title 50, Chapter 3, Sections 21-24 of the U.S. Code.

Throughout American history, President James Madison invoked the act against British nationals during the War of 1812, while President Woodrow Wilson used it against enemy nationals during World War I. In 1918, an amendment to the act eliminated the provision that restricted its application to males.

In response to the Pearl Harbor attack during World War II, President Franklin Roosevelt enacted the revised Alien Act on December 7, 1941. He issued Presidential Proclamations No. 2525 (Alien Enemy – Japanese), No. 2526 (Alien Enemy – Germans), and No. 2527 (Alien Enemy – Italians), which authorized the arrest, restriction, detention, and deportation of non-American citizens of Japanese, German, and Italian descent. Subsequently, Roosevelt invoked additional wartime powers, issuing Executive Order No. 9066, which permitted the internment of Japanese Americans under the Alien Act.

In May 1945, the state of hostility between the United States and Germany and Italy came to an end. On July 14, President Harry S. Truman issued Presidential Proclamation No. 2655, which granted the Attorney General the authority to manage hostile foreign nationals within the continental United States. This proclamation allowed for the determination of whether these individuals posed a 'threat to the public peace and safety of the United States,' ordered their expulsion, and established expulsion regulations under the Alien Enemy Act. Subsequently, on September 8 of the same year, Truman issued Presidential Proclamation No. 2662, which authorized the Secretary of State to expel hostile foreign nationals who had been repatriated from Latin American countries to the United States. On April 10, 1946, Truman issued Presidential Proclamation No. 2685, which amended the earlier proclamations and set a 30-day deadline for expulsion.

Historically, when the United States has been at war or in a 'Cold War' state with other nations, several presidents have invoked the Alien Enemy Act to expel non-American citizens with ties to enemy nations, and even American citizens. Therefore, if Trump determines that the United States is currently in a state of war with a particular country, invoking the Alien Enemy Act would not pose any issues.

Last September, as a presidential candidate, Trump announced at a campaign rally that he would invoke the Alien Enemies Act to accelerate the deportation of non-citizens involved in criminal networks. After his inauguration on January 20, Trump reiterated this point in his inaugural speech.

The Trump administration views the U.S. as being in an "unseen war," and the former president has already designated the Chinese Communist Party (CCP) as the primary "enemy." Trump has long acknowledged the CCP’s extensive infiltration of American politics, economy, society, technology, diplomacy, and culture, considering it a significant threat.

In his book Great Again, Trump outlined his perspective on China and the CCP: "The bad side of China is mostly hidden from the outside world. It is a government that controls its citizens' access to the internet, suppresses political dissent, shuts down newspapers, imprisons dissidents, restricts individual freedoms, launches cyberattacks, and uses its influence to manipulate the global economy. At the same time, it continues to strengthen its military power."

Trump also stated that the U.S. economy is "closely tied to China’s, and in a very negative way," but he believes that "China’s economic well-being depends on us. They need our trade more than we need theirs." However, he criticized previous U.S. administrations for failing to leverage this economic advantage.

He emphasized: "Some people want me to stop calling China our enemy. But they are our enemy. They have used low-wage labor to destroy entire industries, cost us tens of thousands of jobs, engaged in espionage against our businesses, stolen our technology, and manipulated their currency to make our imports more expensive—sometimes prohibitively so. As part of America's global strategy, we must strip China of its advantages."

In discussing how to confront the Chinese Communist Party (CCP), Trump asserts that "we must start by confronting the CCP." The U.S. State Department has recently issued guidance documents, and the public distinction between the "CCP" and "China" is a significant step. Expelling CCP infiltration and espionage from all areas of American life remains a crucial initiative. If Trump activates the Foreign Enemies Act, this process will be expedited, particularly regarding young men from China who have entered the U.S. through various channels in recent years.

There are an estimated 20 million illegal immigrants in the United States. Tom Homan, who was appointed by Trump as the "Border Czar," has initiated an unprecedented plan since taking office, which could lead to the deportation of every individual illegally residing in the U.S., including those who entered unlawfully and those who have overstayed their visas.

In a speech, Homan remarked: "The illegal entry of 57,000 Chinese men of military age would not be feasible without the support of the CCP government." Consequently, these individuals, who may pose a threat to U.S. homeland security, will be among the first to be deported. This means that these over 57,000 Chinese men have already been identified by U.S. authorities and are likely to be swiftly deported once the Foreign Enemies Act is enacted, which naturally reduces the CCP's ability to instigate chaos within the United States.

Furthermore, American citizens of Chinese descent who are loyal to the CCP and act on its behalf should also exercise caution, as the Foreign Enemies Act applies to them as well.

(This article was first published by the People News)