Trump's immigrant deportation plan hinges on a 226-year-old law last used during World War 2

Donald Trump's proposed mass deportation of undocumented migrants could hinge on the Alien Enemies Act, a law enacted in 1798 during the Second World War, a period of tension between the US and France, to detain non-citizens of Japanese, German and Italian descent. Historically used during wartime to detain individuals of enemy nationalities, the law’s potential invocation by Trump raises significant legal and logistical questions.

Trump, who has pledged to "launch the largest deportation program in American history" on his first day in office, has appointed Tom Homan as his border czar to oversee the initiative. Homan, former acting head of Immigration and Customs Enforcement (ICE), previously expressed readiness to lead a large-scale deportation operation.

Legal Barriers to Deportation

Under current US law, even undocumented migrants are entitled to due process. Immigration court proceedings are required to determine deportability, but with a backlog of 3.7 million cases and only around 700 judges, hearings can be delayed by years.

Deporting millions through existing channels would require substantial funding to expand court capacity and detention facilities, with estimates for a one-time mass deportation exceeding $300 billion.

Trump could circumvent these challenges by invoking the Alien Enemies Act, which allows the president to detain or deport individuals based on their nationality during wartime or in response to a foreign invasion.

Practical Challenges Persist
Even if the Alien Enemies Act is invoked, logistical obstacles remain. For one, the American government is going to have to have some place to detain all these people and planes to fly them out - not something that can happen on day one of the presidency.

Legal opposition is also likely, with organizations prepared to challenge the act’s use. If courts deem the matter a political question, Trump’s plan could move forward, albeit slowly.

The debate over Trump's proposed deportation strategy underscores the tension between legal constraints and political ambitions as his administration prepares to address immigration enforcement.