Former President Donald Trump has promised to carry out the largest deportation operation in United States history as part of his 2024 campaign. The details of how he intends to do this have been unclear, but at recent rallies, he has mentioned using an 18th-century law to enforce mass deportations. Trump stated that the deportation operation, known as “Operation Aurora”, will begin in Aurora, Colorado, and that immigrants are “trying to conquer us”. He also mentioned invoking the Alien Enemies Act of 1798 to expedite the removal of gang members and criminal networks operating in the US.
Trump specifically referenced a Venezuelan gang, Tren de Aragua, which he claimed had taken over multiple apartment complexes in Aurora. However, local officials have pushed back against these claims, stating that concerns about Venezuelan gangs in Aurora have been exaggerated. Aurora police have arrested members of the gang but have not confirmed that they have taken over any apartment complexes. Legal experts have expressed doubt about Trump’s ability to use the 1798 law for mass deportations, as the law was specifically enacted for wartime situations and cannot be invoked in peacetime to bypass conventional immigration law.
The Alien Enemies Act of 1798 is part of a set of four laws known as the Alien and Sedition Acts, passed by the United States in anticipation of a war with France. The law allows the president to detain and deport individuals from a hostile nation or government without a hearing in specific wartime situations. The law has been invoked three times in US history, including during the War of 1812, World War I, and World War II. Trump’s plan to use this law against gang members and for mass deportations has been met with skepticism from legal experts.
Legal and immigration experts have disagreed with Trump’s characterization of illegal immigration and drug smuggling at the southern border as an invasion. Trump and his allies have argued that the increase in illegal immigration under President Joe Biden is equivalent to an invasion, but experts have countered this claim. Trump’s previous promises of mass deportations, made during his 2016 campaign, were not fully realized during his time in office. The lack of resources needed to find, detain, and deport a large number of people remains a significant challenge to carrying out a mass deportation operation.
While there is uncertainty about whether Trump could use the Alien Enemies Act for mass deportations, any attempt to do so would likely face legal challenges in court. The courts have historically considered matters related to war powers and invasions to be political questions outside of their jurisdiction. Trump’s promises to carry out mass deportations have sparked concern among legal experts, who question his authority to use an old statute in peacetime for a purpose for which it was not intended. The potential implications of Trump’s proposed deportation operation remain to be seen, but it is clear that legal and logistical challenges would need to be addressed.
