Bulwark Takes: Trump Thinks It’s 1798 – Could the Alien & Sedition Act Return?

Release Date: March 14, 2025

Overview

In this compelling episode of Bulwark Takes, host Andrew Egger dives deep into the escalating immigration and deportation policies under the Trump administration. Joined by immigration reporter Adrian Carrasquillo and writer Mona Sharon, the discussion centers around the administration's controversial actions, including the potential revival of the 18th-century Alien and Sedition Acts. The episode dissects the implications of these measures on American liberties, legal frameworks, and the broader democratic landscape.

Trump's Escalating Deportation Efforts

Andrew Egger opens the discussion by highlighting President Donald Trump's intensified approach towards mass deportation. The administration is reportedly taking significant enforcement actions aimed at broadening deportation powers, signaling a shift towards more authoritarian immigration policies.

Andrew Egger [01:05]: "Donald Trump has really been escalating in kind of a dramatic way his attempts to move the country toward mass deportation."

The Mahmoud Khalil Case

A focal point of the episode is the case of Mahmoud Khalil, a Columbia University graduate student involved in organizing protests against Israel's war in Gaza. Khalil's sudden disappearance by the Trump administration underscores the administration's aggressive stance.

Mona Sharon [01:37]: "Mahmoud Khalil was taken from... sent to Louisiana, which is actually an extremely notorious ICE detention center."

Adrian Carrasquillo elaborates on the broader implications, emphasizing that targeting individuals like Khalil, who hold green cards, marks a dangerous expansion of deportation beyond undocumented immigrants.

Adrian Carrasquillo [03:32]: "He did not do anything illegal... the government isn't even claiming that. They're just saying this is the kind of person we don't like."

Alien Enemies Act of 1798 and Its Potential Revival

The episode delves into the possibility of the Trump administration invoking the Alien Enemies Act of 1798—a law designed for wartime conditions—to justify mass deportations. This move would represent a maximalist interpretation of presidential powers in immigration enforcement.

Andrew Egger [11:28]: "The little known 18th century law, the Alien Enemies act of 1798, gives the president tremendous authority to target and remove undocumented immigrants."

Mona Sharon draws parallels between current rhetoric and historical instances of authoritarianism, warning of potential civil liberties abuses reminiscent of World War II internment camps.

Mona Sharon [12:41]: "This is what led to, you know, Japanese, Italian, Germans being in internment camps during World War II."

Implications for American Liberties

The conversation underscores the threat these policies pose to foundational American rights. The administration's actions against Khalil and legal firms like Perkins Coie signal a broader assault on free speech and legal protections.

Andrew Egger [03:32]: "It is a flagrant assault on American liberties."

Adrian emphasizes that undermining the rights of individuals with green cards erodes the protections afforded to all citizens and residents, potentially paving the way for further authoritarian measures.

Adrian Carrasquillo [06:35]: "If his rights are not protected, all of our rights are in danger."

Political Strategy and Legal Challenges

The hosts analyze the Trump administration's tactical approach, noting the deliberate targeting of unpopular figures to erode legal safeguards incrementally. They discuss the likelihood of these actions being challenged in courts, including the Supreme Court, and the potential outcomes of such legal battles.

Adrian Carrasquillo [14:30]: "This will be such a clear test of integrity for the conservatives... the great question of our time is how will the courts rule?"

Andrew expresses frustration over missed opportunities by Congress to curb presidential emergency powers during the Biden administration, which could have mitigated the current overreach.

Andrew Egger [18:50]: "They could have... reduced drastically his ability to impose tariffs... A disastrous missed opportunity."

Future Outlook and Conclusions

As the episode wraps up, the guests reflect on the precarious state of American democracy. They stress the importance of judicial checks and the resilience of democratic institutions in the face of potential authoritarian drift.

Adrian Carrasquillo [19:43]: "The fate of our democratic republic rests on how these issues are going to get resolved."

The discussion concludes with a call to vigilance and advocacy to protect constitutional rights against overreaching executive actions.

Key Takeaways

• The Trump administration is intensifying its mass deportation efforts, potentially invoking the Alien Enemies Act of 1798.
• High-profile cases like Mahmoud Khalil's highlight the administration's aggressive and possibly unconstitutional strategies.
• These actions represent a significant threat to American civil liberties, including free speech and legal protections for residents.
• Legal challenges are imminent, posing critical questions about the integrity of the judiciary and the future of democratic norms in the U.S.
• There is a pressing need for organized opposition and legislative action to safeguard against authoritarian overreach.

Notable Quotes

• "He did not give material support to terrorists as far as we know." — Andrew Egger [03:32]
• "If his rights are not secure, neither are ours." — Mona Sharon [02:53]
• "The fate of our democratic republic rests on how these issues are going to get resolved." — Adrian Carrasquillo [19:43]

This episode of Bulwark Takes serves as a critical examination of the Trump administration's immigration policies and their broader implications for American democracy. Through insightful analysis and expert commentary, Andrew Egger and his guests shed light on the urgent need to defend constitutional rights against potential authoritarian measures.