What Is The Alien Enemies Act?

Summary

Summary of "What Is The Alien Enemies Act?" – The NPR Politics Podcast

Release Date: March 17, 2025
Host: Tamara Keith, Kimon Abustillo, Mara Liasson
Podcast: The NPR Politics Podcast

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Introduction to the Alien Enemies Act

In this episode of The NPR Politics Podcast, hosts Tamara Keith, Kimon Abustillo, and Mara Liasson delve into the recent invocation of the Alien Enemies Act by the White House. This provision, dating back to 1798, has seldom been employed in American history, with its latest use occurring during World War II. The administration's decision to deport hundreds of individuals allegedly linked to Venezuelan gangs has sparked significant legal and political discourse.

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Understanding the Alien Enemies Act

Kimon Abustillo provides a comprehensive background on the Alien Enemies Act:

"The Alien enemies Act of 1798 is a rarely used law that gives the president authority to detain or deport nationals of an enemy nation, particularly during wartime. This is only the fourth time in American history a president has used the act, and the first since World War II. The law requires war to be formally declared, which, you know, Congress only really has the authority to do." [01:10]

The act grants the president extraordinary powers to manage national security threats by allowing swift action against individuals deemed enemies without the usual due process afforded in regular immigration proceedings.

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Recent Invocation and Administration’s Actions

On March 17, 2025, the administration invoked the Alien Enemies Act to deport over 200 individuals identified as members of the Venezuelan gang, Trende Aragua, to El Salvador. This decisive action underscores the administration's aggressive stance on immigration and national security.

Tamara Keith highlights the unprecedented nature of this move:

"This is the first time since World War II that the act is being used."

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Legal Challenges and Judicial Response

The administration's actions quickly faced legal scrutiny. A federal court in Washington, D.C., issued a preliminary ruling that temporarily blocked the deportation of five men under the act. Following increased legal pressure, the court extended this block to a two-week stay on further deportations.

Mara Liasson emphasizes the judiciary's role:

"The courts get to decide what's a lawful basis. [...] We're now got two branches of government who are vying to see who gets to decide what's legal and what's not." [04:09]

Despite the court's orders, over 200 individuals were deported before the stay could take full effect, raising questions about executive overreach and adherence to judicial mandates.

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Administration’s Defense and Statements

The White House, through Press Secretary Caroline Levitt, defended the deportations by asserting:

"The administration did not refuse to comply with a court order. The order, which had no lawful basis, was issued after terrorist TDA aliens had already been removed from US Territory. The written order and the administration's actions do not conflict." [04:01]

Additionally, Tom Homan, the Border Czar, voiced unwavering support for the administration's policies:

"Every day, the men and women of ICE are going to be in the neighborhoods of this nation arresting criminal, illegal alien, public safety threats and national security threats. [...] We're not stopping. I don't care what the judges think. We're coming." [04:57]

These remarks indicate a stark dismissal of judicial authority and a commitment to aggressive immigration enforcement.

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Implications for Separation of Powers and Rule of Law

The episode underscores a growing tension between the executive and judicial branches. Mara Liasson comments on the broader implications:

"This is a pretty big assault on the rule of law." [07:04]

The administration's willingness to bypass the judiciary challenges the foundational principle of separation of powers, potentially setting dangerous precedents for future executive actions.

Mara Liasson further elaborates:

"He who saves his country does not violate any law."

This mindset reflects a profound shift in the administration's approach to governance, prioritizing executive authority over legal constraints.

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Future Developments and Potential Outcomes

Looking ahead, Kimon Abustillo outlines the legal landscape:

"There's going to be another hearing later today where we're going to see whether or not those fights were lawfully taken off ground or not. And then eventually whether or not Trump can use this act to deport more people." [10:06]

The ongoing legal battles will determine the extent to which the administration can continue to utilize the Alien Enemies Act. However, those already deported to El Salvador remain beyond the reach of U.S. legal proceedings, raising humanitarian and diplomatic concerns.

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Conclusion

The invocation of the Alien Enemies Act by the current administration marks a significant and controversial move in U.S. immigration policy. This episode of The NPR Politics Podcast provides an in-depth analysis of the act's historical context, the administration's motivations, legal challenges, and the broader implications for American democracy. As the situation unfolds, the balance between national security and the rule of law remains at the forefront of this contentious issue.

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Notable Quotes:

• Donald Trump: "Well, this is a time of war because Biden allowed millions of people, many of them criminals, many of them at the highest level, they emptied jails out. [...] That's an invasion." [01:46]

• Tom Homan: "Every day, the men and women of ICE are going to be in the neighborhoods of this nation arresting criminal, illegal alien, public safety threats and national security threats. [...] We're coming." [04:57]

• Mara Liasson: "This is a pretty big assault on the rule of law." [07:04]

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This detailed summary encapsulates the critical discussions, insights, and conclusions presented in the episode, providing listeners with a comprehensive understanding of the Alien Enemies Act and its contemporary implications.

Transcript

[Thatcher]

Hi, this is Thatcher in San Diego, California. I'm currently working to code my very own memory allocator in the C programming language for an assignment in my university class. This podcast was recorded at 1:07pm on.

[Tamara Keith]

Monday, March 17, St. Patrick's Day.

[Thatcher]

Things may have changed by the time you hear this, but I'll still be working diligently to earn my degree from the University of California, San Diego. Here's the show.

[Mara Liasson]

Geez. Impressive.

[Tamara Keith]

I wish he could have translated. What?

[Mara Liasson]

Yeah, right. I was going to ask for a translation, too.

[Tamara Keith]

Hey there. It's the NPR Politics podcast. I'm Tamara Keith. I cover the White House.

[Kimon Abustillo]

I'm Kimon Abustillo, and I cover immigration policy.

[Mara Liasson]

And I'm Mara Liasson, senior national political correspondent.

[Tamara Keith]

And today on the show, we're going to look at the Alien Enemies Act. That's the provision the White House invoked this weekend when it deported hundreds of people it alleges to be Venezuelan gang members. They were flown to El Salvador. Those deportations have been challenged in court. Jimena, give us the background here. What is this authority that the president has invoked?

[Kimon Abustillo]

So the Alien enemies Act of 1798 is a rarely used law that gives the president authority to detain or deport nationals of an enemy nation, particularly during wartime. This is only the fourth time in American history a president has used the act, and the first since World War II. The law requires war to be formally declared, which, you know, Congress only really has the authority to do.

[Tamara Keith]

And the president was asked about this on Air Force One over the weekend. The reporter said this has previously only been used at times of war.

[Donald Trump]

Well, this is a time of war because Biden allowed millions of people, many of them criminals, many of them at the highest level, they emptied jails out. Other nations emptied their jails into the United States. That's an invasion. And these are criminals, many, many criminal, murderers, drug dealers at the highest level, drug lords, people from mental institutions. That's an invasion. They invaded our country. So this is, in that sense, this is war.

[Tamara Keith]

So President Trump is saying the US Is at war. There was a lawsuit, as we mentioned, and a Judge Jimenez ruled in a preliminary manner, saying that the planes needed to be turned around. Is that right?

[Kimon Abustillo]

Right. There were a few different things that happened in between each other yesterday. So there was a preemptive lawsuit that was filed in Washington, D.C. in federal court, blocking the deportation of five men under this act. Trump had not yet invoked it, but this was preemptive. He's been talking about doing it. There were a lot of media reports that he was going to do it. And so some immigration rights groups filed a preemptive lawsuit. The judge blocked the use of the act on these five men and then later in the evening blocked the use of the act on anyone for about two weeks. So 14 day stay on the Use of Alien Enemies act for deportations. However, in between that legal process, the act was invoked and over 200 people were sent from the United States to El Salvador under the act.

[Tamara Keith]

And the question is whether the administration was flaunting a judge's order. Caroline Levitt, the press secretary, put out a tweet saying, quote, the administration did not refuse to comply with a court order. The order, which had no lawful basis, was issued after terrorist TDA aliens had already been removed from US Territory. The written order and the administration's actions do not conflict.

[Kimon Abustillo]

And that's a reference to the Trende Aragua Venezuelan gang that the administration has been really focused on even since the Trump campaign.

[Mara Liasson]

To me, the three most important words in that is no lawful basis. The courts get to decide what's a lawful basis. And it's one thing to say it doesn't really apply to us. Planes were in the air, but it's another thing to say no lawful basis. And we're now got two branches of government who are vying to see who gets to decide what's legal and what's not. Traditionally, and the way the founders designed it, it's supposed to be the judiciary. But more and more and more, the White House is pushing back against the judicial branch.

[Kimon Abustillo]

And the Trump administration is across the board doubling down on this, saying that the planes were already in the air, even though the judge did specifically say to turn the planes around. Border czar Tom Homan was talking on Fox News and also doubled down on the administration's plans to moving forward.

[Tom Homan]

Every day, the men and women of ICE are going to be in the neighborhoods of this nation arresting criminal, illegal alien, public safety threats and national security threats. Lawrence, you're not going to stop us. And we're going to make this country safe again. I'm proud to be a part of this administration. We're not stopping. I don't care what the judges think. I don't care what the left thinks. We're coming.

[Tamara Keith]

Caroline Levitt also tweeted out a video of these people who had been deported on a tarmac in El Salvador. And she says, quote, the American people voted for this. And Mara, is this, in essence, the White House keeping its promises?

[Mara Liasson]

There's no doubt that a lot of the things he's doing on the surface, they have to do with immigration, or he's getting rid of DEI or things that are basically unpopular. And you could argue that that's what. What he ran on, that's what people voted for. Did people vote for the White House to defy the judicial branch? That's something that most voters don't think about at all. But. But I think the answer would be no.

[Tamara Keith]

Okay, we're going to take a quick break, and we'll be back in a moment. And we're back. And, Jimena, the president already has broad jurisdiction when it comes to immigration policy. And if the people being deported are, in fact, members of a criminal enterprise or are in the United States illegally, then why does this act need to even be invoked?

[Kimon Abustillo]

So Trump has for a long time acknowledged that this specific law gives him, quote, tremendous authority when it comes to immigration law enforcement. That is because detentions and deportations that go through the act do not go through the regular immigration court system. And so that allows Trump to bypass the traditional deportation process. That can take weeks, months, and even years. So this basically is another tool in his toolbox to expedite the removal of people without due process.

[Tamara Keith]

Yeah, I mean, I think that, Mara, the important word there is due process.

[Mara Liasson]

Right. I mean, these are, you know, taken as a whole, all of these things kind of change the way that the laws are applied in this country. I mean, there are loopholes everywhere. And it's one thing to kind of take advantage of one or two of them, like a law that hasn't been used more than four times since 17 something. But when it's taken altogether, it's a pretty big assault on the rule of law.

[Tamara Keith]

Well, and, Mara, we were talking about this before, but like Trump 1.0 and Trump 2.0 are different. President Trump did not invoke the Alien Enemies act during his first administration. And we're now like, two months in.

[Mara Liasson]

Yeah. He has people around him now that have been thinking about this for a long time. This didn't just start with Donald Trump. There's a big part of the conservative movement that felt that the executive should be much more powerful. He should have fewer checks and balances and restraints on his ability to do what he wants. And now they have a plan, and they've spent a lot of time figuring out how they could enact this. And the courts are going to have the final say in a lot of this. Whether after they have the final say, their rulings will be followed is a completely different thing. You heard Tom Homan say earlier, I don't care what judges think. And you've seen Elon Musk call for the impeachment of judges. Anybody who rules against Donald Trump should be impeached. And I don't really know what the courts are going to do. They cannot enforce their rulings. They don't have a militia that works for them. There are the U.S. marshals, but they're under the control of Pam Bondi, the attorney general.

[Tamara Keith]

Yeah, Mara, this makes me think of something else that the president said on Air Force One over the weekend. He was being asked about a ruling that said that the administration had to rehire probationary employees who had been cut. And the president's response got at something about how he views the judiciary. Right now, it's a judge that's putting.

[Donald Trump]

Himself in the position of the president of the United States who was elected by close to 80 million votes. And you have that. You're having more and more of that. It's a very dangerous thing for our country.

[Mara Liasson]

There you have it. You know, he says the judge is putting himself in the place of the president. And remember, he posted not long ago, quote, he who saves his country does not violate any law. And I think that pretty much sums up President Trump's view of the separation of powers and the powers he thinks the executive should have. But he believes that he should be unfettered and judges should not be pushing back on anything that he wants to do. And that is a completely different form of government than the one that the framers designed, which was based on broadly distributed power. 3 CO equal branches, and one of the branches, the judiciary, gets to decide whether laws are constitutional or actions taken by the executive or the legislative branch are constitutional.

[Tamara Keith]

Ximena, back to this immigration question. What are you watching for? What comes next?

[Kimon Abustillo]

Well, the legal process is still playing out as it always does, watching for court hearings, watching for additional filings. There's going to be another hearing later today where we're going to see whether or not those fights were lawfully taken off ground or not. And then eventually whether or not Trump can use this act to deport more people. There's currently a stay on that, but that won't be forever. And for the people who have already been taken to El Salvador, these legal proceedings to come are going to have no impact on them. They are already in the hands of another government. They are already out of the United States control.

[Tamara Keith]

All right, well, we're going to leave it there for today. I'm Tamara Keith. I cover the White House I'm Ximena.

[Kimon Abustillo]

Bustillo, and I cover immigration policy.

[Mara Liasson]

And I'm Mara Liassons, senior national political correspondent.

[Tamara Keith]

And thank you for listening to the NPR Politics podcast.