Throughline: The Alien Enemies Act

Release Date: April 17, 2025 | Host: Rund Abdelfattah and Ramtin Arablouei | Source: NPR

Introduction

In this compelling episode of Throughline, hosts Rund Abdelfattah and Ramtin Arablouei delve into the historical and contemporary implications of the Alien Enemies Act—a seldom-invoked piece of legislation from the 18th century that has resurfaced in modern American politics. By exploring the origins, past applications, and current controversies surrounding the Act, the episode provides a thorough understanding of how historical laws can influence present-day governance and civil liberties.

Recent Invocation of the Alien Enemies Act

The episode opens with a dramatic recounting of President Trump's decision to invoke the Alien Enemies Act of 1798 in March 2025. At [00:48], Ramtin Arablouei sets the scene:

Ramtin Arablouei [00:48]: "At 5:45pm Eastern Time on Saturday, March 15, 2025, a plane took off from Harlingen, Texas. As that plane flew south, turning towards Honduras, news alerts went off in the United States."

Subsequent narration by Daniel Tichner explains that Trump utilized this wartime law to expedite the deportation of noncitizens, specifically targeting individuals he labeled as members of the "Trend Aragua" prison gang from Venezuela.

Daniel Tichner [01:04]: "President Trump invoked a wartime law that gives him sweeping deportation powers. It's called the Alien Enemies Act of 1798."

Understanding the Alien Enemies Act

Origins and Legislative Framework

The Alien Enemies Act was established in 1798 amidst intense political polarization in post-Revolutionary America. Its primary purpose was to grant the President authority to detain or deport noncitizens from nations at war with the United States. Professor Daniel Tichner provides an in-depth historical analysis:

Daniel Tichner [05:04]: "I teach political science and I'm also the co-director of the Wayne Moore Center for Law and Politics. I certainly did not expect to be talking about, you know, this obscure 18th-century law."

Historical Applications

1. War of 1812:

   • Invoked by President James Madison in response to British naval incursions.
   • Focused on British nationals, requiring them to report personal details and plans to naturalize.
   • Used as a preparatory measure without significant public backlash due to the clear state of war.

2. World War I:

   • Invoked by President Woodrow Wilson following the declaration of war against the German Empire.
   • Led to extensive registration and internment of German nationals, with approximately 6,000 noncitizens interned in camps across Georgia and Utah.
   • Involvement of the American Protective League, a large volunteer group relaying surveillance and enforcing restrictions, amplified the law's impact.

   Daniel Tichner [18:13]: "This time, Wilson wants to use it to force those who are foreign nationals from Germany, Bulgaria, Austria, and other Central Powers to register, to regulate them, and in some cases to intern them."

3. World War II:

   • Invoked by President Franklin D. Roosevelt post-Pearl Harbor attack.
   • Expanded to target not only noncitizens but also U.S. citizens of Japanese descent through Executive Order 9066, resulting in the internment of nearly 120,000 individuals.
   • Highlighted the intersection of legal authority and racial prejudice in national security measures.

   Daniel Tichner [24:57]: "Over the course of the war, nearly 120,000 U.S. citizens and residents of Japanese descent were forcibly relocated and incarcerated, many of them for three years or more."

Contemporary Invocation and Legal Challenges

In March 2025, President Trump's administration declared the migration from Latin America as an "invasion," thereby justifying the use of the Alien Enemies Act to deport over 100 individuals without the typical due process. This unprecedented use during peacetime has sparked significant legal and public outcry.

Daniel Tichner [39:20]: "What's distinctive about invoking the Alien Enemies Act is it removes any slight veneer of due process... it's described as deportation on rocket power or rocket fuel."

Legal Proceedings

The American Civil Liberties Union (ACLU) challenged the President's use of the Act, leading to a temporary federal injunction. However, the Supreme Court later lifted this injunction on procedural grounds, refusing to address the Act's constitutionality directly.

Rund Abdelfattah [01:49]: "President Trump asked the Supreme Court to intervene. He wanted the injunction... but the justices avoided answering the question of whether or not Trump's use of the Alien Enemies Act was constitutional."

Supreme Court Implications

Professor Tichner highlights the courts' historical deference to executive power during wartime, citing cases like Korematsu v. United States (1944) and post-9/11 decisions that have varied in their support for presidential authority.

Daniel Tichner [32:59]: "The question in this situation is whether this invocation of the Alien Enemies Act will have a court response akin to World War II or one, akin to what the court did post 9/11."

Analysis: Expanding Executive Power and Civil Liberties

Professor Tichner discusses the broader implications of invoking the Alien Enemies Act, emphasizing the potential for unchecked executive power and its impact on civil liberties.

Daniel Tichner [43:49]: "The logic creates the possibility that a president can do almost anything in the name of national security."

He contrasts historical uses with the current situation, noting that while previous administrations have exercised significant deportation powers, the Alien Enemies Act removes any semblance of due process, making its invocation particularly controversial.

Daniel Tichner [42:18]: "What is distinctive about invoking the Alien Enemies Act is it removes any slight veneer of due process."

Future Implications and Constitutional Questions

The episode concludes with reflections on the potential outcomes of the current legal battles and the future of executive power in immigration policy. Professor Tichner warns of the chilling effects on noncitizens and the broader societal impacts of such stringent measures.

Daniel Tichner [50:01]: "I think it's very traumatizing and chilling... it has this impact on how free people feel to live their lives."

He also raises concerns about possible future scenarios where executive actions, unchecked by the courts, could lead to severe restrictions on both noncitizens and potentially, though not directly addressed, citizens.

Daniel Tichner [47:32]: "The administrative presidency can be a two-edged sword used whether you're on the left or right in that office."

Conclusion

Throughline masterfully weaves historical context with contemporary political analysis to explore the resurgence of the Alien Enemies Act. By highlighting past abuses and drawing parallels to the present, the episode underscores the enduring tension between national security and individual rights. Listeners are left contemplating the balance of power within the U.S. government and the fragile nature of civil liberties in times of perceived crisis.

Notable Quotes:

• Daniel Tichner [01:04]: "President Trump invoked a wartime law that gives him sweeping deportation powers. It's called the Alien Enemies Act of 1798."

• Rund Abdelfattah [05:53]: "I’m Rund Abdelfattah."

• Daniel Tichner [43:49]: "The logic creates the possibility that a president can do almost anything in the name of national security."

• Daniel Tichner [50:01]: "I think it's very traumatizing and chilling... it has this impact on how free people feel to live their lives."

References:

• Historical invocations of the Alien Enemies Act during the War of 1812, World War I, and World War II.
• Legal challenges and Supreme Court proceedings related to the 2025 invocation.
• Professor Daniel Tichner's expertise and analysis on presidential power and immigration policy.

This summary captures the essence of the Throughline episode, presenting a comprehensive overview of the Alien Enemies Act's history, its modern-day application, and the ongoing debates surrounding executive power and civil liberties.