Donald Trump announced plans to invoke the Alien Enemies Act (AEA) of 1798 as one of his first presidential actions to address illegal immigration and the crimes linked to Mexican drug cartels. He also vowed to designate cartels as terrorist organizations.
“Under the orders I sign today, we will also be designating the cartels as foreign terrorist organizations,” Trump declared. “By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to U.S. soil.”
This move is significant as the U.S. is not technically “at war” with the cartels or illegal migrants, but invoking the AEA provides a legal framework that could shield the administration’s actions from legal challenges. The idea of leveraging the AEA has been a recurring theme during Trump’s 2024 campaign. At an October rally in Coachella, California, he promised to “target and dismantle every migrant criminal network operating on American soil.”
The Alien Enemies Act, initially signed into law by President John Adams during fears of a war with France, enables the president to detain, relocate, or expel non-citizens from nations hostile to the U.S. Historically, it has only been used during wartime—such as the War of 1812 and World Wars I and II—to act against citizens of enemy nations. The act has consistently withstood constitutional challenges, earning a firm legal standing.
The Republican Party has embraced the AEA, citing it in its 2024 platform as a means to “remove all known or suspected gang members, drug dealers, or cartel members from the United States.”
Though controversial, the AEA was one of the least disputed parts of the infamous Alien and Sedition Acts, which caused a rift between President Adams and Vice President Thomas Jefferson. Jefferson allowed most of the Sedition Acts to expire upon assuming the presidency in 1800 but retained the AEA as law.
Trump’s announcement aligns with broader discussions about leveraging the AEA to address threats. In 2023, the Center for Immigration Studies suggested the act could be used to expel Chinese nationals in light of China’s increasingly aggressive actions.
By framing his proposed actions within the AEA’s historical and legal precedent, Trump aims to bolster his administration’s ability to navigate potential political and legal challenges while addressing national security concerns.
