Culture Wars/Current Controversies

Trump to use wartime Alien Enemies Act of 1798 to deport illegal migrants from ‘enemy nations’

WASHINGTON — President Trump’s administration is getting ready to invoke the Alien Enemies Act of 1798 in the coming days, two sources close to the White House told The Post, paving the way for use of a war-time authority to speed up mass deportations of illegal migrants.

The president had campaigned on invoking the centuries-old law to remove illegal migrants from “enemy nations” if they are deemed a threat to the US — without needing the approval of an immigration judge.

It’s expected to officially take place “by the end of this week,” one source relayed, confirming a report first published by CNN, and will target members of the violent Venezuelan gang Tren de Aragua whose members are believed to have killed Laken Riley and Jocelyn Nungaray in cold blood.

Trump has previously vowed to invoke the act on the campaign trail to deport illegal migrants. AFP via Getty Images

Former acting ICE director John Sandweg told The Post that the Trump administration “can bypass the immigration courts” to “fast track” deportations amid a more than 3 million-strong case backlog.

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The delay currently stems from the fact that the roughly 10 million illegal migrants living in the US can’t be deported without a hearing before an immigration judge and a final removal order.

“The Administration believes that invocation of the Alien Enemies Act will provide ICE with the authority to administratively deport certain migrants without first having to go through the immigration court process,” said Sandweg, who served under the Obama administration.

The invocation of the act could run into legal hurdles, however, as lawyers argue the act can only be invoked during war time and violates due process.

A Venezuelan migrant walks as he arrives on a deportation flight from the U.S. at the Simon Bolivar International airport in Maiquetia, La Guaira State, Venezuela February 10, 2025.

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