Could the Alien Enemies Act of 1798 Be Used for Deportation?

 Posted on October 30, 2024 in Immigration

The United States is home to about one-fifth of the world’s immigrants, who come from virtually every country in the world. Immigration laws can be complex and difficult to decipher for many families who want nothing more than to be in the U.S. legally. Unfortunately, the fate of immigrants often hinges on the administration in the White House at any given time.

Although what a candidate promises to do during his or her administration may or may not happen, it can be frightening to hear talk about deportation or the Alien Enemies Act. If you or a loved one is uncertain about an immigration issue or status, it can be helpful to speak to an experienced Bloomingdale, IL immigration attorney from Mevorah & Giglio Law Offices.

What Is the 1798 Alien Enemies Act?

The 1798 Alien Enemies Act was passed to prepare for the anticipated war with France. The Act tightened restrictions on Americans who were not born in the United States while also limiting any speech that was critical of the United States government. The government of the U.S. feared that non-citizens, or "aliens," might be sympathizers with the French. Because of this fear, four laws were passed, known collectively as the Alien and Sedition Acts. These laws did the following:

• Citizenship residency requirements were raised from five to 14 years.
• The president was given the authority to deport "aliens."
• The arrest, imprisonment, and deportation of these "aliens" were permitted during wartime.
• Under the Sedition Act portion, it became a crime for any American citizen to publish, print, or "utter" any malicious, scandalous, or false rumor about the U.S. government.

Trials for those charged under the Sedition Act set off criticism against the Federalists, contributing to their defeat in the election of 1800. The controversies surrounding the Sedition Act portion set the stage for freedom of speech and press limits.

Although the 1798 Act has been named as a way to end sanctuary cities while removing any immigrant-related criminal offenders, it was also intended to be used during wartime. Specifically, the Act allows the president of the United States to detain, relocate, or deport non-citizens from a country that could be considered an enemy of America during wartime.

After the election of President Jefferson in 1800, all the Acts except the Alien Enemies Act were either repealed or allowed to expire. This Act had no expiration date and not only remained on the books but it was also amended in 1918 to include women. The Act was used during World War II to incarcerate Americans of Japanese descent into internment camps.

Could the Alien Enemies Act Be Invoked Today?

The past eight decades have seen many changes to how war is conducted, and the Alien Enemies Act has not been invoked during that time. The Act states that the president of the United States only has the authority to invoke this Act after war has been declared by Congress. Although the United States has seen its share of conflicts over the years, the Act has not been invoked formally since 1942.

Although the president of the United States can "go after" undocumented immigrants without invoking the Alien Enemies Act, it is unlikely that this act will be resurrected any time soon. The federal government could find its resources stretched thin if the goal is to track down, round up, and remove every single one of the 11 million undocumented immigrants in America.

Contact a DuPage County, IL Immigration Lawyer

Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than 40 years. This kind of experience and knowledge is invaluable for those facing immigration issues. When you have a Lombard, IL immigration attorney from Mevorah & Giglio Law Offices, you can be sure your questions will be answered thoroughly and your immigration issues handled in the best way possible. Call 630-932-9100 to schedule your free consultation.