What is Alien Enemies Act? 这是二战中建立日本人集中营所依据的法律。现在川普要用该法驱逐非移
https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained
What is the Alien Enemies Act?
The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be — and has been — wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States. It is an overbroad authority that may violate constitutional rights in wartime and is subject to abuse in peacetime.
Has the Alien Enemies Act been used in the past?
The Alien Enemies Act has been invoked three times, each time during a major conflict: the War of 1812, World War I, and World War II. In World Wars I and II, the law was a key authority behind detentions, expulsions, and restrictions targeting German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry. The law is best known for its role in Japanese internment, a shameful part of U.S. history for which Congress, presidents, and the courts have apologized.
Under what conditions can the president invoke the Alien Enemies Act?
The president may invoke the Alien Enemies Act in times of “declared war” or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory. The Constitution gives Congress, not the president, the power to declare war, so the president must wait for democratic debate and a congressional vote to invoke the Alien Enemies Act based on a declared war. But the president need not wait for Congress to invoke the law based on a threatened or ongoing invasion or predatory incursion. The president has inherent authority to repel these kinds of sudden attacks — an authority that necessarily implies the discretion to decide when an invasion or predatory incursion is underway.
As the Supreme Court and past presidents have acknowledged, the Alien Enemies Act is a wartime authority enacted and implemented under the war power. When the Fifth Congress passed the law and the Wilson administration defended it in court during World War I, they did so on the understanding that noncitizens with connections to a foreign belligerent could be “treated as prisoners of war” under the “rules of war under the law of nations.” In the Constitution and other late-1700s statutes, the term invasion is used literally, typically to refer to large-scale attacks. The term predatory incursion is also used literally in writings of that period to refer to slightly smaller attacks like the 1781 Raid on Richmond led by American defector Benedict Arnold.
Today, some anti-immigration politicians and groups urge a non-literal reading of invasion and predatory incursion so that the Alien Enemies Act can be invoked in response to unlawful migration and cross-border narcotics trafficking. These politicians and groups view the Alien Enemies Act as a turbocharged deportation authority. But their proposed reading of the law is at odds with centuries of legislative, presidential, and judicial practice, all of which confirm that the Alien Enemies Act is a wartime authority. Invoking it in peacetime to bypass conventional immigration law would be a staggering abuse.
Is there any way in which the Alien Enemies Act could be used outside of war?
Although the Alien Enemies Act has only been invoked in major conflicts, Presidents Woodrow Wilson and Harry S. Truman continued using the law after the cessation of hostilities in World Wars I and II. World War I ended in 1918, but the Wilson administration used the law to intern German and Austro-Hungarian immigrants until 1920. And World War II ended in 1945, but the Truman administration used the law for internment and deportations until 1951. In its 1948 Ludecke v. Watkins opinion, a narrow majority of the Supreme Court upheld the Truman administration’s extended reliance on the Alien Enemies Act, reasoning that it was not the judiciary’s place to second-guess the president on a matter as “political” as when a war terminates and wartime authorities expire.
If the courts upheld postwar uses of the Alien Enemies Act, can we rely on them to strike down peacetime abuses of the law?
The courts should strike down any attempted peacetime use of the Alien Enemies Act, but the political question doctrine may prevent them from doing so. This doctrine cautions the courts against addressing issues that fall within Congress and the president’s constitutional duties and that lack judicially manageable standards for resolution. The courts have used the political question doctrine to avoid resolving claims that touch on matters of war and peace, as well as other sensitive foreign policy matters.
In the 1990s, they relied on the doctrine to dismiss claims that the Clinton administration was permitting a migration “invasion,” in violation of Article IV of the Constitution. And in other cases, the courts have held that the president’s recognition of a foreign government is binding on the judiciary. If the courts were to deploy the same reasoning here, it could allow the president to invoke the Alien Enemies Act based on a migrant “invasion” or “predatory incursion” perpetrated by a cartel alleged to be acting as a de facto foreign government.
Is there a way around the political question doctrine?
According to the Supreme Court’s 1962 Baker v. Carr opinion, which formalized the political question doctrine, the courts can wade into the political thicket to correct “an obvious mistake” or “manifestly unauthorized exercise of power.” The courts have never relied on this backstop, however, and there is little clarity regarding when or how it could be applied.
But even if the courts refuse to second-guess whether there has been an invasion or predatory incursion by a foreign government, they would still be able to consider constitutional and other purely legal challenges to the president’s authority. As the Brennan Center explains in its report on the Alien Enemies Act, the law raises serious concerns under the Constitution’s guarantees of equal protection and due process. Although not the focus of our research, the law also raises concerns under U.S. laws implementing the 1967 Refugee Protocol and Convention Against Torture, as well as under constitutional separation-of-powers theories that limit the authority Congress can delegate to the president. The courts could strike down or limit the Alien Enemies Act on any of these grounds.
Congress, too, could repeal the Alien Enemies Act to prevent or stop abuse. Rep. Ilhan Omar (D-MN) and Sen. Mazie Hirono (D-HI) have already introduced a repeal bill, the Neighbors Not Enemies Act, in the House and Senate. Congress should pass their bill without delay before a future president tries to abuse the Alien Enemies Act.
What is the fifth Amendment?
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
5th amendment was passed two years after Alien Enemies Act was passed in 1789. Apparently there are many difference between these two laws.
How Japanese Internment in World War II was established
https://www.nationalww2museum.org/war/articles/japanese-american-incarceration?
On February 19, 1942, the President signed Executive Order 9066, which directed the War Department to create “military areas” that anyone could be excluded from for essentially any reason. The new order gave the military the authority it needed to remove individuals of Japanese descent from the Pacific Coast. The newly created War Relocation Authority did move Japanese evacuees into a series of “relocation centers” for most of the rest of the war. Families were given only a few days to dispose of their property and report to temporary “assembly centers,” where they were held until the larger relocation centers were ready to receive them.
In 1943, the War Relocation Authority subjected all Japanese Americans in the camps to a loyalty test, in which they were asked to reject allegiance to the Japanese emperor and assert whether they were willing to serve in the US military. Many of the camp residents, especially those who were American citizens, were deeply offended by the government’s obvious suspicion that they might still be loyal to Japan. About 8,500 of these people, mainly second-generation Japanese American men, answered “no” to both questions, often in protest.
Why Trump wants to invoke Alien Enemies Act in 2025?
Based upon a review of TdA’(Tren de Aragua) s activities, and in consultation with the Attorney General and the Secretary of the Treasury, on February 20, 2025, acting pursuant to the authority in 8 U.S.C. 1189, the Secretary of State designated TdA as a Foreign Terrorist Organization.
As President of the United States and Commander in Chief, it is my solemn duty to protect the American people from the devastating effects of this invasion. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States of America, including the Alien Enemies Act, 50 U.S.C. 21 et seq., hereby proclaim and direct as follows:
...
Sec. 3. I direct that all Alien Enemies described in section 1 of this proclamation are subject to immediate apprehension, detention, and removal, and further that they shall not be permitted residence in the United States.
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