Civics 101 How is the Alien Enemies Act being used right now?
Jun 10, 2025
Liza Goitin, Senior Director of the Liberty and National Security Program at the Brennan Center for Justice, dives into the controversial use of the Alien Enemies Act under the Trump administration. She unpacks how this historical law is reshaping deportation policy, particularly targeting Venezuelan nationals. The discussion highlights legal challenges, the balance between national security and due process, and the implications of expanding the definitions of 'invasion'. Goitin also raises questions about constitutional limits and future Supreme Court challenges.
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Rapid Deportations Begin
- On March 15, 2025, President Trump's Alien Enemies Act proclamation led to immediate deportations to El Salvador.
- Within 90 minutes after the announcement, the first plane with deportees took off from Texas.
Court Pushback on Deportations
- Courts halted deportations citing lack of due process due to insufficient notice and rapid removal.
- Administration's short, English-only notices ignored rights to judicial review, violating legal standards.
Broad Interpretation of Terms
- Historically, 'invasion' and 'predatory incursion' refer to acts of war like ground assaults or naval attacks.
- The administration stretches these terms to label hostile entries or undocumented arrivals as invasions, broadening the Act’s use.