Best of HAIH: Due Process? Executive Order 9066

This episode was first published in May 2025. New episodes will resume on January 6, 2026.

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Original show notes:

President Donald Trump's invocation of the Alien Enemies Act during peacetime is unprecedented, a part of his larger effort to portray undocumented immigrants as wicked and threatening as he seeks to deport them en masse. What is not unprecedented is the federal government weaponizing the law to shred constitutional protections and civil liberties. During the Second World War, the administration of Franklin Roosevelt arrested and incarcerated Italians, Germans, and Japanese aliens under the 1798 statute, but also interned roughly 100,000 U.S. citizens of Japanese ancestry — one of the most egregious violations of civil rights in U.S. history. In this episode, the eminent historian David M. Kennedy takes us back to those perilous years and their important parallels to the current crisis.

Recommended reading:

Freedom From Fear: The American People in Depression and War, 1929-1945 by David M. Kennedy