Media Tip Sheet: Executive Use of the Alien Enemies Act of 1798


March 20, 2025

WASHINGTON (March 20, 2025) – The Alien Enemies Act of 1798 is seeing action on political and legal fronts this week after President Trump’s invocation of the Act to deliver on his immigration crackdown campaign promise. The proclamation was immediately blocked by U.S. District Judge James Boasberg, though some 250 people were still deported to El Salvador. 

The Alien Enemies Act grants the President authority to detain or deport non-citizens from enemy nations during wartime or invasion, NPR reports that the Alien Enemies Act of 1798 has been used three times in United States history, all during major wars.

For more context on the matter, please consider Laura A. Dickinson, the Lyle T. Alverson Professor of Law at The George Washington University Law School. Dickinson is an expert on national security, human rights, the law of armed conflict, and foreign affairs privatization. Author of Outsourcing War and Peace, Dickinson examines the impact of this trend on core public values, and outlines mechanisms for protecting these values in an era of privatization.

If you wish to speak with Professor Laura Dickinson, please contact Media Relations Specialist Shannon Mitchell at [email protected].

 

-GW-