What is the 1798 law that Trump used to deport migrants?
At the core of US President Donald Trump’s hardline immigration policy is his use of a 1798 wartime authority allowing presidents to detain or deport the natives and citizens of an enemy country.
While the Alien Enemies Act was enacted to prevent foreign espionage, the Trump administration has invoked it as the legal basis for the deportation of hundreds of alleged gang members.
In March, the US deported 261 alleged Venezuelan gang members to a notorious jail in El Salvador. Of those,137 were removed under the act, the White House said.
Trump has alleged that the migrants were members of the Tren de Aragua (TdA) gang “conducting irregular warfare” against the US. However some civil rights groups say the Trump’s use of the act is illegal and discriminates against immigrants based on their ancestry.
By: Sofia Ferreira Santos September 3, 2025
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