General Discussion

REAKING: Trump to invoke the 1798 Alien Enemies Act, to try and detain and deport non-citizens.

Why this likely won't work and immediately be challenged:

The Alien Enemies Act of 1798 grants the President authority to detain or deport nationals of a hostile nation during times of declared war.

- The Act is activated only during formal war declarations against specific nations. Without such a declaration, its provisions cannot be invoked.

- The Act pertains to nationals of countries with which the U.S. is at war, not to undocumented immigrants.

- Supreme Court rulings, such as Zadvydas v. Davis, have emphasized that indefinite detention of non-citizens without due process violates constitutional rights, limiting the executive's power in this context.

- Using the Act for mass deportations without due process raises significant legal and ethical issues, including potential violations of human rights and civil liberties.