The Government Has a 226-Year-Old Law That Lets It Round Up Foreigners — And It’s Still Locked and Loaded

Dr. Chelsea McGee

Let’s rewind to 1798 — when the government gave itself the power to detain foreign nationals in times of war. It’s called the Alien Enemies Act. Sounds like ancient history, right? Wrong. This law was built for wartime crises — actual invasions, global conflict, enemies at the gate. Think World War II. But here’s the kicker: it’s still active. Still usable. And in the wrong hands, it’s a loaded weapon aimed at civil liberties, just waiting for a trigger.

Dr. Chelsea McGee

Elie Honig, Former Federal Prosecutor, discusses In-first-of-its-kind ruling, Trump appointed Texas Judge says Trump's use of the Alien Enemies Act is unlawful.

Dr. Chelsea McGee

So, what exactly happened here? Fast forward to March 2025, when this centuries-old statute was invoked by President Trump to deport Venezuelans accused of being members of a gang called Tren de Aragua. But—and here comes the twist—Judge Fernando Rodriguez Jr., a federal judge from Texas and mind you appointed by Donald Trump ruled that this use of the law was entirely unlawful. His argument? The Alien Enemies Act doesn’t apply here because there’s no organized, armed threat or invasion. In his decision, Rodriguez made it clear that the law is meant for scenarios like, I don’t know, an 18th-century wartime context, not modern-day peacetime deportations.

Dr. Chelsea McGee

Now, let me break this down further, because it’s a big deal. Rodriguez specifically stated that the administration couldn’t just declare an invasion or enemy combatants without significant evidence. He argued this interpretation would essentially hand unlimited authority to the executive branch. So, was this misuse of power? It sure seems so, doesn’t it?

Dr. Chelsea McGee

And here’s another layer: advocacy groups like the ACLU have drawn unsettling parallels to historical abuses. Think about the Red Scare, when countless individuals were targeted based solely on suspicion and fear. The way this law was used against Venezuelans—people who may not even have criminal records—is strikingly similar in its disregard for due process and human rights. It’s actually chilling to think how dangerous this precedent could have been if it had gone unchallenged.

Dr. Chelsea McGee

We’re seeing the courts step in to reaffirm that balance of power, reminding us—reminding everyone—that constitutional checks are critical. And that’s something we can’t ever take for granted.

Dr. Chelsea McGee

Alright, so let’s talk about the heart of this controversy: the Trump administration's classification of Tren de Aragua. This gang was labeled as a "foreign terrorist organization," a pretty bold move. Why? Well, this classification was the justification for invoking the Alien Enemies Act. But here’s where things, I mean, really unravel. Judge Fernando Rodriguez Jr., in his 36-page ruling, picked apart this narrative. His main argument? There’s no evidence—none—that Tren de Aragua’s activities qualify as an ‘organized, armed invasion’ of the U.S. It’s a stretch, and honestly, it sounds more like a political maneuver than a legal one.

Dr. Chelsea McGee

Rodriguez made a key point about the limits of executive power. He explained that allowing a president to define what constitutes an invasion could essentially erase any boundaries on executive authority. I mean, think about it—what’s stopping one leader from declaring, I don’t know, any group they dislike as an invading force? It’s a slippery slope, and thankfully, the courts saw right through it.

Dr. Chelsea McGee

Now, Rodriguez isn’t the only judge pushing back. Let’s shift to Vermont, where Judge Geoffrey W. Crawford made waves by emphasizing constitutional protections. He ruled in favor of an individual detained under dubious claims, highlighting the First and Fifth Amendments—you know, free speech and due process. So essentially, he reaffirmed that these principles apply to every single person, regardless of citizenship. That’s critical in challenging policies that, well, seem to sidestep those rights completely.

Dr. Chelsea McGee

And, of course, we can’t leave out the Supreme Court. They’ve been busy handing down rulings that reinforce this thing called due process. Recently, the Court mandated that detainees targeted under the Alien Enemies Act be given adequate notice so they could challenge their detentions legally. This—it’s huge. The Court is saying, clearly, that no one—not the government, not even a president—can shortcut the law. It sets a precedent that’s going to shape immigration policies for years to come.

Dr. Chelsea McGee

It’s fascinating to watch the judicial branch stepping up as this fail-safe against, let’s be real, flawed decision-making. These rulings collectively send a sharp reminder that the Constitution isn’t just symbolic. It’s practical, it’s enforceable, and—most importantly—it’s there to check power.

Dr. Chelsea McGee

So, here’s the thing. When we’re talking about deportations under the Alien Enemies Act, we’re not just debating politics, right? We’re diving deep into human consequences—actual lives, families, and futures. And for those Venezuelans deported to prisons in El Salvador, the reality is horrifying. Reports—credible ones—detail conditions that, well, they’re inhumane. We’re talking about indefinite detention, no due process, and even allegations of torture. These aren’t just bureaucratic missteps; they’re massive humanitarian red flags.

Dr. Chelsea McGee

Human Rights Watch, an organization laser-focused on advocating for global justice, has been loud and clear about this. They’ve called out the act as incompatible with modern-day legal and human rights standards. And they’re right. The law dates back to 1798—pre-dating human rights frameworks and international treaties, frameworks designed explicitly to prevent exactly the kind of abuses we’re seeing unfold in these cases.

Dr. Chelsea McGee

Now, just for a second, imagine being flagged for things like tattoos—tattoos, of all things! These arbitrary markers have reportedly been used as supposed evidence of gang affiliation. But dig a little deeper, and you find stories, like the man with autism awareness tattoos or another whose ink honored his parents. It’s absurd, and it points to a kind of profiling that can’t—it just can’t—be part of any legitimate justice system.

Dr. Chelsea McGee

And let’s tie this back to history, because, you know, history has a knack for repeating itself. Look at the internment of Japanese Americans during World War II or the Red Scare targeting so-called political dissidents. What do these moments teach us? They teach us that acting out of fear or using vague, unchecked powers almost always leads to injustice. Transparency, advocacy—those have to be our guiding principles if we’re serious about preserving democracy.

Dr. Chelsea McGee

And the real question is, how did we even get here? I mean, how does a wartime law, designed for full-scale invasions, get twisted into a tool for deporting individuals who don’t even pose a credible threat? It’s a stark reminder that legal frameworks need constant scrutiny—constant—to ensure they’re not used as weapons.

Dr. Chelsea McGee

And that’s where we’ll wrap things up for today’s episode of The Real 4-1-1. Honestly, this has been such a layered, complex topic, and I hope it’s sparked some deeper thought about how laws, especially old ones like the Alien Enemies Act, are being interpreted and applied in today’s world. It’s a stark reminder that vigilance, advocacy, and staying informed aren’t optional but necessary if we value democracy and human rights.

Dr. Chelsea McGee

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Dr. Chelsea McGee

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Dr. Chelsea McGee

So, until next time, stay informed and stay bold. Remember: the story is never just the headline, and it’s up to all of us to keep digging for the truth. Take care and stay real, everyone.