Asian Americans Advancing Justice Denounces President Trump’s Attempt to Invoke the Archaic Alien Enemies Act of 1798

Asian Americans Advancing Justice Denounces President Trump’s Attempt to Invoke the Archaic Alien Enemies Act of 1798

WASHINGTON, D.C. – Asian Americans Advancing Justice, a network of four independent Asian American civil rights organizations, applauds the U.S. District Court for the District of Columbia  for temporarily blocking President Trump's attempt to invoke the Alien Enemies Act (AEA), an archaic and discriminatory law incompatible with our nation's foundational principles of liberty, equality, and justice for all.  

Trump's recent efforts to revive this abuse-prone wartime law under the false pretense of a "migrant invasion" represents a dangerous escalation in an ongoing anti-immigrant agenda. We commend the judiciary's swift and decisive intervention to halt this misuse of power.  

Originally enacted in 1798, the AEA grants sweeping authority to detain or deport noncitizens from nations labeled as "enemy" states during war or "invasion." The AEA was last used during World War II to incarcerate 120,000 Japanese Americans based on false claims of military necessity. The internment of Japanese Americans represents a severe injustice and a dark chapter in American history that should not be repeated. This injustice is now echoed in the labeling of migrants fleeing violence and hardship as invaders, and it is factually incorrect, legally unfounded, and morally reprehensible. Furthermore, the AEA provides no safeguards for lawful permanent residents, refugees, or even children. The court's decision properly recognizes that migration, driven by humanitarian crises, is not an act of war. We commend the court for recognizing this historical misuse and acting decisively to ensure it is not repeated today. 

Invoking the AEA is not about national security—it is about the politics of fear and xenophobia, racial profiling, and authoritarianism, which we firmly reject.  

Asian Americans Advancing Justice urges continued vigilance and calls on Congress to repeal the Alien Enemies Act once and for all. Its history and current misuse prove that it’s not compatible with our laws and values. To repeal this act entirely will prevent this administration and others from challenging the courts. No administration should be permitted to weaponize such outdated laws against immigrants and communities of color ever again.