The Trump administration is expected to invoke a sweeping wartime authority to speed up the president’s mass deportation pledge in the coming days, according to four sources familiar with the discussions.
The little-known 18th-century law, the Alien Enemies Act of 1798, gives the president tremendous authority to target and remove undocumented immigrants, though legal experts have argued it would face an uphill battle in court.
CNN previously reported that the authority was being widely discussed at several agencies as administration officials prepared to implement the law. The primary target remains Tren de Aragua (TDA), a Venezuelan organized crime group that is now operating in the United States and other countries.
Trump had ordered his administration to designate TDA as a foreign terrorist organization and use the measure to remove those identified.
The announcement, which could come as soon as Friday, has been a moving target as officials finalize the details. The move would likely pave the way for quicker removals of certain immigrants.
CNN reached out to the Department of Homeland Security for comment.
The law is designed to be invoked if the US is at war with another country, or a foreign nation has invaded the US or threatened to do so. Legal experts say it would be difficult for Trump to use the act when the US isn’t being attacked by a foreign government, even if the administration does cite threats from gangs or cartels.
The Alien Enemies Act has been invoked three times in US history – all during war – according to the Brennan Center. During World Wars I and II, it was used to justify detentions and expulsions of German, Austro-Hungarian, Italian and Japanese immigrants. The law played a role in the infamous US policy of Japanese internment during World War II, according to the non-partisan law and policy institute.
