The Donald Trump administration is set to invoke a centuries-old law to allow authorities to increase the pace of deportations.
The law in question is the Alien Enemies Act of 1798, which gives the president sweeping powers to target undocumented immigrants in the country and has only been used three times in history.
CNN reported on Thursday that several agencies are looking at the law as Trump is reportedly frustrated with the current pace of enforcement, which has led to the removal of ICE acting director Caleb Vitello. However, details are still being discussed and there is no clear date for the administration to invoke the law.
Trump vowed to invoke the Alien Enemies Act during his presidential campaign. He said Venezuelan-born gang Tren de Aragua had "conquered" Aurora, Colorado, something that could potentially serve as justification for implementing the wartime law.
The law was designed to allow the president to authorize the relocation, arrest or deportation of any man older than 14 years old who hailed from a country at war with the United States.
The first time it was invoked took place under President James Madison. During the War of 1812 it forced British nationals to report information such as their age, length of time in the United States, family description, occupation, and where they lived.
It was then invoked by President Woodrow Wilson during World War I against nationals of the Central Powers, which were the German Empire, Austria-Hungary, the Ottoman Empire and Bulgaria. Back then, 6,000 German and other foreign nationals were placed in internment camps, according to the National Archives.
The act was also invoked during World War II when President Franklin Roosevelt used them against Japanese, German and Italian Nationals, which led to the internment of Japanese Americans during World War II and required foreign nationals from all three countries to register with the government.
However, invoking the law would likely result in swift legal challenges. Last year MSNBC's Jordan Rubin pointed out that the act refers to the concept of "war" and Trump's proposal is not tied to a declared war or an invasion or predatory incursion by another country.
"Congress (not the president) has the power to declare war. And while Trump and other politicians have used invasion-type language when talking about immigration, that doesn't turn the actions of people from other countries into actions taken by other countries. It's a wartime law, and there isn't a war," he said.
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