Alien Enemies Act of 1798

Extracted Attributes

• Type

  Federal law

• Scope

  Applies to males 14 years and older, not naturalized, who are citizens or natives of a hostile nation

• Status

  Remains in force (unlike other Alien and Sedition Acts)

• Purpose

  Grants the President wartime authority to detain and deport non-U.S. citizens of enemy countries

• Legal Basis

  Allows detention/deportation without a court hearing, based solely on country of birth/citizenship

• Enacting Party

  Federalist Party

• Original Context

  Response to tensions with French Republic and fears of domestic political subversion

• Broader Legislation

  Alien and Sedition Acts of 1798

Timeline

• Enacted by the Fifth Congress and approved by President John Adams as part of the Alien and Sedition Acts. (Source: National Archives, Wikipedia)

  1798-06-25

• The Alien Enemies Act was the only component of the Alien and Sedition Acts that remained in force under the administration of Thomas Jefferson. (Source: Wikipedia)

  After 1800

• Invoked during the War of 1812. (Source: Wikipedia, Web Search)

  1812

• Invoked during World War I, leading to the internment of German Americans. (Source: Wikipedia, Web Search)

  World War I

• Invoked during World War II, leading to the internment of German Americans, Italian Americans, and to a lesser extent, Japanese Americans. (Source: Wikipedia, Web Search)

  World War II

• President Donald Trump invoked the Act to expedite the deportation of foreigners, a move subject to ongoing litigation. (Source: Wikipedia, Web Search, Related Documents)

  2025-03

• Cited in relation to the deportation of alleged gang members to the Cecot prison in El Salvador, sparking debate on security versus due process and human rights. (Source: Related Documents)

  Recent

Alien and Sedition Acts

The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought, on national security grounds, to restrict immigration and limit 1st Amendment protections for freedom of speech. They were endorsed by the Federalist Party of President John Adams as a response to a developing dispute with the French Republic and to related fears of domestic political subversion. The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans, and contributed to their success in the elections of 1800. Under the new administration of Thomas Jefferson, only the Alien Enemies Act, granting the president powers of detention and deportation of foreigners in wartime or in face of a threatened invasion, remained in force. After 1800, the surviving Alien Enemies Act was invoked three times during the course of a declared war: the War of 1812, and the First and Second World Wars. Of these three invocations, the Alien Enemies Act is best known as the legal authority behind the internment of German Americans during both World Wars, as well as internment of Italian Americans and, to a lesser extent, Japanese Americans during World War II. In March 2025, President Donald Trump invoked the Alien Enemies Act as his authority for expediting deportation of foreigners; this invocation is subject to ongoing litigation.

Web Search Results

• Sharing the Facts About the Alien Enemies Act

  The Alien Enemies Act of 1798 is a federal law that gives the president wartime authority to deport non-U.S. citizens of enemy countries from the United States. It allows the federal government to arrest and deport citizens of a “hostile government” who are at least 14 years old based solely on what country they are citizens of or were born in, without a court hearing. There are three provisions of the Alien Enemies Act that allow the president to deport immigrants from enemy countries: [...] In our country’s history, the Alien Enemies Act has only been used three times: The War of 1812, World War I, and World War II. President Trump set up his intent to invoke the 227-year-old law through an executive order issued on his first day in office. As part of his mass deportation plans, the order instructed administration officials to “make operational preparations” that could identify any “qualifying invasion or predatory incursion” against the U.S. [...] On March 17, Boasberg held a hearing with lawyers for the administration to determine if they were in violation of his order. Boasberg also ordered the government to provide written answers his questions in sworn declarations, including why they believe his initial order didn’t require their compliance. Boasberg later called the government’s answers “woefully insufficient.” The administration’s lawyers later told Boasberg in a court filing that they would invoke the “state secrets privilege”

• The Alien Enemies Act, Explained | Brennan Center for Justice

  The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be — and has been — wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully [...] When Congress passed the Alien Enemies Act in 1798, the United States had no immigration law and only a nascent criminal law. The country did not have any federal intelligence or law enforcement agencies. [...] As the Supreme Court and past presidents have acknowledged, the Alien Enemies Act is a wartime authority enacted and implemented under the war power. When the Fifth Congress passed the law and the Wilson administration defended it in court during World War I, they did so on the understanding that noncitizens with connections to a foreign belligerent could be “treated as prisoners of war” under the “rules of war under the law of nations.” In the Constitution and other late-1700s statutes, the

• Alien and Sedition Acts (1798) | National Archives

  SEC. 6. And be it further enacted, That this act shall continue and be in force for and during the term of two years from the passing thereof. Jonathan Dayton, Speaker of the House of Representatives. TH. Jefferson, Vice President of the United States and President of the Senate. I Certify that this Act did originate in the Senate. Attest, Sam. A. Otis, Secretary APPROVED, June 25, 1798. John Adams President of the United States. An Act Respecting Alien Enemies [...] ## Main menu Milestone Documents ### Milestone Documents Complete List of Documents National Archives Logo National Archives Logo # Alien and Sedition Acts (1798) refer to caption Citation: An Act Concerning Aliens, July 6, 1798; Fifth Congress; Enrolled Acts and Resolutions; General Records of the United States Government; Record Group 11; National Archives. View the Alien Act in the National Archives Catalog View the Sedition Act in the National Archives Catalog View Transcript [...] citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. And the President of the United States shall be, and he is hereby authorized, in any event, as aforesaid, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United

• Invocation of the Alien Enemies Act Regarding the Invasion of The ...

  (a) No Alien Enemy described in section 1 of this proclamation shall enter, attempt to enter, or be found within any territory subject to the jurisdiction of the United States. Any such Alien Enemy who enters, attempts to enter, or is found within such territory shall be immediately apprehended and detained until removed from the United States. All such Alien Enemies, wherever found within any territory subject to the jurisdiction of the United States, are subject to summary apprehension. [...] Sec. 4. Pursuant to the Alien Enemies Act, the Attorney General and the Secretary of Homeland Security shall, consistent with applicable law, apprehend, restrain, secure, and remove every Alien Enemy described in section 1 of this proclamation. The Secretary of Homeland Security retains discretion to apprehend and remove any Alien Enemy under any separate authority. [...] Sec. 3. I direct that all Alien Enemies described in section 1 of this proclamation are subject to immediate apprehension, detention, and removal, and further that they shall not be permitted residence in the United States.

• The Alien Enemies Act | Brennan Center for Justice

  _An earlier version of this report described the Alien Enemies Act as the authority for interning “immigrants” of Japanese, German, and Italian descent. The report was updated on October 16, 2024, to clarify that the law applied only to immigrants who had not become citizens of the United States._ Download PDF End Notes --------- [...] This report offers a framework for overturning or substantially modifying the Alien Enemies Act, through either litigation or legislation. Part I examines the Alien Enemies Act’s text, history, and potential for abuse. Part II explores possible equal protection and due process challenges to the law’s constitutionality. Part III provides an overview of existing alternatives to the Alien Enemies Act that can more appropriately safeguard the nation against espionage, sabotage, and other malign [...] See More See Less Find more about: ---------------- Image 10: Bolster Checks & Balances icon Bolster Checks & Balances Executive Power Image 11: Protect Liberty & Security icon Protect Liberty & Security Government Targeting of Minority Communities