What You Should Know About the Alien Enemies Act
One of the first workplace raids of the new administration took place in Newark, New Jersey. Immigration and Customs Enforcement (ICE) detained multiple individuals—citizens as well as undocumented individuals—even though they did not have a warrant. The city’s mayor claimed it to be a clear violation of the Fourth Amendment to the Constitution, which guarantees the right to be free of unreasonable searches and seizures. And, to be clear, the U.S. Constitution applies to anyone living in the country, whether they are documented or not, whether they are sterling citizens or the most hardened criminals. Things look to be getting more challenging on this front, as the administration has begun deporting individuals suspected of criminal activity by engaging in warrantless arrests and no due process. It’s all based on an 18th century law called the Alien Enemies Act.
What is the Alien Enemies Act?
The Alien Enemies Act is known as the legal authority behind German, Japanese, Italian, and other detentions and expulsions during the World Wars. Infamously, it played a major role in holding Japanese citizens in camps during WWII.
According to the Alien Enemies Act, a president may deport or detain citizens of an enemy nation without providing a hearing. In 1798 the law was intended to be a wartime deterrent to foreign sabotage and/or espionage. In today’s world, the law is coming down on immigrants who reside in the U.S. illegally, or lawfully, and who in some cases have broken no laws or even signaled disloyalty to America. Because these people are being arrested and sent out of the country without hearings to determine whether the charges against them are legit, we simply do not know what they may or may not be guilty of. Notably, the Alien Enemies Act may be invoked only in times of war. Equally important, Congress—not a president– is given the power to declare a war. However, a president may invoke the law based on the threat of a predatory incursion or invasion.
A Balancing Act
So how do we weigh the Constitutional rights of citizens and immigrants of all stripes with the Alien Enemies Act, which allows for the arrest, detention, and deportation even with no charges? While some argue that there is no place for the Alien Enemies Act, even during a war, others believe it is an essential tool to protect America.
Facing the Unknown
If you are concerned about possible detention or deportation, it’s important to note that ICE agents have already entered homes and workplaces without a warrant in order to make arrests of individuals they suspected were in the country illegally, and many of those individuals have been unable to contact an attorney. The time to acquire legal help is before an arrest takes place. At Lobo Law, looking out for your Constitutional rights is what we do best. Schedule a confidential consultation with our Las Vegas criminal defense lawyers today.
Source:
reason.com/2025/03/21/will-ice-use-the-alien-enemies-act-to-enter-homes-without-warrants/
