Could a 1798 Law Enable Trump’s Proposed Mass Deportations if He Wins?

Trump’s promise of mass deportation hinges on a sinister piece of legislation that remains in effect. As we look back, it’s evident that America is sitting on a ticking time bomb with this anti-immigrant law. An upcoming administration could easily seize it and wield it against millions.

The law in question is the Alien Enemies Act of 1798, a key component of the infamous Alien and Sedition Acts, which has roots steeped in xenophobia. Katherine Yon Ebright, a legal expert with the Brennan Center’s Liberty and National Security Program, became aware of the rising chatter among right-wing anti-immigration factions and the Trump campaign around this outdated law during the summer of 2023. With chilling implications, they began discussing its use for extreme measures against immigrants.

By late 2024, Trump was regularly referencing this statute in his campaign speeches, proclaiming his intention to leverage it for mass deportations of non-citizens—devoid of due process—while invoking a militarized law enforcement response. We’re already witnessing states like Texas adopting the narrative of a “foreign invasion” to push through these objectives.

In a recent episode of the Amicus podcast, host Dahlia Lithwick engages with Ebright to unpack the alarming implications of this historic law and the reality we face if these threats are taken seriously. For those seeking deeper insights, joining Slate Plus offers access to additional episodes filled with exclusive legal perspectives, alongside ad-free experiences across all Slate podcasts.

This podcast delves into the complexities of the law and the Supreme Court justices shaping its interpretation for the nation. Stay informed—it’s crucial to fully grasp the legal landscape we navigate today.