In March 2025, Donald Trump did something that would have made the Founding Fathers simultaneously proud and horrified: he successfully used a law they wrote in 1798 to bypass the Constitution they also wrote in 1787. Because apparently, nothing says "constitutional originalist" like ignoring the parts of the Constitution you don't like.
The Alien Enemies Act of 1798 – a law so old it predates the lightbulb, the telegraph, and the concept that diseases might be caused by germs rather than "bad air" – has become Trump's weapon of choice for mass deportations without due process. It's like using a musket to fight drones, except somehow the musket is winning.
📚 A Brief History of Bad Ideas That Refuse to Die
🕰️ The Alien Enemies Act Through History
July 6, 1798: Signed into law during the "Quasi-War" with France, when Americans were afraid of French revolutionaries bringing their guillotine-happy ideas to America. Because nothing says "land of the free" like preemptively imprisoning people based on their nationality.
The law was part of the infamous Alien and Sedition Acts – four laws that were so unpopular they helped get John Adams voted out of office. Three of the four acts expired or were repealed. Guess which one stuck around like a bad smell?
⚔️ War of 1812
Used against: British nationals
Context: Actual declared war
Result: Detention and deportation of British subjects
🌍 World War I
Used against: German and Austro-Hungarian immigrants
Context: Declared war
Result: Mass detentions based on ancestry
🎌 World War II
Used against: Japanese, German, and Italian Americans
Context: Declared war
Result: Internment camps and family separation
Notice a pattern? Every previous use of this law occurred during declared wars – you know, when Congress actually voted to go to war like the Constitution requires. But who needs constitutional procedures when you have "alternative facts" about invasions?
🎪 Trump's Constitutional Circus: March 15, 2025
Trump's use of the Alien Enemies Act wasn't just unconstitutional – it was a masterclass in authoritarian theater. Here's how to ignore federal judges and the Constitution in 12 easy steps:
📅 Timeline of Constitutional Contempt
Friday, March 14, 2025: Trump secretly signs proclamation invoking the Alien Enemies Act against alleged members of the Venezuelan gang "Tren de Aragua," claiming they constitute "a hybrid criminal state that is perpetrating an invasion of and predatory incursion into the United States." Because apparently, Venezuela – a country that can't keep its lights on – is now invading the world's most powerful military.
Saturday, March 15, 2025:
- 2:00 AM: ACLU files emergency lawsuit to stop deportations
- 11:30 AM: Federal Judge James Boasberg issues temporary restraining order
- 1:00 PM: Trump administration appeals the order
- 3:30 PM: Buses start moving migrants to airports anyway
- 5:25 PM: First deportation flight takes off while the judge is holding an emergency hearing
- 6:05 PM: Government lawyers admit flights have already departed
⚖️ The Judge vs. The Authoritarian
Judge Boasberg literally asked government lawyers during the hearing if they were actively ignoring his order. Deputy Assistant Attorney General Drew Ensign first refused to answer, citing "national security." Because nothing protects national security like contempt of court!
When pressed, Ensign admitted that two flights carrying over 250 people had already departed – essentially telling a federal judge, "Sorry, but we already broke the law you told us not to break."
🤡 The International Humiliation
> El Salvador President Nayib Bukele tweets:
"Oopsie…Too late 😂"
> Marco Rubio thanks El Salvador for accepting
"alien enemy members" at "a fair price"
> Translation: America is now paying other countries
to imprison people we can't legally detain
🏛️ Why This Law Should Have Died in 1798
📋 Constitutional Problems (A Partial List)
1. No Declared War: The Constitution gives Congress – not the president – the power to declare war. There's no declared war with Venezuela. But who needs constitutional authority when you have Twitter proclamations?
2. No Actual Invasion: A few hundred alleged gang members doesn't constitute an "invasion" or "predatory incursion" by a foreign government. Unless we're redefining "invasion" to mean "anything that annoys the president."
3. Due Process Violations: The Fifth Amendment guarantees due process. This law allows detention and deportation based solely on national origin, without hearings or evidence of wrongdoing.
4. Ancestry-Based Discrimination: The law targets not just Venezuelan citizens, but "natives" – people born in Venezuela who may now be U.S. citizens or legal residents.
🚨 The Bigger Constitutional Crisis
Federal Judge Boasberg later found probable cause that the Trump administration committed contempt of court. Let that sink in: The U.S. government is probably guilty of contempt of court for ignoring a federal judge's order.
In June 2025, Boasberg ruled that the administration must give the 137+ people sent to El Salvador's notorious prison a chance to challenge their deportations, noting that "significant evidence" suggests many have no gang connections and "languish in a foreign prison on flimsy, even frivolous, accusations."
🔮 Why This Matters for Everyone (Not Just Immigrants)
Here's the terrifying truth: the Alien Enemies Act is just a warm-up. If the government can bypass constitutional protections for immigrants by claiming an "invasion" that doesn't exist, what's stopping them from expanding the definition?
🎯 Mission Creep: The Inevitable Expansion
- Today: Venezuelan "gang members" (many with no proven gang ties)
- Tomorrow: Anyone from countries the president declares "hostile"
- Next week: Naturalized citizens from "enemy" nations
- Eventually: Anyone the government deems an "enemy" of the state
It's like a constitutional slippery slope, except we're not sliding – we're in free fall.
🏃♂️ The Precedent Problem
Every authoritarian power grab starts with "emergency" measures against unpopular groups. Today's "alien enemies" become tomorrow's template for targeting anyone. The infrastructure for mass detention and deportation without due process is now operational and proven to work.
Remember: The same surveillance systems tracking immigrants can track citizens. The same legal theories bypassing constitutional protections for "enemies" can be applied to anyone the government doesn't like.
🛡️ How to Protect Yourself in the Age of Wartime Powers
If the government can invoke 227-year-old wartime powers against people in peacetime, everyone needs to think like they're living under an authoritarian regime – because increasingly, we are.
🔒 Immediate Protection Strategies
- Document everything: Keep copies of citizenship documents, passports, and legal status papers in multiple secure locations. Learn to encrypt sensitive documents.
- Know your rights: Even under the Alien Enemies Act, you have rights. Study operational security basics and understand your legal protections.
- Create emergency plans: Have legal contacts, emergency funds, and communication plans ready. The people deported to El Salvador had no warning.
- Use privacy tools: If you're in any vulnerable group, use Tor, VPNs, and encrypted communication to limit government surveillance.
- Support legal challenges: Donate to organizations fighting these laws in court. The ACLU and other groups are the only thing standing between us and complete constitutional collapse.
For comprehensive protection strategies, check out our Government Fascism Guide and Complete Privacy Roadmap.
⚰️ The Death of Due Process: An American Tragedy
The most chilling aspect of Trump's use of the Alien Enemies Act isn't that he did it – it's that it worked. Despite federal court orders, despite constitutional protections, despite international law, the government successfully deported over 250 people without due process and faced zero consequences.
Congratulations, America! You've successfully proven that 227-year-old laws written by slaveholders who thought women shouldn't vote are more binding than federal judges appointed by modern presidents.
But here's the thing: Congress won't repeal this law because it gives them power. Courts may eventually strike it down, but by then, the damage is done. Hundreds of people are imprisoned in El Salvador's notorious "Terrorism Confinement Center," and the precedent is set.
The Alien Enemies Act of 1798 was supposed to be a relic of a less enlightened time. Instead, it's become the blueprint for modern authoritarianism. Who knew that the real threat to American democracy would come from Americans reading the fine print of really old laws?
The next time someone tells you America is a nation of laws, remind them: we're a nation of very old, very bad laws that were never meant to survive this long. And in 2025, those laws are working exactly as their authoritarian authors intended.
Next Steps in Digital Resistance
Understanding authoritarian laws is crucial for protecting yourself and your community:
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