President Donald Trump invoked the seldom-used Alien Enemies Act, originally signed by President John Adams in 1798, to justify the swift deportation of Venezuelan gang members. This same law, uninvoked since World War II, was the basis for the internment of more than 100,000 Japanese Americans during that war, with two notable internment camps in Arizona that included Gila River and Poston. Memories of this dark chapter surfaced as Trump described an "invasion" by the Tren de Aragua criminal organization as justification for denying hearings to 238 migrants recently flown to El Salvador, as reported by Phoenix New Times.
According to the University of Washington political scientist Stuart Streichler, Trump's actions represent quite the stretch to make this apply to this situation, citing the major differences between past uses of the act and Trump's recent deportation measure. Typically reserved for times of war or serious threats, the Alien Enemies Act has now been used in a manner that many find controversial and legally tenuous. Critics, including the ACLU and Democracy Forward, have swiftly brought challenges against the former president's utilization of the act in federal court, firmly aiming to overturn what they see as an overreach of executive powers, as detailed by KJZZ.
The Alien Enemies Act stipulates its use only in instances of a "declared war between the United States and any foreign nation or government, or any invasion or predatory incursion ... by any foreign nation or government," as reported by KJZZ. The act's invocation by Trump is done by asserting that Tren de Aragua is not just a gang, but a terrorist group deeply integrated within Venezuela's government. Trump's claim that its members have "unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States" is being heavily scrutinized for its legitimacy.
Survivors and descendants of those interned at the camps in Poston and Gila River are unsettled by the recent events. Marlene Shigekawa, a filmmaker born in Poston and now executive director of the Poston Community Alliance, expressed the deep discomfort within the Japanese American community, stating it is "very unsettling for the Japanese American community," and elaborated on how "many still haven’t processed what has happened. The act taps into fear," as she told Phoenix New Times. Shigekawa and others engaged in preserving the history of the internment camps are more determined "to educate people as we always try to do."
An important historical precedent regarding the outcome of such actions was set in 1988 when President Ronald Reagan signed legislation that offered reparations and an official apology to those interned. The repercussions of invoking the Alien Enemies Act continue to be a subject of vehement debate, with many questioning its impacts on civil liberties.
