U.S. Senator Mazie K. Hirono and U.S. Representative Ilhan Omar have taken a firm stand against President Trump's invocation of the Alien Enemies Act of 1798. The lawmakers, together with 13 colleagues, addressed a letter to President Trump condemning the move as unlawful.
Their letter follows a Supreme Court decision permitting Trump to proceed with rapid deportations under the statute, with the stipulation that individuals must be given notice and an opportunity to challenge their deportation.
Congresswoman Omar and Senator Hirono, who are also spearheading the Neighbors Not Enemies Act to repeal the Alien Enemies Act, state, “Our immigration laws can already hold gang members accountable and provide for their deportation. The government should not be able to falsely accuse individuals in the United States, including U.S. citizens, of gang membership and send them to foreign prisons without any judicial review or remedy.”
Originating in 1798, the Alien and Sedition Acts included four bills, with the Alien Enemies Act now the only one still operative. It grants the president the power to target foreign nationals of a specific country during wartime without due process. Throughout history, the Act has been invoked only during the War of 1812, World War I, and World War II.
The lawmakers argue that the Venezuelan gang Tren de Aragua does not represent the Venezuelan government, opposing the use of the Act to expedite deportations. They also point out potential human rights abuses at deportation sites, particularly in El Salvador's prisons, known for severe conditions.
Over 260 people have reportedly died in these prisons over two and a half years, with signs of physical abuse. The lawmakers stress, “We should not subject individuals to mistreatment and more, much less individuals who have had no due process and have not been found guilty of any crimes.”
The letter questions the evidence used to determine gang membership and highlights the lack of due process and potential misidentification of individuals as gang members, as evidenced by cases involving tattoos and other misinterpretations.
The letter has garnered support from several Senators and House Representatives, urging President Trump to reconsider the ramifications of using the Alien Enemies Act. “Invoking the Alien Enemies Act does not make Americans safer,” concludes the communication.