The Curious Lawyer: The Alien Enemies Act of 1798

• The statute, 50 U.S.C. section 21-24
• Case law, limited, including SCOTUS
• Scope of 2 prongs (war versus invasion) and Presidential power, judicial review, or political question doctrine
• Arguments for and against 21st-century use of the law on illegal aliens under the non-war invasion part of the statute

It’s all over the news in recent months, so we ask can President Trump use this 1798 law that relates to protecting against invasions to arrest and deport large numbers of people? What is the scope of the law? How limited is judicial review of Presidential proclamations under the law? In this fascinating latest installment of the Curious Lawyer series, host Peter Afrasiabi takes you through the 1798 Act and the three major times that presidents have used it. From Supreme Court cases in World War 2 to other federal cases in World War 1 to cases after the War of 1812, this program examines the statute, case law, judicial review limits, and the political question doctrine, all of which intersect to give you a full overview of the state of the law as it relates to this Act.

This program then looks at the arguments on each side of whether the law’s provisions for presidential power to quell invasions can be used to arrest and deport certain immigrant groups.

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