CEJames & Alfonz Ingram
The Alien Enemies Act is one of the four statutes originally passed as part of the Alien and Sedition Acts of 1798 during the administration of President John Adams. Of the four acts, it is the only one still in effect today, and it remains part of U.S. law (codified at 50 U.S. Code Chapter 3).
Overview
• Full Title: An Act Respecting Alien Enemies
• Enacted: July 6, 1798
• Codified: 50 U.S.C. §§ 21–24
• Purpose: To authorize the President to detain, relocate, or deport male nationals of a hostile nation during times of war or declared national emergency.
Historical Context
Passed during a time of heightened tension between the U.S. and France (the Quasi-War), the act gave the federal government emergency powers over foreign nationals from enemy nations. While the other three Alien and Sedition Acts expired or were repealed, the Alien Enemies Act was preserved due to its applicability only during war or invasion.
Key Provisions
1. Presidential Authority:
When the U.S. is at war with a foreign nation, the President may:
• Apprehend,
• Restrain,
• Secure,
• Remove alien nationals of that hostile nation.
2. Due Process Caveats:
While the act provides broad executive powers, it specifies that actions must align with:
• Presidential proclamations,
• Existing treaties (if any),
• Congressional regulations.
3. Target Group:
• Adult male nationals (historically)
• Women and children were generally exempted, though in practice this was inconsistently applied.
Historical Uses
1. War of 1812:
• Used to detain British nationals.
2. World War I:
• Used against German nationals living in the U.S.
• Over 6,000 detained as “enemy aliens.”
3. World War II:
• Invoked to justify actions against nationals of Germany, Italy, and Japan.
• Led to the detention and internment of many Japanese, German, and Italian nationals—though notably, the internment of Japanese Americans (citizens) was done under Executive Order 9066, not this act.
Modern Status and Controversy
• Still in effect (2025)
• Rarely used, but remains part of the president’s emergency powers.
• It has drawn criticism for:
• Potential for abuse,
• Lack of clear judicial oversight,
• Historical misuse (e.g., WWII internments).
References
1. Text of the Act (U.S. Code):
• 50 U.S. Code Chapter 3 – Alien Enemies
2. Legal History and Analysis:
• Patrick Weil, The Sovereign Citizen: Denaturalization and the Origins of the American Republic (2013)
• Geoffrey R. Stone, Perilous Times: Free Speech in Wartime (2004)
3. Government Archives:
• National Archives: Records on Alien Enemy Internment
• Library of Congress: Alien and Sedition Acts: Primary Documents in American History
4. Academic Discussion:
• Jules Lobel, Emergency Power and the Decline of Liberalism in Yale Law Journal (1989)
• Daniel Farber, Security vs. Liberty: The Battle for the Constitution (2008)
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