Can Trump use a 1798 law to carry out mass deportations?
Former President Donald Trump has proposed using the Alien Enemies Act of 1798 to carry out mass deportations as part of his 2024 campaign plan, calling it “Operation Aurora.” This law, one of the Alien and Sedition Acts, allows the U.S. government to deport or detain foreign nationals from enemy countries during times of war. However, legal experts and officials argue that its applicability to Trump’s proposed deportations is highly questionable since the U.S. is not at war with many of the countries from which migrants originate【6】【7】.
During a campaign stop in Aurora, Colorado, Trump claimed that a Venezuelan gang called Tren de Aragua had taken over apartment complexes in the area. This assertion fueled his rhetoric about migrant crime, though both local officials and law enforcement have pushed back against these claims, describing them as exaggerated. Aurora Mayor Mike Coffman, a Republican, criticized Trump’s depiction, emphasizing that any gang activity was isolated and not indicative of a larger takeover or crisis【7】.
While Trump’s campaign suggests that invoking the Alien Enemies Act would streamline deportations, legal analysts warn that existing immigration laws already cover deportation processes, and relying on this 18th-century statute would not overcome practical challenges such as resource constraints in executing mass deportations【6】.
Ultimately, “Operation Aurora” appears to be more of a political message aimed at rallying support through anti-immigration sentiment, rather than a legally viable or practical strategy.
