Op-ed: Trump deploys the Alien Enemies Act

On January 20, President Trump issued an executive order emphasizing that international criminal cartels are causing violence and terror throughout the Western Hemisphere, which has led to an influx of deadly drugs and gang-related crime into the U. S. He pointed out that these cartels control illegal activities along the U. S. southern border through various violent methods.

Trump had previously promised to use the Alien Enemies Act to remove known or suspected gang and cartel members from the U. S. His January 20 action initiated this promise. The Alien Enemies Act, created in 1798, was intended to protect against potential foreign threats during the French Revolution and allows for the summary removal of nationals from hostile nations if the U. S. is at war or facing an invasion. The law received bipartisan support and has been upheld in past Supreme Court cases.

Following Trump’s announcement, there was a discussion about the applicability of the AEA for detaining foreign gang and cartel members in court. It raises questions about whether the actions of cartels could be defined as "invasions" or "predatory incursions" by foreign governments. The writer posits that transnational criminal organizations might qualify for removal under the AEA, as their activities can resemble predatory incursions.

Additionally, some criminal organizations have become intertwined with national governments, which makes it plausible to consider these groups as state actors. Their actions could therefore be interpreted as foreign governmental acts, justifying the AEA's use for detaining their members.

Trump's executive order indicates a focus on this "mafia state" scenario. It asserts that Mexican cartels act like quasi-governments, posing a national security threat. The order instructs relevant authorities to prepare for using the AEA to handle any invasion or predatory action against the U. S. , signaling a strategic legal approach by President Trump. 

https://www.washingtontimes.com/news/2025/jan/27/trump-deploys-alien-enemies-act/