A 1798 Law Resurfaces in 2025
The Alien Enemies Act (AEA), enacted in 1798, was designed to allow the U.S. government to detain or deport nationals of enemy nations during declared wars. Its last significant use was during World War II, leading to the internment of Japanese Americans. Fast forward to 2025, the Trump administration has controversially invoked this archaic law to deport individuals without due process, raising serious constitutional concerns.
The Case of Kilmar Abrego Garcia
Kilmar Abrego Garcia, a Salvadoran national, had been lawfully residing in the U.S. under a "withholding of removal" status since 2019, a protection granted due to the threat of persecution if returned to El Salvador. Despite this, he was deported on March 15, 2025, under the AEA, without a hearing or legal representation, and sent to the notorious CECOT prison in El Salvador.
The administration alleged, without public evidence, that Garcia was affiliated with MS-13. However, his wife, a U.S. citizen, and legal representatives have vehemently denied these claims. In fact, he has never been convicted of any crime. The only evidence against him was a confidential informant and after a full trial the immigration judge and circuit court had found flimsy evidence of his association with gangs.
Judicial Intervention and Government Defiance
Federal courts, including the Supreme Court, have ruled Garcia's deportation illegal and ordered the administration to facilitate his return. Yet, the administration has resisted compliance, citing limitations due to foreign custody and foreign policy considerations.
This defiance has prompted sharp rebukes from judges across the political spectrum. Notably, conservative Judge J. Harvie Wilkinson criticized the administration's actions as a fundamental violation of due process and judicial authority.
Supreme Court Temporarily Halts Deportations Under AEA
In a significant development, the U.S. Supreme Court has temporarily blocked the Trump administration from deporting individuals under the Alien Enemies Act, citing due process concerns. This decision underscores the judiciary's role in checking executive power and ensuring constitutional protections are upheld.
Broader Implications
The misuse of the AEA extends beyond Garcia's case. Over 250 individuals, many without criminal records, have been deported under this law, often to countries with which they have no legal connection. Such actions bypass established immigration procedures and undermine constitutional protections.
Upholding the Rule of Law
At The Modi Law Firm PLLC, we are deeply concerned about the erosion of due process and the dangerous precedent set by the misuse of the AEA. We have been in the media both on TV and radio discussing the impact on people's lives and potential violations under the law which may include violations of the Act itself as it was intended only under a declaration of war and against government or nations, violations of constitutional due process, habeas as well as the Refugee Act of 1980.
It's imperative to uphold the rule of law and ensure that all individuals, regardless of status, are afforded their constitutional rights.
Contact Us
If you or someone you know has been affected by these issues, please reach out:
The Modi Law Firm, PLLC
📧 legal@modilaw.com | 📞 (832) 422-7789
Note: This blog post is for informational purposes only and does not constitute legal advice.