Rep. Takano and Immigration Legal Expert Discuss “Alien Enemies Act” History and Implications

Access a recording of the virtual event HERE 

Access online version of the press release HERE

Washington, DC — America’s Voice hosted a virtual press event as part of its broader “At What Cost” Campaign, focusing on the Alien Enemies Act of 1798 and its recent use by the Trump administration. The event featured Rep. Mark Takano (CA-39) and immigration legal and policy experts, who discussed the law’s historical application and its current abuse by the Trump administration. Experts also centered on President Trump’s request or an emergency appeal to the U.S. Supreme Court, which seeks to overturn a decision by U.S. District Judge James Boasberg that blocked further deportations under the Alien Enemies Act, emphasizing how the Act, which was designed for wartime situations, is being wrongly invoked to deport vulnerable populations.

Representative Mark Takano (CA-39) said: “The Alien Enemies Act of 1798 cloaks itself as an important way to protect Americans, but in reality it is a relic of fear born of some of our worst impulses. My family’s story is not just history—it is a warning of how dangerous this Act can be. When the government casts aside due process and targets communities based on fear rather than fact, the consequences are devastating. It starts with non-citizens, but it never ends there.”

Naureen Shah, Director of Government Affairs, Equality Division at the ACLU said: “So much is at stake in our country’s use of the Alien Enemies Act. It is fundamentally wrong for the Trump administration to use this wartime authority to evade due process during peacetime. This is not the America we know or want. The Trump administration is couching immigration enforcement in terms of crime, drugs, and cartels, but it is all too clear that Trump’s agenda is to throw the lives of millions of our loved ones, neighbors, and co-workers into chaos, tearing families apart.”

David Leopold, Chair of the Immigration Practice at UB Greensfelder LLC and America’s Voice Legal Advisor said: “Whether it’s the Alien Enemies Act; whether it’s the invocation of the INA’s Section 237(a)(4), which has been used to detain students under some vague foreign policy ground; or whether it’s the attacks on birthright citizenship or what’s coming with this administration’s focus on denaturalization: the attack, ultimately, is on the core American values we all hold dear. The tip of the spear is immigration, but the throughline is our core values and Americans’ civil liberties and what’s at stake is nothing less than the constitutional republic and Americans’ freedoms.”

Bill Ong Hing, Professor of Law and Migration Studies, University of San Francisco said: “The implication of the Alien Enemies Act is a clear violation of the human rights of US immigration laws and our international obligations. It’s a pretext for implementing a deportation agenda with little regard for due process. Perhaps not coincidentally, this is what’s reminiscent of what’s happening in El Salvador, where arrest and imprisonment are occurring without due process due to violent enforcement; President Bukele is notorious for his abusive actions against thousands of people who have been shown to be innocent; and what President Trump is doing is emulating those efforts.”

Vanessa Cárdenas, Executive Director of America’s Voice, moderated the discussion and said: “The Alien Enemies Act was created in a different time and context, and it has no place in today’s immigration policy. To invoke this archaic law today, especially to target vulnerable immigrant communities, is a clear violation of basic human rights that undermines the fundamental principles of due process and equal protection under the law. The current administration’s reckless actions not only harm individuals and families but also set a dangerous precedent for eroding constitutional protections for all Americans.”

• Access a recording of today’s virtual event HERE