About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (February 18, 2025)

handle is hein.crs/govesmn0001 and id is 1 raw text is: 







              Congressional                                             ______







The Alien Enemy Act: History and Potential

Use to Remove Members of International

Criminal Cartels



February 18, 2025

On January 20, 2025, President Trump issued an executive order (E.O.) to declare a national emergency
pursuant to the International Emergency Economic Powers Act (IEEPA) to address the threat to U.S.
national security posed by international cartels and certain transnational organizations. The E.O. states
that such organizations are engaged in a destabilizing campaign of violence and terror throughout the
Western Hemisphere and directs the Secretary of State and other Cabinet members to designate certain
international cartels and other organizations as foreign terrorist organizations or specially designated
global terrorists under Executive Order 13224 for supporting international terrorism. The E.O. also directs
the Attorney General and Secretary of Homeland Security, in consultation with the Secretary of State, to
make operational preparations within 14 days to implement any decision the President may make to
invoke the Alien Enemy Act (also called the Alien Enemies Act) of 1798 to remove aliens designated as
engaging in any qualifying invasion or predatory incursion against the territory of the United States by a
qualifying actor. The E.O. does not define qualifying invasion or qualifying actor.
This Legal Sidebar provides a historical overview of the Alien Enemy Act and discusses the potential
implications of invoking the act to remove members of international crime cartels and other transnational
organizations from the United States. It is unclear how the invoked IEEPA authorities might interact with
implementation of the Alien Enemy Act, and they are therefore outside the scope of this Legal Sidebar.


The Alien Enemy Act of 1798

The Alien Enemy Act of 1798 is a wartime measure that authorizes the President, during a declared war
or in the event of an invasion or predatory incursion perpetrated or threatened by any foreign nation
or government, to issue regulations directing the conduct of or otherwise restraining citizens or nationals
of the hostile nation or government. It was enacted as part of a set of national security measures known as
the Alien and Sedition Acts meant to address tensions involving the French Republic. These laws included
the Alien Act, the Sedition Act, and the Alien Enemy Act. Of these laws, only the Alien Enemy Act
remains in force.

                                                                Congressional Research Service
                                                                https://crsreports.congress.gov
                                                                                    LSB11269

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most