The Alien Enemies Act: A Legal Zombie Resurrected for an Autocratic Agenda
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By: Lisa M. Hayes
Let’s talk about the law Trump is using to justify his blatant defiance of the courts: the Alien Enemies Act of 1798. This law, which allows the president to target and deport non-citizens during times of war, is one of the four notorious Alien and Sedition Acts, a set of laws designed to crush dissent and give the government broad powers to detain and deport immigrants.
To call it a relic is an understatement. The last time it was seriously invoked was in 1942, during Japanese internment—one of the most shameful chapters in American history. And even then, it was already controversial. The law was challenged and struck down in multiple cases because it gave the executive unchecked power, effectively allowing the president to operate outside the Constitution. It’s been legally dead for decades.
And yet, Trump has dragged it out of its grave to deport people without due process—despite a federal court ruling against it.
This is what a dictatorship looks like.
When the courts rule against you, and you just… keep going? That’s how authoritarian regimes operate. It’s how strongmen consolidate power. It’s how democracies collapse.
And it’s happening right now, in real-time, on U.S. soil.
Deportation Without Due Process: A Test of Absolute Power
Let’s be clear about what Trump’s administration is doing. It’s not just deporting people. It’s removing legal protections, denying people their day in court, and throwing them out of the country in direct violation of the Constitution.
The courts have ruled—twice—that Trump’s use of the Alien Enemies Act is unconstitutional. And yet, he’s still using it.
- He’s deporting Venezuelan asylum seekers accused (without evidence) of gang affiliation.
- He’s sending people to third countries with no due process, essentially engaging in forced displacement.
- His administration has argued—insanely—that a verbal court order isn’t legally binding and that deportations should continue anyway.
This is not how the law works. But that’s the point.
Trump’s entire strategy is to obliterate the legal system by pretending it doesn’t apply to him. And the terrifying part? So far, it’s working.
The Supreme Court Just Gave Trump a Blank Check
Trump’s ability to ignore the courts without consequence is directly tied to another crisis: the Supreme Court’s recent decision granting presidents near-total immunity for “official acts.”
The ruling effectively means that as long as a president claims their actions are part of their official duties, they can’t be prosecuted.
Let that sink in.
If a president orders the assassination of a political opponent and calls it an “official act,” is that now legal?
If a president instructs the military to detain journalists critical of the administration, can he claim immunity?
Where exactly does this end?
Because right now, what we are watching is a president openly defying court orders, and there is no enforcement mechanism in place to stop him.
Trump is stress-testing democracy itself—and the system is failing spectacularly.
What Happens When Court Orders Become ‘Suggestions’?
The U.S. government is built on the principle of checks and balances. The idea is simple: No one branch of government should have absolute power. The executive branch is checked by the legislative branch, and both are kept in check by the judiciary. That’s how democracy works.
But what happens when a president just decides to ignore the courts?
What happens when the legislative branch—paralyzed by partisanship—refuses to intervene?
What happens when the judiciary has no enforcement mechanism beyond hoping that the executive branch will respect the law?
We don’t have to guess. We’re seeing it play out in real time. And if this continues unchecked, the very concept of a “court ruling” will become meaningless.
- The courts say the deportations are illegal. Trump does them anyway.
- The courts say the policy is unconstitutional. Trump keeps enforcing it.
- The courts issue rulings. Trump treats them like opinions.
This is the road to authoritarianism. When the judiciary becomes nothing more than a symbolic institution, we cease to be a constitutional democracy.
A Moment of Reckoning
The most dangerous thing happening right now isn’t just Trump’s actions—it’s the national indifference.
This is a Code Red moment for democracy, and yet the reaction from Congress? Tepid.
The reaction from the courts? Conflicted.
The reaction from the public? Numb.
This is how democracies fall. Not overnight. Not in a dramatic coup. But in a slow, grinding erosion of norms, until one day you wake up and realize the Constitution is just a piece of paper.
History tells us exactly how this story ends. And yet, we are sleepwalking right into it.
The Choice We Face
We have two paths before us.
One leads to autocracy. A president who defies the courts, who ignores the rule of law, who governs through sheer force of will, unchecked and unstoppable. A system where elections are performative, justice is selective, and the law is only enforced against the powerless.
The other path is harder. It requires people to wake up, to act, to refuse to accept a system where a president is above the law. It requires Congress to step in, the courts to double down, and the public to demand accountability.
Because if Trump gets away with this, he will do worse.
If deportations can happen despite court rulings, what else can he ignore?
If a court order is meaningless, what happens when he loses an election and decides not to leave?
We are at a crossroads. This isn’t about one man or one policy. This is about whether the Constitution still means anything at all.
Because right now? It doesn’t. And if we don’t fight back, it never will again.
Sources:
AP News: Trump Defies Court Orders on Deportations
Guardian: Federal Judge Furious Over Defiance of Court Orders
ACLU: Supreme Court Ruling Grants Trump Unchecked Power
Lisa Hayes is a life coach, writer, and editor of Confluence Daily, specializing in social issues, political issues, and mental health. Her work has appeared in publications like Huffington Post and Real Simple. She is also the Communications Director for a local fire department in Mexico and runs a life coach training program called The Coaching Guild.
