Alien Enemies Act and Its Impact on Immigration

This morning on La Poderosa 670 AM, I had the opportunity to discuss a pressing topic in U.S. immigration law: the recent invocation of the Alien Enemies Act, a law dating back to 1798. The government has revived this centuries-old legislation to deport members of criminal organizations such as the Tren de Aragua and the Mara Salvatrucha.

As an immigration attorney, I am deeply committed to defending the rights of individuals, but I am equally dedicated to upholding peace and security in our communities. Criminal organizations should not be allowed to proliferate in the United States, whether their members are foreign nationals or U.S. citizens. If a foreign national engages in criminal activity in this country, they should expect to face deportation.

However, the use of this particular law raises serious legal concerns. The Alien Enemies Act was designed for times of war or large-scale invasions, not for dealing with modern immigration issues. Historically, this law has been invoked only three times—during the War of 1812, World War I, and World War II—when the country was officially at war. Applying it to immigration enforcement today is highly controversial and opens the door for legal challenges.

The recent statements from the Department of Justice, asserting that courts lack the jurisdiction to intervene in the president’s use of this law, are also troubling. The U.S. Constitution establishes a system of checks and balances, ensuring that no single branch of government overextends its authority. While the executive branch has significant discretion in immigration enforcement, the judiciary plays a crucial role in reviewing the legality of such actions. Stripping individuals of their right to appear before a judge before being deported raises serious constitutional concerns.

History has shown that when a government is given unchecked power to deport without due process, the consequences can be far-reaching. Today, this law is being applied to certain criminal groups, but tomorrow, it could be used more broadly against other communities. This is why judicial oversight is vital in any democracy.

Under the current administration, deportations have increased, particularly for individuals with final orders of removal. These are individuals who have already had their day in court, exhausted their legal remedies, and lost their cases. That process is fair and expected under the rule of law.

However, what concerns me most is the potential for misuse of the Alien Enemies Act. While it is true that some individuals being targeted have serious criminal records, the key legal question remains: does this justify bypassing due process? Applying a law from the 18th century to modern immigration raises questions about civil liberties that must be addressed by the courts.

For those currently navigating the asylum process, it is crucial to assess your risk carefully. The administration has been clear about its intent to enforce expedited deportations for individuals who have been in the U.S. for less than two years. If you have an asylum claim with strong evidence and documentation, you should proceed with confidence. However, if your case lacks substantial support, you must be aware of the risks of deportation should your claim be denied.

As an immigration attorney, my role is to provide accurate legal information so that individuals can make informed decisions. I cannot ethically advise someone to skip a hearing, but I can ensure they understand the potential consequences of their case. If you have been in the U.S. for more than two years and can prove it, you are not subject to expedited removal, which is an important distinction.

For anyone needing guidance on their immigration status, I am available for consultations. My office is located in the Dadeland Office Park in Miami, right next to the Dadeland Mall. You can reach me at 305-671-0018, or contact my office for more information. My goal is to help individuals navigate the complex immigration system with clarity and legal protection.

This article is for informational purposes only and does not constitute legal advice. For personalized guidance on your specific immigration case, please consult with a qualified immigration attorney. If you or a loved one need immigration advice, do not hesitate to seek professional legal assistance. The immigration landscape is evolving rapidly, and staying informed is essential.