Priscilla Alvarez, Jennifer Hansler, and Alayna Treene, writing for CNN:

The Trump administration is expected to invoke a sweeping wartime authority to speed up the president’s mass deportation pledge in the coming days, according to four sources familiar with the discussions.

The little-known 18th-century law, the Alien Enemies Act of 1798, gives the president tremendous authority to target and remove undocumented immigrants, though legal experts have argued it would face an uphill battle in court.

[…]

The announcement, which could come as soon as Friday, has been a moving target as officials finalize the details.

This threat isn’t new—Trump has been making it since at least September 2023—but this latest report, coming just days after the illegal detention of Mahmoud Khalil, suggests a move may indeed be imminent.

(Not to get too conspiratorial, but today—Friday—marks Day 53 of the Trump regime, which some may recognize as significant.)

Calling it an “uphill battle” is a bit of a gloss, though. Here’s the relevant section of the Act (emphasis mine):

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.

To my layman’s eyes, a plain reading of the Act makes it clear that it cannot be invoked without a declared war or invasion from a foreign country.

The “first” group Trump wants to use this Act against:

The primary target remains Tren de Aragua (TDA), a Venezuelan organized crime group that is now operating in the United States and other countries.

Are we supposed to believe we are at war with or threatened by an invasion from Venezuela—a country with fewer people than Texas? Does Trump even know where Venezuela is?

Attempting to use it in this situation would be, at best, misleading and at worst, blatantly illegal. Not that such trivialities matter much to Trump.

Trump wants to use this Act for one, simple reason:

Those subject to the Alien Enemies Act would not be allowed to have a court hearing or an asylum interview since they would be processed under an emergency, wartime authority — not immigration law. Instead, they would be eligible to be detained and deported, with little to no due process, under Title 50, the section of the U.S. code housing America’s war and defense laws.

Bypassing the courts and the legal system: the preferred tactic of every would-be dictator.

This Act has been invoked just three times since 1798, all in times of war. By first threatening to invoke this little-used law against a foreign criminal gang, Trump is defying us to defend them, daring us to stand with “the enemy.” After all, who’s against cleaning up our streets from dangerous gangs, right?

If he succeeds with this abuse, who gets flagged as a “member” of the gang will expand, followed by which gangs get targeted. You can bet Mexico and other South and Central American “gangs” are on his list. Muslim and African “gangs” won’t be too far behind. Eventually, it won’t even need to be couched as “members of a gang.” It’ll just be dehumanized “vermin” from “shithole countries.” By the time the country realizes what he’s doing, it will have been normalized.

Every immigrant—legal or undocumented, recently arrived or decades settled—is at risk to the whims of the Trump regime.

It’s just a matter of time before Trump starts detaining natural-born citizens, too.