In order to deport illegal immigrants who belong to criminal gangs more expeditiously, President Trump has invoked the 1798 Alien Enemies Act. His premise in justifying using this due process workaround is that the state of illegal immigration and its related maladies like drug trafficking constitute a war. Federal judges have ruled against this argument. Ironically, it’s the same dispute that occurred when the act was passed and the related “Alien and Sedition Acts” led to the theory of state nullification of federal laws and ultimately to the elevation of Jefferson’s Republicans and the destruction of the Federalist Party.
