Will ‘Alien’ be alive again in America, why are Indians in fear of this dangerous intention of Trump?

New Delhi: America’s new President Donald Trump has started tightening the noose on illegal immigrants as soon as he/she assumed power. Trump has also indicated in one of his/her speeches that if necessary, he/she will take this action under the 225-year-old Alien Enemies Act. “I will direct my administration to use the full authority of federal and state law enforcement agencies by invoking the Alien Enemies Act of 1798,” Trump said during his/her inaugural address. The presence of all foreign gangs and criminal networks committing destructive crimes on American soil will be eliminated.
US Immigration-Customs Enforcement (ICE) has prepared a list of approximately 1.5 million people for deportation. Of these, about 18 thousand Indians are in danger of being deported from America. This maneuver of Trump may increase the tension of illegal immigrants from many countries of the world including Indians who have knowingly or unknowingly entered America. Let us know the story of this law.

What is the Alien Enemy Act, what is the relation with aliens?

The Alien Enemies Act of 1798 is a wartime law that allows the President of the United States to detain or deport natives and citizens of an enemy nation. This law allows the President to expel these immigrants without a hearing and based solely on their country of birth or citizenship.

This dangerous law was one of the 4 laws, know

The Alien and Sedition Acts were a set of four laws enacted in 1798 that placed restrictions on immigration and speech in the United States. The Naturalization Act of 1798 increased the requirements for obtaining citizenship. The Alien Friend Act of 1798 allowed the President to imprison and deport non-citizens.

Law made to stop foreign espionage and sabotage

This law was created to prevent foreign espionage and sabotage during times of war. However, it can be applied against immigrants who have done nothing wrong. Who are legally present in America. This is a broad law that may violate constitutional rights during times of war.

Has the Alien Enemy Act been used before?

The Alien Enemy Act has been used three times. During the War of 1812, World War I and World War II. Under this law, German, Austro-Hungarian, Japanese, and Italian immigrants were detained, expelled, and banned based solely on their ancestry during the First and Second World Wars.

More than 1 lakh Japanese kept in internment camps

During World War II, more than 1 lakh Japanese were detained in internment camps under the Alien Enemies Act. The law is best known for its role in Japanese internment, a shameful part of American history for which the US Congress, presidents, and courts have apologized.

Under what circumstances can the President impose this law?

The President can invoke the Alien Enemy Act during times of declared war or when a foreign government makes or threatens aggression against U.S. territory. The Constitution gives Congress the power to declare war. The President does not have this authority, so the President must wait for democratic debate and Congress vote to implement this law on the basis of declared war. In reality, the President does not need to wait for Congress to enact legislation based on a threat or attack.

Can the President declare invasion?

The US Supreme Court and past presidents have acknowledged that the Alien Enemies Act is a wartime authority enacted and implemented under the war power. When the Fifth Congress passed the law and the Wilson administration defended it in court during World War I, it said that under this law people from other countries living in America could be detained.

Can this law be used other than war also?

The Alien Enemies Act has only been used in major conflicts. However, Presidents Woodrow Wilson and Harry S. Truman continued to use this law after World War I and World War II. Even after World War I ended in 1918, the Wilson administration used this law to intern German and Austro-Hungarian immigrants until 1920. At the same time, even after World War II ended in 1945, the Truman administration used this law for detention and deportation until 1951.

American court’s hands are tied

US courts have used the political question doctrine to avoid resolving claims affecting war and peace matters as well as other sensitive foreign policy matters. Courts have held that the President’s recognition of a foreign government is binding on the judiciary.

Is there a way around the political question principle?

The Supreme Court formalized the political question doctrine in its 1962 case Baker v. Carr. Courts will be able to consider constitutional and legal challenges to the President’s authority. The law raises concerns under U.S. laws implementing the 1967 Refugee Protocol and the Convention Against Torture, as well as constitutional separation-of-powers principles. Which limit the authority that Congress can delegate to the President. Courts can strike down or limit the Alien Enemies Act on any of these grounds.

Is this law a violation of anyone’s rights

The Alien Enemies Act also violates the right to be free from indefinite civilian detention. As recognized by the Supreme Court in 2001 in the case of Zvidas v. Davis. Detention in time of war is essentially indefinite, as states do not negotiate the duration of their hostilities at the beginning of the conflict. During World War II, some immigrants were interned for more than 10 years.