President Donald Trump has resurrected the Alien Enemies Act to take swift action to deport suspected gang members from the United States. The Alien Enemies Act was originally passed in 1798, and this federal law has been both praised and criticized over the years, with its modern applications sparking questions about immigrants' rights and national security. However, the Courts recently ordered the President to stop deporting individuals under this Act. This is a temporary order and a fluid situation.
If you're an immigrant or someone who cares about immigration policy in the U.S., understanding this historical law and its implications today is crucial. Below, we’ll break down what the Alien Enemies Act is, its historical context, and how it can affect immigrants in San Jose, California, Salt Lake City, Utah, and beyond. At Familia America, we're dedicated to providing accurate legal counsel and representation to all individuals affected by immigration law.
The Alien Enemies Act is part of a series of laws collectively known as the Alien and Sedition Acts, enacted in 1798 during President John Adams' administration. It granted the president broad authority to detain or deport non-citizens from enemy nations during times of war or conflict.
Here are the key elements of the law:
Its purpose was to provide the U.S. government with tools to address perceived national threats during geopolitical conflicts, but its broad language has led to concerns about its misuse and potential to unfairly target immigrants.
The original intent of the Act stemmed from fears of foreign influence and espionage during a tumultuous period in U.S. history. However, its application has not always been limited to wartime threats.
During both World Wars, the Alien Enemies Act was used to target citizens of countries like Germany, Japan, and Italy living in the United States. Many individuals, regardless of their actions or loyalties, were subjected to surveillance, curfews, forced relocations, and detentions. The internment of Japanese Americans during World War II remains one of the most infamous and tragic examples of the Act’s application.
The rise of global terrorism after the September 11th attacks brought renewed attention to laws like the Alien Enemies Act. While not directly invoked, similar rhetoric about national security influenced immigration policies, adding to the fear and uncertainty faced by many immigrant communities.
Though rarely invoked in its original form, the Alien Enemies Act sets a precedent for immigration and national security policies in modern America. President Donald Trump and his administration have begun deporting individuals from the U.S. using this Act. These individuals are members of international terrorist groups and gangs and are a danger to the U.S. and its people. Suspected gang members are summarily deported and are not permitted to see an immigration judge prior to their removal. Here’s how it might impact immigrants today:
The Act gives the government the power to detain or deport individuals during times of war or declared emergencies. President Trump has declared that these gang members have invaded the U.S. and must be removed immediately.
Even if not actively enforced, the existence of such a law contributes to a climate of fear and distrust among immigrants. Families and individuals may feel targeted and fear their loved ones would be summarily deported.
For immigrant-heavy communities in cities like San Jose, California, and Salt Lake City, Utah, the potential use of policies rooted in the Act could disproportionately disrupt daily life. San Jose, for example, is home to immigrants from around the world, while Salt Lake City has seen an increase in refugees and asylum seekers. For many, these laws feel like a looming threat, creating an atmosphere of uncertainty.
36 year old Jerce Reyes Barrios is a professional soccer player and coach from Venezuela who was detained and subsequently deported by ICE agents in March 2025. Despite having a valid work visa, Jerce was targeted by ICE agents based upon his alleged membership in an international gang and he was deported to a prison in El Salvador. The case gained widespread media attention and sparked outrage among immigrant communities and their allies. A tattoo on Jerce's arm was mistaken as a gang affiliation by ICE agents, leading to his detention and deportation. The Administration claims it has additional information about his affiliation and if this is true, then his deportation is consistent with the new policy.
The Jerce Reyes Barrios case is just one of the many examples of the unjust treatment faced by immigrants in the United States. The current immigration policies have created an environment of fear and uncertainty for immigrant communities, who are constantly living under the threat of deportation.
Kilmar Abrego Garcia is a 29-year-old man from El Salvador who was deported in March 2025. Living in Maryland, he was an active member of his community and a hardworking employee working at various construction sites. Kilmar had been living in the United States legally for 13 years and considered it his home. He is one of the many immigrants who have been caught up in the immigration policies implemented by the Trump administration. He was accused of being a part of MS-13, a violent gang originating from El Salvador, and was deported without any evidence to support these claims.
His tattoos were used as evidence against him, despite the fact that they were cultural and had no relation to gang activity. This case highlights the struggles and injustices faced by immigrants in the United States.
Understanding your rights and legal options is vital in a time when immigration policies and national security laws can evolve rapidly. Here are some key steps to take:
The Alien Enemies Act is a reminder of how historical laws can have lasting effects on modern immigration policies. At Familia America, we believe in empowering our clients with knowledge and resources to help them thrive, no matter the challenges.
If you're in San Jose or Salt Lake City and have questions about your immigration status or legal rights, we're here to help. Contact Familia America today to schedule a consultation and take the first step toward securing your future.
Attorney Gloria Cardenas brings more than 30 years of experience in immigration law to help protect the rights of clients and their family members. She and her knowledgeable team at Familia America work diligently behind the scenes to help process fiancé visa applications as quickly as possible. To learn more, contact the legal professionals at Familia America in Salt Lake City and schedule a consultation to discuss your case.
