The challenge Trump could face if he tries to use the Alien Enemies Act of 1798 against immigrants

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The challenge Trump could face if he tries to use the Alien Enemies Act of 1798 against immigrants
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Former President Trump is rallying in Aurora, Colorado. He has made baseless claims about migrant crime in this city. Rep. Jason Crow (D-CO), who represents this district, joins Chris Jansing to react to Trump's comments.

Donald Trump said he wants to use a 1798 law “to target and dismantle every migrant criminal network operating on American soil.” But a second Trump administration’s mass detention and deportation efforts could face difficulty if attempted under that wartime law, known as the Alien Enemies Act or Alien Enemy Act.

That doesn’t mean the law hasn’t been abused and couldn’t be again, as this Brennan Center analysis explains regarding the statute, which Democrats have proposed repealing. Nor can we be sure what would happen if an enforcement attempt landed at a Supreme Court that has taken an expansive view of presidential power — especially if Trump and Republicans are able to further shape the court.

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