NEWSFLASH: War can only be declared by Congress.
So now you’re waving around the Alien Act of 1798 like it’s the Ark of the Covenant, convinced it will melt the faces of all dissenters with its sheer vintage authority. Fascinating. You’ve discovered a 226-year-old statute written by men in powdered wigs to target French sympathizers during a period of undeclared naval conflict, and you want to apply it to a Venezuelan gang member in Illinois in 2024. That’s not legal reasoning--that’s historical cosplay.
Let’s get something straight: the Alien Enemies Act, passed as part of the Alien and Sedition Acts, was wartime legislation designed for a specific purpose--removal of nationals from enemy countries during declared wars. And yes, one part of it still exists in the U.S. Code today (50 U.S.C. § 21)--but its use is limited to times of declared war or presidentially-recognized armed conflict with a specific foreign nation or government. We are not at war with Venezuela, nor has there been any such designation. Unless you’ve uncovered a secret war declaration in a cereal box, your invocation of this statute is legally inert.
The language you quoted--Section 2, allowing the President to remove aliens for “public safety”--only applies in the context of war, and it does not grant blanket authority to deport asylum seekers, nor does it override constitutional due process. You’re quoting old parchment like it’s a Get Out of the 14th Amendment Free card. It isn’t.
You know who tried using “public safety” justifications for internment based on nationality? The U.S. government during WWII. And in Korematsu v. United States (1944), the Supreme Court shamefully upheld it--but that decision has since been explicitly disavowed by the Court. When Chief Justice Roberts ruled in Trump v. Hawaii (2018), he wrote: “Korematsu was gravely wrong the day it was decided.”
So no, Meathead, you don’t get to dust off 18th-century wartime statutes and wield them like a hammer against 21st-century asylum seekers. This isn’t a vintage firearms auction--it’s the law. And the law doesn’t bend to your nostalgia for authoritarian shortcuts.
Try reading the Constitution sometime. Not just the parts that rhyme with your favorite Fox chyron, but the whole thing. Especially the bits about due process, equal protection, and not using 1798 panic laws as cover for your 2024 prejudices.
time.com
