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(March 19, 2025) Minneapolis, MN-- The Advocates for Human Rights unequivocally condemns the Trump Administration’s recent attempt to use the Alien Enemies Act (AEA) of 1798 in its targeting of migrants. Not only does this replicate the racist attacks against Japanese-, Italian- and German-Americans under the same law, it represents the latest attempt to pursue immigration policy without guardrails.

“Make no mistake: this is not deportation of dangerous criminals; this is state-sponsored kidnapping without due process and a slippery slope that puts the human rights of all in jeopardy. With this effort, the Trump Administration is seeking an end-run around even the most basic human rights standards, turning to widely condemned and shameful tactics from the shadows of history,” said Michele Garnett McKenzie, Interim Co-Executive Director. “It asks the American people to believe that our country is at war with migrants and accept destruction of human rights as a necessary weapon in that fight.”

This tactic risks returning people with viable immigration claims to face persecution and torture; losing key witnesses of crimes and trafficking; and sweeping up family members, lawful individuals, and citizens whose only hope will be to prove their innocence after the harm of deportation has happened. What’s worse, the Administration seeks to use this power to send people to a notorious prison in a third country—all without safeguards against torture and harm there. While the Administration would have us believe that this is a necessary tactic, it provides no evidence to support that claim. The law already contains terrorism and criminal bars to immigration status—once those allegations are reviewed by a judge and the person accused has a chance to present evidence.

“These are not the tactics of a nation dedicated to the rule of law and basic human rights. These are extreme measures driven by xenophobia, racism, and political maneuvering at all costs. These are actions that created harm and condemnation when used nearly a century ago, and which we have the obligation to stop now. Such tactics are never justified and always harmful,” continued Garnett McKenzie.  

The U.S. has and retains the ability to exclude and remove, with due process protections, individuals it believes to be a danger to the nation. Yet, with this latest move, the Administration is casting aside the few safeguards that prevent any person in the United States from facing torture, persecution, and other harm without a chance to present evidence to a judge, consult with an attorney, and make a case for their right to remain. There is no information on how the Administration has identified gang involvement or confirmed the nationality or criminal histories of individuals swept up in this process—an identification that would normally happen during the exact screening the Administration is trying to avoid by resurrecting the wartime powers of this 1798 law.

The Advocates calls on all Americans to demand that the Trump Administration process individuals through deportation proceedings with due process and uphold our obligations to never send someone to face persecution or torture. We call on Congress to act swiftly to repeal this outdated law and condemn its use, by passing the Neighbors Not Enemies Act, demanding the Administration withdraw its invocation, and setting aside partisan gamesmanship to ensure our nation’s policies reflect our commitment to human rights and the rule of law. We will continue to demand human rights protections for all people.

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Media Contact: Madeline Lohman, Advocacy & Outreach Director, mlohman@advrights.org, 612-746-4696