This weekend, we witnessed the invocation of the Alien Enemies Act of 1798, a wartime law last used to justify the forced incarceration of Japanese Americans during World War II. This act grants the president sweeping authority to imprison or deport individuals from nations with which the U.S. is “at war” and that have “invaded” the country. In 1941, President Franklin D. Roosevelt used the act to issue Executive Order 9066, which led to the mass incarceration of over 120,000 people of Japanese ancestry, including U.S. citizens and even children, marking one of the most egregious civil rights violations in U.S. history.

The Asian American Scholar Forum (AASF) warns of the dangers of this unprecedented use of executive power, which would grant the administration broad authority to detain and deport noncitizens from so-called “enemy nations” without due process. Its application in the current context is unprecedented and raises significant legal and ethical concerns and could allow the government to ignore basic legal rights and protections. Experts warn that applying this law in peacetime is a staggering overreach and calls into question its constitutionality, with one legal challenge already underway. The implications of this policy extend far beyond noncitizens and spark concerns about reviving one of America’s darkest chapters.

Statement from Asian American Scholar Forum Executive Director Gisela Kusakawa:
“This move revives one of the most shameful policies in American history. The Alien Enemies Act was once used to justify the incarceration of Japanese Americans—an atrocity our nation has since recognized as a grave injustice. Resurrecting this law today not only echoes that dark past but also erodes the fundamental freedoms and values America stands for.

This act has already raised concerns about constitutionality and lawfulness. The modern-day expansion is unprecedented, using wartime authority during peacetime and broadening the definition of wartime.

We have seen the devastating consequences of policies driven by fear rather than justice—most notably, the mass incarceration of Japanese Americans during World War II. As a nation, we must learn from history, not repeat it. Upholding civil rights and due process is essential to ensuring that America remains a place of opportunity, fairness, and the rule of law.”