Washington, D.C. (October 10, 2023) – A new report from the Center for Immigration Studies, “The 225-year-old ‘Alien Enemies Act’ Needs to Come Out of Retirement”, highlights the potential applicability of our nation’s oldest extant immigration enforcement statute, the Alien Enemies Act (AEA) of 1798. Can this 225-year-old statute address contemporary security challenges, specifically the issues of foreign criminal organizations – gangs and cartels - operating within the United States, as well as students from the People’s Republic of China (PRC) gathering military-valuable intellectual property on American college campuses?

Signed into law by President John Adams during a time of heightened security concerns, the AEA empowers the president to detain and remove aliens of enemy nations during wartime and in time of enemy invasion and incursions.

George Fishman, the Center’s senior legal fellow and author of the report, delves into the historical context of the AEA, its bipartisan support, and its previous utilization during the War of 1812 and World Wars I and II. He also examines the legal hurdles associated with employing the AEA against modern threats such as foreign gangs and cartels. “In light of the rise of ‘mafia states’, where criminal organizations intertwine with governments, the AEA could potentially be invoked to counteract the operations of such entities,” said Fishman.

The report also suggests a role for the AEA if a conflict arises with the PRC. Fishman said, “Nearly 300,000 Chinese nationals study in the U.S. – one third of all foreign students – with many engaged in intelligence gathering on campuses, especially regarding technology with military applications. During a time of conflict, the AEA would be our government’s only realistic means to detain and remove large numbers of these PRC nationals, advancing national security.”