This week’s episode of Parsing Immigration Policy discusses the Trump administration’s use of the Alien Enemies Act (AEA), a rarely-used provision in U.S. law passed in 1798 that gives the president the authority to swiftly remove citizens of countries of wartime foes or countries who have made a “predatory incursion” into our territory. Last month, President Trump issued a proclamation invoking the AEA to apprehend, restrain, secure, and remove certain documented members of the Venezuelan prison gang Tren de Aragua (TdA).

Guest host and CIS Director of Policy Studies Jessica Vaughan interviews George Fishman, CIS Senior Legal Fellow, who has been writing about the possible use of the AEA since 2023. Three main questions are highlighted during the podcast:

• How are individuals identified for deportations via the AEA?
• What legal protections do those targeted for deportation via the AEA have?
• Who determines whether the administration has met the statutory requirements for the AEA’s use?

In her closing commentary, Vaughan discusses the recent statewide implementation of the 287(g) partnership program for immigration enforcement in Florida.