White House Resumes Controversial Deportations Using 200-Year-Old Law—ACLU Fights Back

Is the U.S. Government Bypassing Modern Immigration Laws?

The American Civil Liberties Union (ACLU) has accused the Biden administration of reviving a contentious deportation strategy rooted in a law from the 1790s. This archaic statute, originally enacted to expel foreign nationals during wartime, is now being wielded to fast-track removals—bypassing due process protections. Critics argue this move undermines contemporary immigration policies while raising urgent constitutional concerns.

Why This 18th-Century Law Is Sparking Outrage

The law in question—Section 212(f) of the Alien Enemies Act of 1798—was designed to address wartime threats but is now being applied under peacetime conditions. Here’s why activists are alarmed:

• No Right to a Hearing: Detainees can be deported without appearing before a judge.
• Expanded Presidential Power: Legal scholars warn this sets a dangerous precedent for executive overreach.
• Targeted Communities: Reports suggest certain nationalities are disproportionately affected.

The Administration’s Defense

Officials argue the measure is necessary to "address urgent national security risks", particularly amid recent surges in border crossings. However, the ACLU counters that the administration is "resurrecting Trump-era tactics under a different legal guise".

What's Next? Legal Battles Loom

The ACLU has vowed to challenge the policy in court, setting the stage for a high-stakes clash over immigrant rights and presidential authority. Advocates urge Congress to intervene before the precedent becomes entrenched.

Related Questions to Consider

What do you think?

• Should wartime laws ever apply to peacetime immigration enforcement?
• Is the Biden administration betraying its promises to reform deportation policies?
• Could this policy lead to racial profiling? Is that already happening?
• Does national security justify bypassing due process?