Organization instead endorses Neighbors Not Enemies Act.
The Japanese American Citizens League on Tuesday publicly denounced former President Trump’s recent pledge should he regain the White House to invoke the Alien Enemies Act of 1798 in order to initiate mass deportations of what the Republican party’s presidential candidate called “illegal alien gang members and migrant criminals,” a project he dubbed “Operation Aurora.”
Trump initially unveiled Operation Aurora at an Oct. 11 rally in the Denver, Colo.-suburb of Aurora — which he has baselessly claimed has been overtaken by gangs of Venezuelan criminals here illegally — and then repeated his promise at subsequent rallies in Arizona and California.
In its statement, the JACL said it “strongly condemns the words of former President Trump” and renewed its call for Congress to “pass the Neighbors Not Enemies Act (HR 3610/S.1747) introduced by Rep. Ilhan Omar (D-Minn.) and Sen. Mazie Hirono (D-Hawaii), which would repeal the Alien Enemies Act of 1798.”
JACL Executive Director David Inoue stated, “Former President Trump has peddled a false narrative of immigrants as a broad threat to our country. While there are many in this country who face challenges in an economy that has benefited a wealthy minority and any potential for violence can strike fear in any community, the source of these difficulties is not from immigrants who actually bring economic growth and vibrancy to the communities in which they reside. Spreading lies that incite escalating fear will lead to dire consequences such as the Japanese American community experienced during WWII.
“We at the JACL renew our commitment to protecting the rights of all people, regardless of their citizenship status or nation of origin. We urge the public and our partners to stand with us and call on Congress to pass the Neighbors Not Enemies Act before the Alien Enemies Act can once again be used to violate the due process and equal protection rights of people residing in the United States. Additionally, we call on the public and our leaders of good conscience to stand against increasing xenophobic rhetoric and condemn former President Trump’s continuing attacks on immigrant communities.
Under the Alien Enemies Act of 1798, a president may detain or deport “the natives and citizens of an enemy nation” and do so without a hearing, using just the nation of birth or citizenship as the pretext — but only during a time of declared war or when a foreign government threatens or undertakes an “invasion” or “predatory incursion” against U.S. territory.
Under the Constitution, it is Congress, not the president, that has the power to declare war — but a president may use the inherent authority of the office to repel such attacks, meaning the president may have the discretion to invoke the Alien Enemies Act. In U.S. history, only on three occasions has the Alien Enemies Act been invoked: the War of 1812, World War I and World War II.
The Alien Enemies Act remains the only component of the Alien and Sedition Acts. It was used by President Roosevelt in 1941 to arrest and detain citizens of Japan, Germany, and Italy without due process. In 1942 Roosevelt expanded the scope of his wartime powers to issue Executive Order 9066 which led to the mass incarceration of over 120,000 people of Japanese ancestry, the majority of whom were U.S. citizens.
The Alien Enemies Act was also referenced by Trump in 2016 when he issued Executive Order 13769, also known as the “Muslim Ban,” which prohibited individuals from predominantly Muslim nations from entering the United States under the false gu iise of national security.
According to the JACL, the utilization of the Alien Enemies Act as a broad immigration enforcement tool is a gross misapplication of a centuries-old law meant specifically for use in wartime.
In its statement, the JACL said, “the suggestion that migrant communities originate from enemy nations and that the United States is at war with migrants is poisonous rhetoric that only seeks to divide the American people, distance the United States from neighboring countries and dehumanize migrant families and communities seeking a better life in the United States.”
To read the JACL’s complete statement, use this link.
