https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained
The Brennan Center article explains the Alien Enemies Act, a U.S. law enacted in 1798, which permits the president to detain, deport, or restrict the freedoms of non-citizens from countries deemed hostile during times of war or declared threats. The law has historically targeted individuals based on their national origin or ancestry, such as during World War II when Japanese, German, and Italian nationals were detained. This raises significant constitutional concerns, as targeting individuals based on ancestry violates the Fifth Amendment’s guarantee of equal protection and due process. Despite remaining in effect today, the Act’s potential for discrimination and abuse underscores the need for reform or repeal to align it with modern constitutional principles and protect civil liberties.