Politics
The challenge Trump could face in trying to use the Alien Enemies Act in a second term
Donald Trump said he wants to use a 1798 law “to target and dismantle every migrant criminal network operating on American soil.”
But a second Trump administration’s mass detention and deportation efforts could face difficulty if attempted under that wartime law, known as the Alien Enemies Act or Alien Enemy Act.
Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.
That language reflects a potential problem with the Republican presidential nominee’s proposal: It’s not tied to a declared war or an invasion or predatory incursion by another country.
Congress (not the president) has the power to declare war. And while Trump and other politicians have used invasion-type language when talking about immigration, that doesn’t turn the actions of people from other countries into actions taken by other countries. It’s a wartime law, and there isn’t a war.
That doesn’t mean the law hasn’t been abused and couldn’t be again, as this Brennan Center analysis explains regarding the statute, which Democrats have proposed repealing.
It’s a wartime law, and there isn’t a war.
Nor can we be sure what would happen if an enforcement attempt landed at a Supreme Court that has taken an expansive view of presidential power — especially if Trump and Republicans are able to further shape the court. Given the tension between Trump’s stated plan and the text of the law, his best hope in that scenario might be that the Roberts Court deems it the sort of “political question” that courts refuse to resolve (while effectively resolving the challenged action against the challenger). Even on that legal terrain, however, a Trump victory wouldn’t be guaranteed.
What’s more certain is that Trump’s recent invocation of the 18th-century law wasn’t a random musing, and (relatedly) it wasn’t the first time he has mentioned the act. So if he wins in November, we could soon find out how far the high court will let him go on this front.
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Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro,” a book about the secret war on synthetic drugs. Before he joined BLN, he was a legal reporter for Bloomberg Law.
President Donald Trump is blaming fellow Republicans as his endorsed candidate, Ken Paxton, appears to be in a fierce struggle for a Senate seat in Texas with Democratic challenger James Talarico in a state the GOP has long taken for granted.
Trump, in a lengthy post to Truth Social Thursday, singled out longtime Republican strategist Karl Rove and Sen. John Cornyn, the incumbent who failed to secure the president’s endorsement in a heated primary.
Rove and Cornyn, Trump said, are doing “everything possible” to make it harder for Paxton to defeat Talarico, a state lawmaker and Presbyterian seminarian who is making a suprisingly strong run for Senate in deep red Texas.
“They are hurting Texas and, more importantly, hurting the United States of America!” Trump wrote. “If Ken Paxton loses, it will be because of WEAK and INEFFECTIVE Political Hacks like John Cornyn and Karl Rove, who have ineffectively opposed me for my entire political career.”
Cornyn, a longtime fixture in Texas politics, lost his bid for reelection in a contentious Republican primary in which he and his supporters portrayed Paxton as a deeply flawed candidate. As Election Day approaches, public polling over the past two months has shown Talarico with a narrow edge against Paxton, the state’s attorney general.
Trump urged his supporters to back Paxton.
“Your favorite President (ME!) is asking all of those who supported Senator John Cornyn to UNITE, and immediately switch your support to Ken Paxton,” Trump said. “He will be a Great Senator, just like he is a Great Attorney General. “
The race has also become one of the most expensive non-presidential battles. Talarico raised $64 million this summer — the largest third-quarter haul of any Senate candidate in history. He has raised more than $134 million since launching his campaign last year.
Paxton raised $18 million in the third quarter of 2026 and last month announced a new $20 million ad buy. Earlier this month, though, a Trump operative told POLITICO that MAGA Inc. and its affiliates are could spend nearly $45 million on direct mail, TV and digital advertising in Texas through Oct. 12.
Already, $235 million has been spent by outside conservative groups and party committees against Talarico as national Republicans scramble to boost Paxton.
Some Republicans have grown concerned that the cost of the Texas race is diverting money needed in other states and have expressed frustrations with Paxton after leaked audio showed him blaming Trump for his woes.
Trump easily won Texas in 2024, winning just over 56% of the vote. But concerns about Republicans’ chances this November have surged as the president’s approval rating plummets.
Former Indiana Gov. Mitch Daniels said he thinks Vice President JD Vance and other Republicans are wrong to move away from the party’s traditional embrace of free-market economics — and that their shift could create an opening for a “pro-freedom” movement.
“I think they are in error,” Daniels said in an interview when asked about Vance’s criticism of economist Milton Friedman, who championed free-market capitalism.
“I think what Vance is saying is that there are aspects to the free market which can be disruptive of culture and tradition. I mean, that’s what the free market does. It’s dynamic,” he told Blue Light News. “It’s the only mechanism, in my view, for preserving the American dream, and that’s the most important element of our culture.”
The vice president’s intra-party critics have argued that Vance has been moving away from free-market economics and toward a larger role for the government in shaping the economy in his defense of the Trump administration’s economic policies, especially its wide-ranging tariffs.
“What the president is doing is changing 40 years of a failed bipartisan consensus in Washington, D.C., that has sold out American workers and destroyed the underlying economic strength of the United States of America,” Vance said in a Fox News interview last year.
The move is seen by some as Vance testing a more populist and protectionist message as he eyes the Republican presidential nomination in 2028.
But the two men were at one point closer politically. In Vance’s bestseller “Hillbilly Elegy,” Vance described Daniels as his “political hero.” Daniels has said that Vance sought his counsel on running for office in 2018 and Daniels advised against it because it was likely to be a bad year for Republicans.
The vice president’s office did not immediately respond to a request for comment on Daniels’ remarks.
Daniels recently released his new book, “Impatience Is a Virtue.” In it, the veteran of Indiana politics — who also led the Office of Management and Budget under President George W. Bush — detailed his career championing the free market.
Daniels told Blue Light News that President Donald Trump was both a “symptom” and “a propellant” of voters’ discontent, pointing to their “feeling of being patronized, condescended, looked down on, ignored, disrespected.” And Trump’s political success came from his ability to unite and represent these discontented voters.
Still, Daniels argued the evolution of the Republican Party under Trump has created room for a “pro-freedom party” that champions economic freedom and individual autonomy.
“Whether that is the next iteration of this Republican Party or you find some other vehicle, I don’t know,” he said. “But I think that there’s a need, and as I say, there’s certainly, I think, a market for that viewpoint waiting to be expressed by somebody.”
The former governor, now back at Purdue University as the interim president after leading the school for a decade until 2022, sidestepped a question about his party identification and another one on whether he sees Vance emerging as the “pro-freedom” candidate.
“It’s all TBD; I don’t know,” he said of Vance.
Daniels also defended his view on another 2028 hopeful, Democrat Pete Buttigieg, who was the mayor of South Bend, Indiana, during the tail end of Daniels’ governorship.
In his book, Daniels said Buttigieg is smart, but his principal asset that excites Democratic activists is his sexual identity.
Buttigieg became the first openly gay person confirmed to be a Cabinet secretary when he was tapped to lead then-President Joe Biden’s Transportation Department. A spokesperson did not immediately respond to a request for comment.
“This differentiates him in a way that would be appealing to large portions of the core Democratic electorate,” he said. “Absent that, he would be a less likely national figure.”
TALLAHASSEE, Florida — Two women this week sued former GOP Florida Rep. Matt Gaetz and two others — including a former state legislator — in federal court and accused the men of engaging in an alleged sex trafficking scheme during a time when Gaetz was still in Congress.
The lawsuit, which seeks damages from Gaetz and other defendants, was filed in Orlando by two women who were in their early 20s when they first met Gaetz. The women are not named in the lawsuit. The details mirror allegations that were at the center of a House Ethics Committee probe that found Gaetz had sex with a minor, solicited prostitutes and used illegal drugs.
“The defendants collectively used their public office, power, and wealth to prey on the economic vulnerability of the plaintiffs to commit the acts outlined below,” states the 38-page lawsuit.
That House probe helped derail Gaetz’s bid to become attorney general under President Donald Trump. He resigned from his Northwest Florida congressional seat to seek the post but decided to withdraw his name ahead of a potentially messy confirmation battle in the Senate.
Gaetz, who has repeatedly denied he ever had sex with a minor, said he would vigorously contest the allegations in the lawsuit.
“I look forward to taking the plaintiffs’ depositions because much of the conduct alleged against me is false,” Gaetz said in a text message. “The lawsuit relies almost exclusively on a Congressional committee report that didn’t allow me to confront my accusers. Now I will finally have that chance.”
The civil suit is the latest development in the long-running scandal involving Gaetz, a former ally of Trump who has continuously denied any involvement in underage sex or trafficking of women after news broke in 2021 that the Justice Department was investigating him.
The lawsuit this week by Jane Doe 1 and Jane Doe 2 was first reported by the Miami Herald. It alleges that Gaetz and former Seminole County Tax Collector Joel Greenberg “coordinated the recruitment, payments, drugs and travel to obtain commercial sex acts from young women.” The lawsuit includes former Florida legislator and lobbyist Chris Dorworth because his Central Florida home was the site of a party where he allegedly “participated in the activities alleged there.”
Greenberg is serving an 11-year federal sentence after he pleaded guilty to multiple federal offenses including underage sex trafficking of a minor and wire fraud. Greenberg cooperated with federal investigators who were probing Gaetz but the U.S. Department of Justice closed the investigation without filing charges.
The lawsuit says it “arises from the recruitment and sexual exploitation” that occurred from 2017 through January 2019 and included trips to various locations such as Las Vegas, New York City and the Bahamas. It accuses Gaetz and Greenberg of making promises to help the two women financially or with college bills.
“They led her to believe they would resolve her financial needs as long as she continued to perform sexual acts for them and their associates,” the lawsuit states about Jane Doe 1. “They used the age, wealth and political power gap between themselves and Jane Doe 1 to keep her compliant and silent.”
Jane Doe 2, the lawsuit states, was “paid less” than promised and “through this pattern defendants caused Jane Doe 2 to believe she would lose her education and serious financial harm if she stopped performing sexual acts.”
Stencer Kuvin, a West Palm Beach attorney representing the two women, said in an email that federal law designed to protect sex trafficking victims has a 10-year statute of limitations “which potentially could run [out] next year based upon the allegations in the complaint.”
Gaetz, a firebrand and ally of Trump, was once seen as a potential candidate for Florida governor or attorney general. Since he left Congress, he has hosted his own show on the One America News Network and he was appointed to the board of a nonprofit charged with distributing proceeds from a settlement Florida received after the 2010 Deepwater Horizon oil spill along the Gulf Coast.
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