- United States
- Mo.
- Letter
The administration's invocation of the Alien Enemies Act of 1798 to deport hundreds of alleged gang members to El Salvador raises serious legal and Constitutional concerns that warrant Congressional oversight. This long-dormant law, intended for declared wars or invasions, is being used for immigration enforcement purposes during peacetime, raising questions about the legitimate scope of executive authority. Deporting individuals en masse without due process, based solely on claimed gang affiliations and without the opportunity to contest the allegations, violates fundamental principles of fairness and judicial review. Circumventing normal immigration proceedings risks wrongful deportations and human rights violations. Moreover, this unilateral action undermines the separation of powers by usurping Congress's authority to declare war and set immigration policy. As a co-equal branch, Congress has a duty to examine whether the President exceeded his Constitutional powers and ensure adequate checks remain on executive overreach. Rigorous oversight hearings should be convened immediately to examine the legal justifications cited, assess any violations of Constitutional boundaries, and consider legislative responses to prevent further abuse of emergency powers for ordinary policy objectives. Upholding the rule of law and system of checks and balances is essential to preserving democratic governance.