The United States was founded on principles of governance by and for the people, ensuring that power resides with its citizens. The Alien Enemies Act of 1798, originally enacted to address national security threats, has been invoked in modern times to combat criminal organizations like MS-13 and Tren de Aragua. While the application of this act aims to protect the nation from illicit activities, it has sparked debates over judicial authority and the balance between security and civil liberties.
Government by the People: Foundations of American Democracy
The Constitution of the United States begins with the powerful phrase, “We the People,” emphasizing that the authority of the government is derived from its citizens. This foundational principle was a direct response to the grievances that led to the American Revolution. Colonial America experienced increasing frustration under British rule, particularly due to taxation without representation, restrictions on civil liberties, and the imposition of laws without colonial consent. These issues culminated in a collective desire for a system where governance was accountable to the people, leading to the drafting of a Constitution that enshrined democratic ideals and checks and balances to prevent the concentration of power.
The Alien Enemies Act of 1798: Historical Context and Original Intent
In 1798, amidst escalating tensions with France during the Quasi-War, Congress passed the Alien and Sedition Acts, which included the Alien Enemies Act. This legislation granted the President authority to detain or deport non-citizens from hostile nations deemed a threat to national security. At the time, the primary concern was the potential for French agents to undermine American interests. The Act was designed as a wartime measure, reflecting the young nation’s apprehension about foreign influence and the need to protect its sovereignty. Notably, while other components of the Alien and Sedition Acts expired or were repealed, the Alien Enemies Act remains in effect today.
Combating Modern Threats: Application Against MS-13 and Tren de Aragua
In recent years, the United States has faced challenges from international criminal organizations operating within its borders. Groups like Mara Salvatrucha (MS-13), originating from El Salvador, and Tren de Aragua, a Venezuelan gang, have been implicated in a range of illicit activities, including drug trafficking, human smuggling, and violent crimes. These organizations pose significant threats to public safety and national security.
To address these dangers, the Trump administration invoked the Alien Enemies Act to facilitate the detention and deportation of individuals associated with these gangs. This action led to the arrest of numerous suspected gang members, aiming to dismantle their operations and prevent further criminal activities. For instance, a coordinated effort by a Virginia-based FBI task force resulted in the apprehension of 214 individuals linked to MS-13 and Tren de Aragua within a two-week period.
Conclusion: Upholding Sovereignty and Protecting Citizens
The United States, as a sovereign nation, holds the inherent right and responsibility to protect its citizens and maintain public order. The application of laws like the Alien Enemies Act reflects the government’s commitment to safeguarding the nation from external threats. However, it is imperative that such measures are implemented with careful consideration of constitutional principles, ensuring that actions taken in the name of security do not infringe upon the rights and liberties that define the American democratic system. Balancing national safety with the preservation of civil freedoms remains a critical endeavor in maintaining the nation’s core values.
Throughout history, 
America has stood as a beacon of freedom, founded on principles that uphold justice and individual rights. While national security is paramount, any policy or legal action must align with the Constitution’s framework to prevent the overreach of government power. By upholding these values, the nation can continue to protect its people while preserving the freedoms that make the United States exceptional.
References:
1. First Inaugural Address of Abraham Lincoln