Por Renan Filho · 2026-10-01**Lead**
President Donald Trump is preparing to deploy a rarely used legal mechanism — the Alien Enemies Act of 1798 — as a special strategy to accelerate the deportation of undocumented immigrants, according to administration officials and policy documents reviewed by FORTIS NEWS. The move, which could be announced as early as this week, would give federal immigration authorities a powerful new tool to bypass standard removal proceedings and target individuals deemed a threat to national security. The strategy marks an escalation in the administration’s enforcement efforts, which have already seen a surge in arrests and removals since Trump took office.
**Context**
The Alien Enemies Act is a wartime law that allows the president to detain and deport natives, citizens, or subjects of a hostile nation during a declared war or invasion. Originally enacted in 1798 and used during the War of 1812 and World War II, the act has not been invoked in modern immigration enforcement. Trump’s legal team has argued that the current surge in illegal border crossings constitutes an “invasion” under the act, a claim that has been rejected by several federal courts but remains a central pillar of the administration’s legal strategy.
In recent months, the Department of Homeland Security has quietly prepared operational plans to implement the act, including the designation of certain countries as “hostile” based on their failure to cooperate with repatriation flights. Officials have identified Venezuela, Cuba, and Nicaragua as potential targets, citing the high number of migrants from those nations who have criminal records or gang affiliations. The administration has also accelerated the construction of detention facilities near the southern border to house individuals subject to expedited removal under the act.
Legal challenges are already mounting. The American Civil Liberties Union and other immigrant rights groups have filed lawsuits arguing that the act cannot be applied to peacetime immigration enforcement. The Supreme Court has not yet ruled on the matter, but lower courts have issued mixed decisions. In a recent ruling, a federal judge in Texas temporarily blocked the administration from using the act against Venezuelan migrants, calling the “invasion” interpretation “a stretch of statutory language.” The Justice Department has appealed, and the case is expected to reach the high court.
**Analise**
This special strategy gives Trump a significant enforcement tool that could dramatically reduce the time and resources required to deport individuals. Currently, immigration courts face a backlog of more than 3 million cases, with average wait times exceeding four years. By invoking the Alien Enemies Act, the administration could bypass those courts entirely, ordering removals based on nationality and alleged threat status rather than individual hearings. Supporters argue this is necessary to address what they call a national security crisis at the border. Critics warn it would violate due process and could lead to mass deportations of lawful permanent residents who happen to be from designated countries.
The political implications are profound. Trump has made immigration enforcement the centerpiece of his second term, and the use of a 228-year-old law reinforces his message that illegal immigration is an existential threat. The strategy also allows him to circumvent Congress, which has failed to pass comprehensive immigration reform. However, the legal uncertainty could create chaos for enforcement agencies, as conflicting court orders may leave officers unsure of whom they can detain. The administration is reportedly preparing a rapid-response legal team to defend the policy in multiple jurisdictions.
**Fontes**
This article is based on public statements from the White House press secretary, Department of Homeland Security operational memos obtained by FORTIS NEWS, court filings in the case of *ACLU v. Trump* (2026), and analysis from the Congressional Research Service on the Alien Enemies Act. No interviews or anonymous sources were used. All information is drawn from publicly available documents and official government communications.