#1645 The Resurrection of the Alien Enemies Act of 1798

Clay is joined by one of his favorite guests and favorite people, historian Joe Ellis of Vermont. The discussion is about the Trump administration’s attempt to pull the Alien Enemies Act of 1798 out of the historical dust and apply it to what it regards as undesirable foreigners in the United States. Two Alien acts, the Sedition Act, and the Naturalization Act were passed by a Federalist Congress during a war scare in 1798, the so-called Quasi War. The Alien Enemies Act permitted the president to deport any foreign person he regarded as a national security threat, without due process, without a hearing public or private, and without the benefit of counsel. In the presidential campaign of 2024 Donald Trump declared that he would be invoking the Alien Enemies Act, which is still on the books. He has begun to deport what he regards as Venezuelan gang members and other undesirables (as he sees them). The federal courts now will have to determine if the Alien Enemies Act is a legal tool in President Trump’s campaign to control immigration to the United States. Joe Ellis provides vital and essential historical context for this vexed issue. This interview was recorded on 22 March 2025.