The Neighbors Not Enemies Act (H.R. 3610) repeals the Alien Enemies Act of 1798 (AEA), an archaic and little known law used only three times, all during wars against foreign powers.

Thomas Jefferson referred to the Alien and Sedition Acts, the set of now expired laws the AEA belongs to, as part of a “reign of witches.”

The Trump administration is attempting to invoke the AEA to curb illegal immigration and drug smuggling. While pressing issues, the AEA is not meant for such a purpose, and its invocation imperils civil liberties for both immigrants and U.S. citizens.

We need you to write to your lawmakers and urge them to co-sponsor the Neighbors Not Enemies Act to protect civil liberties and the economic wellbeing of U.S. farming communities.

Why the Alien Enemies Act?

The AEA allows the president to unilaterally determine if all foreign nationals from a specific country should be “apprehended, restrained, secured, and removed” without due process or evidence of wrongdoing in event of war, “invasion,” or “predatory incursion.”

In an Executive Order, the administration equates illegal immigration to an “invasion,” which they claim authorizes invoking the AEA. So far, the Trump administration is targeting Venezuelans alleged to be members of Tren de Aragua (TdA). This decision has raised serious constitutional questions that are being adjudicated in federal courts.

The AEA is a slippery slope. For now, the administration’s primary targets are alleged gang members. However, if the administration is able to bypass due process protections, the AEA could be used to target undocumented farm workers, permanent residents, and legally authorized temporary workers on H-2A visas.

The Alien Enemies Act is now a redundant national security tool that sits dormant until it is harnessed by an administration from either party, as history shows, to be abused and misused. Notoriously, the AEA was invoked by President Franklin Delano Roosevelt in 1941 to authorize the detainment and detention of Japanese, Italian, and German people into internment camps.

The Dangers of the Alien Enemies Act

The invocation of the Alien Enemies Act will have dire consequences for the livelihoods of those in primarily rural farming communities, who would lose a major section of their workforce if migrants were detained en masse. The American Farm Bureau Federation has expressed the challenges they face amidst a growing labor shortage. If more migrant workers on H-2A visas are targeted under the AEA, farmers will struggle with rising wages, and consumers will be hurt by higher prices. Temporary workers are vital to farmers.

As a Fourth Amendment organization, Restore the Fourth opposes the mass warrantless detainment and arrest of targeted groups. If we truly are under an “invasion” (which is highly doubtful), the implications for U.S. citizens’ civil liberties are immense. Under such an emergency, the government can suspend the writ of habeas corpus and therefore detain people without due process. The Justice Department claims the AEA authorizes law enforcement to search homes without a warrant (including those of U.S. citizens).

The AEA is an outdated law and dangerous instrument that should be repealed. The Neighbors Not Enemies Act is endorsed by a wide variety of organizations across the political spectrum, including faith-based Catholic groups and veterans organizations. Please write to your lawmakers today!