Congress Had 84 Years to Fix the Alien Enemies Act—They Chose Not To (Opinion)

Very rarely do I comment on national news, outside of vaccine injuries. However, as a student of history, I couldn’t let this latest news item go without adding an important commentary. President Trump’s decision to invoke the Alien Enemies Act in response to the Tren de Aragua criminal organization is a stark reminder of Congress’s long-standing failure to address outdated or controversial laws. This 18th-century statute, which was last used to justify the internment of Japanese, German, and Italian individuals during World War II, has remained untouched for over 80 years since FDR invoked it in 1941. If lawmakers are now concerned about its misuse, they have no one to blame but themselves for failing to act.

For decades, members of both political parties have been quick to condemn policies they find politically inconvenient, but far too often, they fail to take real legislative action to fix them. The Alien Enemies Act is just one example. Immigration policy is another—lawmakers repeatedly talk about the issue, but they consistently avoid meaningful reform, preferring to leave the problem unresolved so they can use it later as a political chess piece to win votes. If the law was truly a concern, Congress had every opportunity to repeal or reform it after World War II, during the Cold War, after 9/11, or at any other time over the past eight decades. Instead, it was left intact, quietly waiting to be used again.

Now that Trump has invoked the Act, there is renewed outrage over its potential for abuse. That outrage is quite possibly justified—this is a law with a dark history, and its use should raise serious concerns. But the finger-pointing at Trump alone misses the larger issue: Congress had 84 years to repeal or reform the Alien Enemies Act, and they chose not to. Whether out of neglect, laziness, or political calculation, lawmakers have allowed it to remain on the books, giving future presidents—including Trump—an unchecked tool of executive power. If Congress truly wants to prevent future abuses, they should stop talking and start legislating. Otherwise, this cycle will continue, and the only ones to blame will be themselves.

Did you know that since 1945, there were 17 times where the same party has controlled both chambers of congress as well as the President, with Democrats having full control 12 times to Republicans 5 times. And yet, during these times both parties have failed to address the issues they typically ran on to get elected. Truth is, both parties have failed the American people time and time again on issues like this, and it really does seem like it’s intentional. Whether it’s the Alien Enemies Act, immigration reform, or countless other outdated laws, Congress has repeatedly chosen to ignore problems rather than fix them—only to later use those same problems as political ammunition. Regardless of whether you support or oppose Trump’s use of this law, I think we can all agree on one thing: it’s time for Congress to stop playing the “use the crisis to win political points” game and start working together to modernize our laws. The American people deserve leadership that actually solves problems, not one that keeps them around for future campaign slogans.

Opinion article by Ken Buckler, President of RFHC. All opinions are his own, and do not reflect those of our clients or sponsors.

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