President-elect Donald Trump is planning to use ancient laws and legal theories to push his agenda during his first year in office, particularly on issues such as immigration and birthright citizenship. According to CNN, Trump has expressed his intention to invoke a 1798 law to accelerate deportations and has suggested the possibility of using a law tied to the Whiskey Rebellion of 1794 to deploy the military on U.S. soil.
Immigration is not the only issue on Trump’s mind. Some of his allies, including Vice President-elect JD Vance, have proposed enforcing an 1873 chastity law, known as the Comstock Act, to prohibit mailing abortion drugs. However, Trump has stated that he does not plan, in principle, to use this law to restrict access to abortion drugs, although he has left open the possibility that this may change in the future, as reported by CNN.
Trump has framed these laws as a way to return to times of greater political power in the United States, suggesting that he could use the same powers granted by presidents like John Adams and Thomas Jefferson to confront what he has called the «enemy from within» and carry out mass deportations of undocumented immigrants. CNN explains that some of the laws Trump is considering have complicated histories, which could lead to confrontations with a 6-3 conservative Supreme Court that will closely monitor the actions of the new president.
For example, the Alien Enemies Act of 1798, which Trump has specifically mentioned during his campaign, allows the federal government to expedite deportations of citizens from «hostile nations» during wartime. This law was last used during World War II to intern Japanese citizens, an act that was upheld by the Supreme Court in a controversial 1944 decision, as noted by CNN.
According to CNN, in an interview earlier in 2024 with Time magazine, Trump spoke about using the military or the National Guard to assist with the deportation of millions of undocumented immigrants.
The current version of the law was last invoked by President George H. W. Bush during the 1992 Los Angeles riots that followed the acquittal of four white police officers for the beating of Rodney King.
Revisiting Birthright Citizenship
Another issue Trump has mentioned is his interest in reopening the long-standing debate over birthright citizenship, which has been law since the Supreme Court ruled in 1898 that people born on U.S. soil are citizens, even if their parents are not.
The president-elect has long criticized birthright citizenship, which is protected by the 14th Amendment.
Still, his allies are considering directing the State Department to deny passports to children of undocumented parents and tightening the requirements for tourist visas to end «birth tourism,» sources familiar with the planning told CNN in December. Denying passports to U.S.-born individuals would trigger immediate lawsuits.
However, history is believed to work against Trump in this case.
At Pikes Peak Immigration, we will continue to monitor what happens regarding immigration once Trump takes office, and we will keep fighting for the rights of immigrants, no matter the circumstances.
If you have questions or need legal advice, call us at 719-602-4477.