Border Czar Tom Homan swiftly dismissed a reporter’s attempt to corner him with a “gotcha” question regarding the use of the Alien Enemies Act of 1798 to deport criminal migrants.
The exchange occurred amid growing controversy over President Donald Trump’s recent activation of the law to expedite deportations.
During the interaction, the reporter challenged Homan on the law’s historical roots, asking, “What do you say to those who claim you are using a 200-year-old law to circumvent due process?”
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Homan, unfazed, immediately fired back: “An old law? It’s not as old as the Constitution and we still pay attention to that don’t we?”
The reporter attempted to press further with additional questions, but Homan ended the exchange and walked away, leaving the journalist without a response.
Reporter: “That law is 200 years old!”
Tom Homan: “Well, the Constitution is a lot older than that and we still follow it” pic.twitter.com/igOANjPfb1
— End Wokeness (@EndWokeness) March 17, 2025
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President Trump has invoked the Alien Enemies Act, a statute dating back to 1798, as a legal basis for deporting criminal migrants.
The law grants the president authority to detain and remove nationals from countries deemed hostile during times of war or national emergency.
The decision to invoke this measure has drawn criticism from left-wing activists, who claim it undermines due process.
However, legal experts point out that the law explicitly allows such actions under wartime conditions and is a recognized part of U.S. code.
“Those subject to the Alien Enemies Act would not be allowed to have a court hearing or an asylum interview since they would be processed under an emergency, wartime authority — not immigration law. Instead, they would be eligible to be detained and deported, with little to no due process, under Title 50, the section of the U.S. code housing America’s war and defense laws,” one legal analysis states.
On Saturday, a federal judge intervened to halt the Trump administration’s use of the Alien Enemies Act against Venezuelan nationals.
Chief Judge James E. Boasberg, an Obama-appointed judge, issued a temporary restraining order blocking deportations.
The ruling came as part of the lawsuit J.G.G. v. Trump, in which plaintiffs argue that invoking the Alien Enemies Act outside of wartime is “unprecedented” and “unlawful.”
The administration, however, maintains that the measure falls well within the constitutional authority of the president.
The legal battle over the Alien Enemies Act is expected to continue as the Trump administration moves forward with its broader immigration enforcement agenda.
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