Max Ebel fled his home in Nazi Germany after he was assaulted for refusing to join the Hitler Youth. Susumu Shimizu, a Japanese immigrant in Peru, helped run a successful family business in Lima. Neither Max nor Susumu had broken any law or posed a threat to the United States. Yet the U.S. government imprisoned these men for years in World War II internment camps.
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Their internment was declared permissible under the Alien Enemies Act, a law that allowed the wartime detention and deportation of noncitizens of Japanese, German, and Italian ancestry without any evidence of disloyalty. Over a million U.S. immigrants were affected by the law and had to register as “enemy aliens” subject to myriad restrictions. As “enemy aliens,” immigrants like Max could be subject to internment for the duration of the war. And, like Susumu, thousands of Japanese, German, and Italian immigrants and citizens of Latin American countries were forcibly taken from their homes, sent to the United States, and then interned as “enemy aliens.” They endured indefinite detention in the camps—and many were deported into war zones when used in civilian prisoner exchanges.
We knew Max and Susumu and how they suffered. They were our fathers. What happened to them and the other prisoners in U.S. internment camps was a shameful episode in our country’s history. But now we see the U.S. government on the verge of repeating it.
President Donald Trump just invoked the Alien Enemies Act on March 15—without regard to its role in justifying the wrongful internment of Max, Susumu, and thousands of others during World War II. A federal judge temporarily blocked the order, though deportations have already begun. Echoing the law’s shameful history, Trump said he would use the law to target Venezuelan immigrants his administration designates as gang members, without any verified evidence or independent review. And his adviser Stephen Miller has proposed building “camps” to hold these immigrants pending deportation. Trump’s “border czar” appointee Tom Homan has suggested detaining immigrants’ U.S. citizen-children and deporting them with their parents, another move that would mirror the use of the Alien Enemies Act during World War II.
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Legal experts have condemned this proposed invocation of the Alien Enemies Act as illegal. The law allows presidents to use its summary detention and deportation powers only during declared wars or armed attacks by enemy nations. The Alien Enemies Act is a wartime authority, not a tool for presidents to use to address migration or even transnational criminal activity.
Reviving the Alien Enemies Act, however, would be more than a legal violation. It would be a betrayal of American values to target people for detention and deportation without any evidence of misconduct and based principally on where they were born.
Our fathers have passed away, as have the vast majority of those interned under the Alien Enemies Act during World War II. They cannot speak up against this travesty, but we can and must.
We should not repeat this law’s devastating history of violating constitutional and human rights. Congress and past presidents have underscored this in their official apologies to those interned under the Alien Enemies Act and other authorities. As President Bill Clinton wrote when apologizing for the treatment of Japanese Americans, “We must learn from the past and dedicate ourselves as a nation to renewing the spirit of equality and our love of freedom.”
Now is the time to live up to these values—the promise that the United States can learn from its mistakes to form a more perfect union. The promise of due process and equal justice under the law. The promise is that all people are created equal and have certain unalienable rights.
President Trump must stop implementing the Alien Enemies Act. He should instead seek out the stories of former Alien Enemies Act internees and their families, to understand the harms and pain this law has already caused.
Congress, for its part, should work to repeal the Alien Enemies Act once and for all. We thank Senator Mazie Hirono and Representative Ilhan Omar for introducing a repeal bill in Congress. Dozens of groups representing former internees and their families, including our organizations, the German-American Internee Coalition and the Japanese Peruvian Oral History Project, have endorsed that legislation.
We recognize that there is work to be done to solve our immigration challenges. But the only way our leaders should approach the Alien Enemies Act in the modern day is by acknowledging the fundamental injustice of wartime internment and expulsions and by working to repeal the law, not resurrecting it to devastate the lives of other immigrants who call this country home.