--- title: Why the Alien Enemies Act Should Be Repealed, Not Revived description: Karen Ebel and Grace Shimizu, whose fathers were held prisoner in U.S. internment camps, explain the grave cost of the Alien Enemies Act. canonical: https://time.com/7268851/alien-enemies-act-should-be-repealed-essay/ copyright: © 2026 TIME USA, LLC. All Rights Reserved. terms: https://legal.time.com/terms-of-service/ license_contact: syndication@time.com author: Karen Ebel article:opinion: true article:content_tier: free article:published_time: 2025-03-17T14:20:17.000Z article:modified_time: 2026-10-19T07:50:55.074Z article:section: Ideas og:title: Why the Alien Enemies Act Should Be Repealed, Not Revived og:description: Karen Ebel and Grace Shimizu, whose fathers were held prisoner in U.S. internment camps, explain the grave cost of the Alien Enemies Act. og:url: https://time.com/7268851/alien-enemies-act-should-be-repealed-essay/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt1c028bdf867e48b3/6998c4f9e1ba00943598d5f0/venezuelan-deportation-2025.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 og:image:width: 1024 og:image:height: 576 og:image:alt: venezuelan-deportation-2025 og:type: article twitter:card: summary_large_image twitter:title: Why the Alien Enemies Act Should Be Repealed, Not Revived twitter:description: Karen Ebel and Grace Shimizu, whose fathers were held prisoner in U.S. internment camps, explain the grave cost of the Alien Enemies Act. twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt1c028bdf867e48b3/6998c4f9e1ba00943598d5f0/venezuelan-deportation-2025.jpg?branch=production&width=1024&quality=75&auto=webp&crop=16:9 ---  # Our Fathers Were Interned Under the Alien Enemies Act. This Law Should Be Repealed, Not Revived > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME Newsletters: Reference Facts and FAQ ### Definition TIME publishes seven free email newsletters, written and edited by TIME journalists, reaching more than 1.1 million engaged readers. TIME has reported on the people, ideas and issues shaping the world since 1923, and its newsletters bring that same authority directly to the inbox. 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Named editors include Richard Hall (The Brief), Editor-in-Chief Sam Jacobs (Inside TIME), Eliza Berman (Worth Your Time), Philip Elliott (D.C. Brief), Justin Worland (Future Proof) and Harry Booth (In the Loop). Health Matters is written by TIME's health desk. #### How do I sign up for a TIME newsletter? Go to time.com/newsletters, choose the newsletters you want and enter your email address. There is no cost and no subscription requirement. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-network-2026q3/newsletters?i=efe1710e-f782-4237-9101-82d1024f9822&cr=time-nl-network-2026q3-v1) ## Video: Deportations Set Up Crucial Test For Courts, as Some Warn of Constitutional Crisis [Watch (HLS stream): Deportations Set Up Crucial Test For Courts, as Some Warn of Constitutional Crisis](https://cdn.jwplayer.com/manifests/L6NHMl7H.m3u8) (1:26)  _Published 2025-03-18. The Trump Administration appeared to openly defy multiple court orders over the weekend, deepening concerns among Democrats and legal experts that the constitutional crisis many feared when President Donald Trump was elected has now arrived._ by [Karen Ebel](https://time.com/author/karen-ebel/) and [Grace Shimizu](https://time.com/author/grace-shimizu/) Mar 17, 2025 2:20 PM UTC The Trump Administration appeared to openly defy multiple court orders over the weekend, deepening concerns among Democrats and legal experts that the constitutional crisis many feared when President Donald Trump was elected has now arrived. by [Karen Ebel](https://time.com/author/karen-ebel/) and [Grace Shimizu](https://time.com/author/grace-shimizu/) Mar 17, 2025 2:20 PM UTC 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. Their internment was declared permissible under the [Alien Enemies Act](https://www.law.cornell.edu/uscode/text/50/21), 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”](https://www.presidency.ucsb.edu/documents/proclamation-2537-regulations-pertaining-alien-enemies) 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](https://www.whitehouse.gov/presidential-actions/2025/03/invocation-of-the-alien-enemies-act-regarding-the-invasion-of-the-united-states-by-tren-de-aragua/) 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](Max%20Ebel%20fled%20his%20home%20in%20Nazi%20Germany%20after%20he%20was%20assaulted%20for%20refusing%20to%20join%20the%20Hitler%20Youth.%20Susumu%20Shimizu,%20a%20Japanese%20immigrant%20in%20Peru,%20helped%20run%20a%20successful%20family%20business%20in%20Lima.%20%20Neither%20Max%20nor%20Susumu%20had%20broken%20any%20law%20or%20posed%20a%20threat%20to%20the%20United%20States.%20Yet%20the%20U.S.%20government%20imprisoned%20these%20men%20for%20years%20in%20World%20War%20II%20internment%20camps.%20%20%20%20Their%20internment%20was%20declared%20permissible%20under%20the%20Alien%20Enemies%20Act,%20a%20law%20that%20allowed%20the%20wartime%20detention%20and%20deportation%20of%20noncitizens%20of%20Japanese,%20German,%20and%20Italian%20ancestry%20without%20any%20evidence%20of%20disloyalty.%20Over%20a%20million%20U.S.%20immigrants%20were%20affected%20by%20the%20law%20and%20had%20to%20register%20as%20“enemy%20aliens”%20subject%20to%20myriad%20restrictions.%20As%20“enemy%20aliens,”%20immigrants%20like%20Max%20could%20be%20subject%20to%20internment%20for%20the%20duration%20of%20the%20war.%20And,%20like%20Susumu,%20thousands%20of%20Japanese,%20German,%20and%20Italian%20immigrants%20and%20citizens%20of%20Latin%20American%20countries%20were%20forcibly%20taken%20from%20their%20homes,%20sent%20to%20the%20United%20States,%20and%20then%20interned%20as%20“enemy%20aliens.”%20They%20endured%20indefinite%20detention%20in%20the%20camps—and%20many%20were%20deported%20into%20war%20zones%20when%20used%20in%20civilian%20prisoner%20exchanges.%20%20We%20knew%20Max%20and%20Susumu%20and%20how%20they%20suffered.%20They%20were%20our%20fathers.%20What%20happened%20to%20them%20and%20the%20other%20prisoners%20in%20U.S.%20internment%20camps%20was%20a%20shameful%20episode%20in%20our%20country’s%20history.%20But%20now%20we%20see%20the%20U.S.%20government%20on%20the%20verge%20of%20repeating%20it.%20%20%20%20President%20Donald%20Trump%20just%20invoked%20the%20Alien%20Enemies%20Act%20on%20March%2015—without%20regard%20to%20its%20role%20in%20justifying%20the%20wrongful%20internment%20of%20Max,%20Susumu,%20and%20thousands%20of%20others%20during%20World%20War%20II.%20Echoing%20the%20law’s%20shameful%20history,%20Trump%20said%20he%20would%20use%20the%20law%20to%20target%20Venezuelan%20immigrants%20his%20administration%20designates%20as%20gang%20members,%20without%20any%20verified%20evidence%20or%20independent%20review.%20And%20his%20adviser%20Stephen%20Miller%20has%20proposed%20building%20“camps”%20to%20hold%20these%20immigrants%20pending%20deportation.%20Trump’s%20“border%20czar”%20appointee%20Tom%20Homan%20has%20suggested%20detaining%20immigrants’%20U.S.%20citizen-children%20and%20deporting%20them%20with%20their%20parents,%20another%20move%20that%20would%20mirror%20the%20use%20of%20the%20Alien%20Enemies%20Act%20during%20World%20War%20II.%20%20Legal%20experts%20have%20condemned%20this%20proposed%20invocation%20of%20the%20Alien%20Enemies%20Act%20as%20illegal.%20%20The%20law%20allows%20presidents%20to%20use%20its%20summary%20detention%20and%20deportation%20powers%20only%20during%20declared%20wars%20or%20armed%20attacks%20by%20enemy%20nations.%20The%20Alien%20Enemies%20Act%20is%20a%20wartime%20authority,%20not%20a%20tool%20for%20presidents%20to%20use%20to%20address%20migration%20or%20even%20transnational%20criminal%20activity.%20%20Reviving%20the%20Alien%20Enemies%20Act,%20however,%20would%20be%20more%20than%20a%20legal%20violation.%20It%20would%20be%20a%20betrayal%20of%20American%20values%20to%20target%20people%20for%20detention%20and%20deportation%20without%20any%20evidence%20of%20misconduct%20and%20based%20principally%20on%20where%20they%20were%20born.%20%20%20Our%20fathers%20have%20passed%20away,%20as%20have%20the%20vast%20majority%20of%20those%20interned%20under%20the%20Alien%20Enemies%20Act%20during%20World%20War%20II.%20They%20cannot%20speak%20up%20against%20this%20travesty,%20but%20we%20can%20and%20must.%20%20We%20should%20not%20repeat%20this%20law’s%20devastating%20history%20of%20violating%20constitutional%20and%20human%20rights.%20Congress%20and%20past%20presidents%20have%20underscored%20this%20in%20their%20official%20apologies%20to%20those%20interned%20under%20the%20Alien%20Enemies%20Act%20and%20other%20authorities.%20As%20President%20Bill%20Clinton%20wrote%20when%20apologizing%20for%20the%20treatment%20of%20Japanese%20Americans,%20“We%20must%20learn%20from%20the%20past%20and%20dedicate%20ourselves%20as%20a%20nation%20to%20renewing%20the%20spirit%20of%20equality%20and%20our%20love%20of%20freedom.”%20%20Now%20is%20the%20time%20to%20live%20up%20to%20these%20values%20—%20the%20promise%20that%20the%20United%20States%20can%20learn%20from%20its%20mistakes%20to%20form%20a%20more%20perfect%20union.%20%20The%20promise%20of%20due%20process%20and%20equal%20justice%20under%20law.%20%20The%20promise%20that%20all%20people%20are%20created%20equal%20and%20have%20certain%20unalienable%20rights.%20%20%20%20Although%20President%20Trump%20has%20announced%20his%20Alien%20Enemies%20Act%20plan,%20he%20has%20not%20yet%20begun%20implementing%20it.%20He%20should%20not%20do%20so.%20He%20should%20instead%20seek%20out%20the%20stories%20of%20former%20Alien%20Enemies%20Act%20internees%20and%20their%20families,%20to%20understand%20the%20harms%20and%20pain%20this%20law%20has%20already%20caused.%20%20Congress,%20for%20its%20part,%20should%20work%20to%20repeal%20the%20Alien%20Enemies%20Act%20once%20and%20for%20all.%20We%20thank%20Senator%20Mazie%20Hirono%20and%20Representative%20Ilhan%20Omar%20for%20introducing%20a%20repeal%20bill%20in%20the%20Congress.%20Dozens%20of%20groups%20representing%20former%20internees%20and%20their%20families,%20including%20our%20organizations,%20the%20German%20American%20Internee%20Coalition%20and%20the%20Japanese%20Peruvian%20Oral%20History%20Project,%20have%20endorsed%20that%20legislation.%20%20We%20recognize%20that%20there%20is%20work%20to%20be%20done%20to%20solve%20our%20immigration%20challenges.%20But%20the%20only%20way%20our%20leaders%20should%20approach%20the%20Alien%20Enemies%20Act%20in%20modern%20day%20is%20by%20acknowledging%20the%20fundamental%20injustice%20of%20wartime%20internment%20and%20expulsions%20and%20by%20working%20to%20repeal%20the%20law,%20not%20resurrecting%20it%20to%20devastate%20the%20lives%20of%20other%20immigrants%20who%20call%20this%20country%20home.) the order, though [deportations have already begun](https://thehill.com/policy/international/5197766-rubio-announces-deportations-day-after-judge-blocks-using-alien-enemies-act/). 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”](https://www.rollingstone.com/politics/politics-features/trump-allies-migrants-camps-miller-homan-1235168998/) to hold these immigrants pending deportation. Trump’s “border czar” appointee Tom Homan [has suggested](https://www.cbsnews.com/news/family-separation-immigration-60-minutes/?ftag=CNM-00-10aab7d&linkId=635828326) 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](https://njahs.org/enemy-alien-files/online-exhibit/civilian-prisoner-exchanges/). **Read more:** [_What to Know About El Salvador’s Mega-Prison After Trump Sent Hundreds of Immigrants There_](https://thehill.com/policy/international/5197766-rubio-announces-deportations-day-after-judge-blocks-using-alien-enemies-act/) Legal experts have [condemned](https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained) 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](https://densho.org/catalyst/the-alien-enemies-act-paved-the-way-for-japanese-american-incarceration-lets-keep-it-in-the-past/). As President Bill Clinton [wrote](https://www.pbs.org/childofcamp/history/clinton.html) 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](https://gaic.info/real-people/the-human-cost-of-civil-liberties-violations/) of former Alien Enemies Act internees and their families, to understand the [harms](https://njahs.org/confinementsites/japanese-peruvian-oral-history-excerpts/) and [pain](https://www.amazon.com/Una-Storia-Segreta-Evacuation-Internment/dp/1890771406) 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. ## Transcript Legal experts we've spoken to say that a constitutional crisis is unfolding when President Trump took office. Constitutional law experts noted that he was expanding the powers of the presidency beyond the limits set by the Constitution. For example, when he set out to fire federal workers and eliminate government agencies, he was stepping on the power of the purse that the Constitution gives to Congress. And in recent days, as he's moved forward with his deportation policy, he has ignored judicial orders to put a hold on deportation flights and other deportation actions. This played out on Saturday, when a federal judge told the Trump administration to turn around deportation flights that were heading to El Salvador. Trump administration appears to have ignored those orders, and now President Trump is calling for the impeachment of the judge who gave those orders. This drew a rare rebuke from the Supreme Court. Chief Justice John Roberts and John Roberts said very pointedly that impeachment is not a recourse for people who disagree with the judicial order, that there's an appeals process for that. This has set up a battle between President Trump, who takes an expansive view of things he can do as president, and the other two branches of government, the judicial branch, which so far has tried to rein in some of Trump's actions. And Congress, which is run by the Republicans and so far has not stood up to Trump stepping on its constitutional authority. ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/7268851/alien-enemies-act-should-be-repealed-essay/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/7268851/alien-enemies-act-should-be-repealed-essay/"},"headline":"Our Fathers Were Interned Under the Alien Enemies Act. 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