Trump to Rely on Historic Laws for His First-Year Agenda, Despite Legal Challenges

President-elect Donald Trump is preparing to invoke several centuries-old laws to implement key parts of his first-year agenda, focusing primarily on immigration policy and birthright citizenship. Trump plans to leverage laws with deep historical roots, dating back to the late 18th century, in an attempt to fulfill his campaign promises. However, his use of these laws could lead to significant legal challenges, potentially reaching the Supreme Court.

One of the laws Trump intends to use is the Alien Enemies Act of 1798, a controversial statute dating back to the Adams administration. This law allows the federal government to expedite the deportation of citizens from “hostile nations” in times of war or national emergency. Trump has suggested that he may use the law to target undocumented migrants, describing their arrival as an “invasion” and asserting that such powers are necessary to confront this “enemy from within.”

Although the law was last used during World War II to imprison Japanese nationals, legal experts warn that invoking it during peacetime would be a significant legal overreach. Katherine Yon Ebright, a counsel with the Brennan Center’s Liberty and National Security Program, argues that the law’s historical use in wartime makes its application outside of such a context highly questionable. Despite this, Trump’s strategy appears to be rooted in a belief that older, stronger laws could be his ticket to success.

In addition to the Alien Enemies Act, Trump has also expressed interest in enforcing the 1873 Comstock Act, which bans the mailing of “lewd” or “indecent” materials. Some of his allies, including Vice President-elect JD Vance, have suggested that this law could be used to block the mailing of abortion medication. Although Trump has signaled that he would not prioritize the enforcement of the law regarding abortion drugs, pressure from anti-abortion advocates may push his administration to take action on this issue.

Trump’s stance on using military forces for domestic purposes also echoes past legal theories, such as the Insurrection Act of 1807. The act gives the president broad authority to deploy the military in domestic situations, including for immigration enforcement. Though the act has been used sparingly throughout history, including by President George H.W. Bush during the 1992 Los Angeles riots, its potential invocation could face legal scrutiny due to the general prohibition on using the military for civilian law enforcement.

Finally, Trump remains focused on challenging birthright citizenship, a principle enshrined in the 14th Amendment. Legal experts believe that any attempt to restrict birthright citizenship would be met with strong opposition in the courts, as the Supreme Court has consistently upheld the right of those born on U.S. soil to citizenship.

As Trump prepares to push forward with these historic legal challenges, the Supreme Court may soon be called upon to weigh in on the constitutionality of his ambitious agenda.