PolicyBrief
S. 193
119th CongressJan 22nd 2025
Neighbors Not Enemies Act
IN COMMITTEE

This bill, titled the "Neighbors Not Enemies Act", repeals the Alien Enemies Act, which granted the president power to detain or remove citizens of hostile nations during times of war or declared national emergency.

Mazie Hirono
D

Mazie Hirono

Senator

HI

LEGISLATION

Neighbors Not Enemies Act: Alien Enemies Act Repealed

The Neighbors Not Enemies Act fully repeals the Alien Enemies Act (AEA) —sections 4067 through 4070 of the Revised Statutes of the United States. This effectively removes the government's authority, established under the AEA, to detain and deport non-citizens from countries at war with the U.S., or during a presidentially-declared national emergency.

End of an Era

The core change is straightforward: the legal basis for the AEA is gone. This means that the government can no longer use this specific law to apprehend, restrain, secure, or remove individuals based solely on their citizenship from a nation deemed an "enemy." To be clear, this doesn't prevent actions based on individual conduct—it removes the blanket authority tied to national origin during conflicts or emergencies.

Real-World Impacts

Imagine a software engineer from a country suddenly in conflict with the U.S., or a small business owner whose home nation is labeled a threat during a declared emergency. Under the old AEA, these individuals—regardless of their personal actions or loyalty—could have faced detention and deportation. This repeal removes that sweeping power. Think of it like this: the government can still go after someone breaking the law, but they can't just round people up based on where they come from.

Challenges and Looking Ahead

While the AEA is now repealed, it's crucial to remember this doesn't change other immigration laws or national security protocols. The government retains numerous other powers to address individual threats. The shift here is about removing a tool that could be applied broadly based on nationality, rather than specific actions. The long-term effect? A move towards ensuring that legal actions are tied to individual behavior, not blanket classifications based on where someone was born.