Neighbors Not Enemies Act Repeals 1798 Law Allowing Mass Detention of Non-Citizens During War

The Neighbors Not Enemies Act is a straightforward, one-page bill with a massive goal: it completely repeals the Alien Enemies Act of 1798. For those who aren't history buffs, that 225-year-old law currently gives the President the authority to bypass standard legal procedures to 'apprehend, restrain, secure, and remove' any non-citizen aged 14 or older if their home country is at war with the United States or threatens an invasion. By striking Sections 4067 through 4070 of the Revised Statutes, this bill would permanently strip the executive branch of the power to target individuals for detention or deportation based solely on their nationality during times of conflict.

Retiring a Wartime Relic

This isn't just about cleaning up old paperwork in D.C. The law targeted for repeal is the same authority famously used to justify the internment of Japanese, German, and Italian nationals during World War II. Under the current text of the Alien Enemies Act, if a conflict were to be declared today, a green-card holder working at a local tech firm or a student studying at a state university could theoretically be detained simply because of the passport they hold. The Neighbors Not Enemies Act effectively closes this loophole, ensuring that modern due process applies even when international tensions are high.

Real-World Stakes for Communities

For the average person, this bill acts as a legal firewall. Imagine a small business owner who immigrated from a country that suddenly enters a diplomatic crisis with the U.S.; under the old law, their legal status in the community could be revoked instantly by presidential decree. By repealing this act, the bill ensures that the government must follow standard immigration and criminal laws rather than relying on a summary power from the 18th century. It shifts the focus from where a person was born to how they actually behave, protecting neighbors and coworkers from being swept up in broad, nationality-based enforcement actions.

Strengthening Due Process

The repeal addresses a significant gap in modern civil liberties. While most current laws require the government to prove an individual is a threat before taking action, the Alien Enemies Act allows for detention based on 'threatened' incursions—a term that is notoriously vague. By removing this statute, the bill forces the federal government to rely on more recent, specific national security and immigration laws that involve judicial oversight. This change means that in future crises, the legal system would treat residents as individuals with rights rather than as 'subjects' of a hostile power, preventing the kind of mass, systemic targeting seen in past centuries.