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Repeals the Alien Enemies Act (codified at 50 U.S.C. 21–24) by removing the underlying Revised Statutes provisions. In practice, this eliminates that centuries‑old statutory authority that authorized special wartime treatment of noncitizens designated as "alien enemies," including detention and seizure powers tied to declared wars. The text is a single directive to repeal those statutory sections; it does not add replacement authorities, amendments, or transitional language. The immediate legal effect is removal of the named statutory provisions, though other federal laws and authorities (immigration law, criminal law, military authorities, and national security statutes) would remain in force and could be used instead of or alongside any remaining authorities.
Repeals Sections 4067 through 4070 of the Revised Statutes of the United States (the Alien Enemies Act), thereby removing 50 U.S.C. 21–24 from the Revised Statutes.
Who is affected and how:
Noncitizens / Aliens: Directly affected because the statute specifically addressed special measures for "alien enemies." Repeal removes that particular statutory authority; in practical terms, federal actors would need to rely on other statutes or constitutional authority for detention, removal, or property actions involving noncitizens during declared hostilities.
Immigration and adjudication system (immigration judges, DHS/EOIR operations): May see changes in legal arguments and case postures where the Alien Enemies Act had been invoked or cited. Repeal could reduce a statutory route for executive action in favor of relying on existing immigration detention and removal statutes.
Federal law enforcement and national security agencies (DHS, DOJ, DOD): Agencies that historically considered the statute as part of their toolkit must reassess legal authority for measures in wartime contexts; they may shift reliance to other statutory authorities or to constitutional/presidential powers. This could require legal reviews, internal guidance, and possible rulemaking or policy updates.
Individuals and families of noncitizens: Repeal may increase legal protections by removing an old statutory basis for specific wartime measures, but practical protections will depend on how agencies and courts apply other laws.
Courts and legal system: Potential for litigation to clarify the interplay of the repeal with constitutional powers and other statutes; courts may be asked to interpret whether and how the repeal alters permissible executive actions in armed conflict.
Net effect: The bill is narrowly focused—eliminating a specific statutory authority—but has broader legal and policy implications because it touches core questions about how wartime powers over foreign nationals are authorized and constrained. The immediate administrative effect is modest (removal of text), but the legal and operational consequences depend on how other statutes and constitutional authority are applied going forward.
Repeals 50 U.S.C. §21 (formerly Rev. Stat. §4067), which authorized apprehension, restraint, securing, and removal of alien enemies and granted the President authority to regulate their treatment during declared war or hostile incursions.
Repeals 50 U.S.C. §22 (formerly Rev. Stat. §4068).
Repeals 50 U.S.C. §23 (formerly Rev. Stat. §4069).
Repeals 50 U.S.C. §24 (formerly Rev. Stat. §4070).
Expand sections to see detailed analysis
Read twice and referred to the Committee on the Judiciary.
Introduced January 22, 2025 by Mazie Hirono · Last progress January 22, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate