Sponsors (10)
The bill removes an archaic wartime detention authority and strengthens civil liberties for noncitizens, but it creates transitional legal uncertainty and potential national-security gaps that Congress or the executive will need to address.
Immigrants who might be classified as 'alien enemies' would no longer face automatic detention or restrictions under these statutes, reducing the risk of government detention based solely on nationality.
Federal authorities would lose an outdated wartime detention authority, narrowing executive discretion and lowering the risk of misuse or constitutional challenge.
Individuals currently detained or restricted under these provisions could be left in legal limbo if no transitional rules are provided, delaying case resolution and complicating due process.
Repealing the statutes may create gaps in wartime authorities that Congress or the executive would need to replace, potentially slowing responses to national emergencies.
Ongoing federal actions (detentions, prosecutions, or agency procedures) that rely on these statutes could lose clear legal backing, creating uncertainty for detainees and federal personnel.
Based on analysis of 2 sections of legislative text.
Introduced January 22, 2025 by Mazie Hirono · Last progress January 22, 2025
Repeals the federal Alien Enemies Act (codified at 50 U.S.C. 21–24) and establishes a short title for the law. The repeal removes the longstanding statutory authority that allowed the government to apprehend, detain, or remove non-citizen nationals of a country at war with the United States. The measure does not appropriate funds, create new programs, or specify implementation details. It may shift how federal agencies handle wartime authorities over non-citizen nationals and could prompt legal and administrative changes or new legislation to address any gaps.