The  Act was last used to justify internment camps for people of Japanese, German and Italian descent during World War Two

Agencies WASHINGTON

President Donald Trump is set to test the limits of his immigration crackdown by invoking a wartime law to deport immigrants alleged to be gang members without court hearings, a broad authority that could supercharge his mass deportation push and potentially sweep in people not charged with crimes.

After taking office, Trump ordered military and immigration officials to be ready by February 3 to implement the 1798 Alien Enemies Act. It was last used to justify internment camps for people of Japanese, German and Italian descent during World War Two. The move - which would almost certainly face legal challenges - could allow him to bypass due process rights and rapidly remove migrants.

Trump, a Republican, stormed back into the White House promising to deport millions of immigrants staying in the US illegally. Trump issued a flurry of executive actions to redirect military resources to support the mass deportation effort and empowered US immigration officers to make more arrests. 

Ken Cuccinelli, a top Homeland Security official during Trump’s first term, expects the use of the Alien Enemies Act would face legal challenges but said the administration should try. The Alien Enemies Act could allow Trump to fast-track deportation deemed part of an "invasion or predatory incursion" – a novel use of a law previously only invoked in wartime. 

The White House said on January 20 that it was beginning a process to designate criminal cartels and gangs, including the Venezuelan gang Tren de Aragua, as terrorist organizations and to use the Alien Enemies Act to deport alleged gang members. On Saturday, Trump said Venezuela had agreed to accept all deportees, but provided few details.

The White House did not respond to a request for comment. Opponents argue the law cannot be used simply to step up immigration enforcement outside of an actual conflict.

“Desperate families coming to our border to seek refuge do not constitute an invasion by a foreign government within the meaning of the law,” said Lee Gelernt, a leading attorney with the American Civil Liberties Union (ACLU), which has put up legal challenges to many of Trump's previous moves.

Democratic lawmakers in the US  House and Senate reintroduced a Bill in January that would repeal the Alien Enemies Act, pointing to its use in the internment of Americans and arguing it violates civil and individual rights. "We cannot allow antiquated laws to continue enabling discriminatory practices that harm immigrant communities," Representative Ilhan Omar said in a statement related to the Bill.