1798 Called—and Trump Answered: How the Alien Enemies Act Is Being Used to Disappear Kilmar Abrego Garcia episode artwork

EPISODE · Apr 14, 2025 · 2 MIN

1798 Called—and Trump Answered: How the Alien Enemies Act Is Being Used to Disappear Kilmar Abrego Garcia

from Yo, Miss! Podcast · host Sari Beth Rosenberg

In a unanimous ruling, the U.S. Supreme Court ordered the Trump administration to help return Kilmar Abrego Garcia, a Maryland resident who was wrongly deported to El Salvador under the Alien Enemies Act—despite having no criminal record. The Court made it clear: the government cannot just disappear people and ignore due process. Justice Sotomayor warned that the administration’s logic could justify detaining anyone, even U.S. citizens, without legal consequence—as long as it’s done before the courts intervene. But here’s the kicker: Trump’s DOJ is ignoring the ruling, claiming it’s not their job to secure Kilmar’s return. And El Salvador’s president? He’s refusing to release him from a mega-prison notorious for abuse.That’s why I made this video—to explain the history behind the headlines. The Alien Enemies Act was passed in 1798, during a wave of fear that immigrants—especially from France after the 1797 XYZ Affair and the resulting Quasi-War—could turn against the U.S. It gave the president sweeping power to detain or deport foreign nationals during wartime, no trial necessary. And it’s been used before: War of 1812 (British nationals), WWI & WWII (German, Japanese, Italian immigrants), and cited after 9/11 to justify detaining Muslim and Arab immigrants.Now it’s being reactivated in 2025. This isn’t just history repeating—it’s history being manipulated and weaponized.I highly recommend reading Adam Serwer’s latest, “The Constitutional Crisis is Here” in The Atlantic. Get full access to Yo, Miss! at saribethrosenberg.substack.com/subscribe

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1798 Called—and Trump Answered: How the Alien Enemies Act Is Being Used to Disappear Kilmar Abrego Garcia

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