Neighbors Not Enemies Act
- Sponsor
- Rep. Omar, Ilhan [D-MN-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 22, 2025
Bottom line
This bill seeks to revoke the President's long-standing authority to detain or deport non-citizens solely based on their nationality during declared hostilities, aiming to prevent perceived abuses of power and uphold civil liberties.
What it actually does
The "Neighbors Not Enemies Act" proposes to repeal the Alien Enemies Act (50 U.S.C. 21-24), a statute dating back to 1798. This repeal would eliminate the President's authority to apprehend, restrain, secure, and remove non-citizens from countries with which the United States is at war, based solely on their nationality.
Proponents argue
Proponents argue that the Alien Enemies Act is an outdated and discriminatory law that has historically been used to target specific ethnic or national groups during wartime, violating fundamental human rights and civil liberties. They contend that its repeal is necessary to prevent future abuses, align U.S. law with modern human rights standards, and ensure that non-citizens are not unjustly persecuted based on their country of origin during times of conflict.
Opponents contend
Opponents, or those who might argue against repeal, would likely contend that the Alien Enemies Act provides a crucial tool for presidential authority to protect national security during times of war, allowing for the swift removal or control of individuals who may pose a threat. They might argue that repealing it could weaken the President's ability to respond effectively to wartime exigencies and could potentially endanger national security by limiting executive power to manage enemy aliens within U.S. borders.
The bill text is extremely short and straightforward, making it highly accessible for any reader to understand its direct legislative action.
Section 2
Repeal of Alien Enemies Act
This section explicitly repeals Sections 4067 through 4070 of the Revised Statutes of the United States, codified at 50 U.S.C. 21-24. These statutes, collectively known as the Alien Enemies Act, grant the President the power to apprehend, restrain, secure, and remove non-citizens who are natives, citizens, denizens, or subjects of a country with which the United States is at war. The repeal would eliminate this executive authority.
Supporters argue
Supporters argue that repealing this act is a vital step towards protecting civil liberties and preventing discriminatory practices. They highlight historical abuses, such as the internment of Japanese Americans during WWII, as evidence of the act's potential for harm. They contend that modern legal frameworks and international human rights standards render such broad, nationality-based powers obsolete and dangerous.
Critics contend
Critics of the repeal, or those who support the existing act, would argue that this authority is a necessary component of national security during wartime. They might assert that in times of existential threat, the President needs all available tools to protect the nation from potential internal threats posed by individuals whose loyalties may lie with an enemy state. They would argue that the act provides a legal basis for actions that might be critical in extreme circumstances.
Tradeoffs
The bill navigates the tension between national security powers during wartime and the protection of civil liberties for non-citizens. It forces a choice between maintaining a broad executive authority that could be used to manage perceived internal threats during conflict, and ensuring that individuals are not targeted or deprived of rights based solely on their nationality.