Neighbors Not Enemies Act
- Sponsor
- Sen. Hirono, Mazie K. [D-HI]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 22, 2025
Bottom line
This bill seeks to eliminate a centuries-old law that grants the President broad powers to detain or deport non-citizens solely based on their nationality during wartime, aiming to prevent potential abuses of executive power and uphold civil liberties.
What it actually does
The Neighbors Not Enemies Act proposes to repeal Sections 4067 through 4070 of the Revised Statutes of the United States (50 U.S.C. 21-24), commonly known as the Alien Enemies Act. This repeal would eliminate the President's statutory authority to apprehend, restrain, secure, and remove non-citizens from countries with which the U.S. is at war, solely based on their nationality.
Proponents argue
Supporters argue the Alien Enemies Act is an outdated, xenophobic law that grants excessive and dangerous power to the executive branch, enabling discrimination and human rights abuses against non-citizens during times of conflict. They contend its repeal is crucial for protecting civil liberties, preventing historical injustices from recurring, and aligning U.S. law with modern human rights standards, ensuring due process for all individuals.
Opponents contend
Those who might argue against repeal could contend that the Alien Enemies Act, while rarely invoked, provides a necessary emergency tool for national security during declared wars. They might argue that it allows the President to address potential threats posed by individuals from hostile nations, and that its repeal could compromise the government's ability to protect the nation in extreme circumstances, especially concerning espionage or sabotage.
The bill text is extremely short and straightforward, requiring less than a minute to read, making it highly accessible for public review and evaluation.
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, authorize the President to apprehend, detain, and deport non-citizens (referred to as 'alien enemies') who are natives, citizens, denizens, or subjects of a country with which the United States is at war. The repeal removes this specific executive power.
Supporters argue
Supporters argue that repealing this act is a vital step to prevent the recurrence of historical injustices, such as the internment of Japanese Americans during WWII, and to uphold fundamental civil liberties for all individuals residing in the U.S., regardless of their nationality during wartime. They believe it removes a dangerous tool for xenophobia and discrimination.
Critics contend
Those who might oppose repeal would argue that the act, while rarely used, serves as a critical emergency power for the President to safeguard national security during declared wars. They might contend that it allows for the swift removal or control of individuals who might pose a threat due to their allegiance to an enemy state, and its existence acts as a deterrent.
Tradeoffs
This provision navigates the tension between national security interests during wartime and the protection of civil liberties for non-citizens. It prioritizes individual rights and due process over broad executive discretion in times of conflict, potentially limiting a tool for rapid response in favor of greater legal protections.