Shit’s getting way beyond weird now. We’re moving into deeply scary fascist lunacy. Yesterday Trump posted this:

I will invoke the Alien Enemies Act of 1798 to target and dismantle every migrant criminal network operating on American soil.

Okay, we can be confident Trump himself is completely ignorant of the Alien Enemies Act of 1798. But some of his Nazgûl advisors are as clever as they are hateful, and they’ve latched onto an ugly 226-year-old chunk of legislation. The Act in question was one of a set of four laws dealing with immigration and speech enacted in response to an undeclared war with the French First Republic (after the fledgling United States decided to stiff France for loans they’d accepted during the American Revolution).

Three of those laws–the Naturalization Act (dealing with the requirements for citizenship), the Alien Friends Act (allowing the imprisonment and deportation of non-citizens), and the Sedition Act (criminalizing false and malicious statements about the government)–are no longer in effect. They were either repealed or allowed to lapse. But the Alien Enemies Act is still, weirdly, in effect. It’s now Chapter 3 under Title 50 of the U.S. Code. It states:

[A]ll natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies.

It was used against the French in that undeclared war in 1798, against the British in the War of 1812, and against Japanese-Americans after the attack on Pearl Harbor at the beginning of World War 2 (and to a much lesser extent, against Germans and Italians after the US entered the war). Don’t ever forget that 82 years ago the US forcibly rounded up approximately 120,000 men, women, and children of Japanese descent, and detained them without trial for around three years.

Could it happen again? Yep. If Trump should win/steal the election and invoke the Alien Enemies Act, it absolutely could happen again. Obviously, the act would be appealed to SCOTUS. Although none of the Acts of 1798 were subjected to judicial review (Marbury v. Madison, which confirmed the concept of judicial review, wasn’t decided until 1803), the few SCOTUS references to the Alien and Sedition Acts have suggested the Court would consider them unconstitutional. But that was before the current Trump Court, which is so far up Trump’s ass that they granted him wide immunity for ‘official’ actions. It’s very possible this Court would allow it.

Remember this: the Act refers to people “not actually naturalized.” To be eligible to begin the naturalization process, you have to have been a permanent resident in the US for at least five years (three years if you are married to a U.S. citizen). Once the process has begun, it still takes around another six months or so to become a citizen. That means people who’ve been living legally in the US for five and a half years could still be detained, confined without trial, and deported by Trump.

This is fucking terrifying on so many levels. Trump back in power, with a cooperative SCOTUS and aides who are dedicated fascists, will do unimaginable damage, not just to the US and representative democracy, but to the entire world.