ALIEN ENEMY
In INTERNATIONAL LAW, a foreign born citizen or
subject of a nation or power that is hostile to the
United States.
An alien enemy is an individual who, due to
permanent or temporary allegiance to a hostile
power, is regarded as an enemy in wartime.
Under federal law, an alien enemy is a native, cit-
izen, or subject of a foreign nation, state, or sov-
ereign with which the United States is at war.
Such a person is considered an alien enemy as
long as the United States remains at war as
determined through proclamation by the presi-
dent or resolution by Congress. 8 C.F.R. § 331.1
(2002). During times of declared war, Congress
has permitted the president to order the appre-
hension, restraint, and deportation of alien ene-
mies. 50 U.S.C.A. § 21 (2003).
The term alien enemy, as it is defined by fed-
eral law, does apply easily to individuals who
belong to organizations that are not affiliated
with a foreign sovereign. Nevertheless, the treat-
ment of such ALIENS mirrors treatment permit-
ted by federal law for aliens who are citizens of
foreign nations. In the wake of the SEPTEMBER
11TH ATTACKS, Congress passed the Authoriza-
tion for the Use of Military Force Joint Resolu-
tion, Pub. L. No. 107-40, 115 Stat. 224,
permitting the president to use force to detain
and try non-citizens in the WAR ON TERRORISM.
On November 13, 2001, President GEORGE W.
BUSH issued a military order [66 Fed. Reg.
57,831–57,836 (2001)] setting forth the mili-FURTHER READINGSGreen, Leslie C. 1999. Essays on the Modern Law of War. 2ded. Ardsley, N.Y.: Transnationals.Fehlings, Gregory. 2002. “Storm on the Constitution: TheFirst Deportation Law.” Tulsa Journal of Comparativeand International Law 63.Levie, Howard S. 1993. Terrorism in War: The Law of WarCrimes. Dobbs Ferry, N.Y.: Oceana.Schmidt,Michael N., and Leslie C. Green. 1997. Levie on theLaw of War. Newport, R.I.: Naval War College.
tary’s policy for the treatment of non-citizens in
the war against TERRORISM. The order applies to
individuals who are or were members of the ter-
rorist organization al Qaeda; have engaged in,
aided or abetted, or conspired to commit acts of
international terrorism; or has harbored such a
non-citizen.
FURTHER READINGS
Green, Leslie C. 1999. Essays on the Modern Law of War. 2d
ed. Ardsley, N.Y.: Transnationals.
Fehlings, Gregory. 2002. “Storm on the Constitution: The
First Deportation Law.” Tulsa Journal of Comparative
and International Law 63.
Levie, Howard S. 1993. Terrorism in War: The Law of War
Crimes. Dobbs Ferry, N.Y.: Oceana.
Schmidt,Michael N., and Leslie C. Green. 1997. Levie on the
Law of War. Newport, R.I.: Naval War College.
During World War II, the U.S. government moved thousands of Japanese Americans to detention camps because it considered them alien enemies while the country was at war with Japan.
