U.S. Department of Justice (DOJ)

Rescind 8 C.F.R. § 215.2 and any other regulatory provisions that rely on 8 U.S.C. §§ 21–24 (Alien Enemies Act)

—OPTIONAL--

Notice of Proposed Rulemaking

8 C.F.R. § 215.2 – Suspension of departure of certain aliens

Rescind executive authority under 8 U.S.C. § 21–24 (Alien Enemies Act) enabling indefinite detention or surveillance of non-citizens based solely on nationality during declared hostilities. This provision violates modern principles of due process and equal protection, and its continued existence threatens constitutional integrity and civil liberties.

U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Andrew Braniff, Senior Counsel to the Assistant Attorney General, Civil Rights Division, Department of Justice, (202) 514-3831, EMP.Lit@crt.usdoj.gov.

Originally passed in 1798 as part of the Alien and Sedition Acts, the Alien Enemies Act has been used during wartime to enable the arrest, internment, and removal of non-citizens from countries deemed hostile—even in the absence of individualized suspicion or criminal conduct. While other Alien and Sedition statutes have been repealed, this one remains, enshrining collective punishment into U.S. law. It was notably used to justify the internment of Japanese Americans during WWII, a practice now widely acknowledged as unjust.

The Alien Enemies Act facilitates collective punishment by nationality. Regulatory rescission of its implementing provisions aligns federal enforcement with due process, protects civil liberties, and prevents abuse of power in future conflicts.

8 C.F.R. § 215.2 and related provisions authorizing action under the Alien Enemies Act shall be repealed. No regulation may authorize detention, surveillance, or movement restrictions based solely on citizenship or presumed allegiance in the absence of individualized due process.

Pam Bondi

Attorney General, US Department of Justice