enemy alien

An "enemy alien" is a foreigner residing in a country with which their home country is at war. Historically, aliens were often viewed with suspicion and treated as enemies or outlaws. However, legal and ethical developments have aimed to ensure a minimum standard of civilized treatment for aliens.12

In U.S. law, the concept of enemy aliens has been addressed in significant court cases. The Supreme Court case Johnson v. Eisentrager (1950) initially ruled that nonresident enemy aliens did not have the right to petition U.S. courts for writs of habeas corpus. This ruling was later reexamined and, in 2004, the Supreme Court held that U.S. courts can respond to such petitions from nonresident enemy aliens.3

Historically, measures like the Alien and Sedition Acts of 1798 were passed to restrict aliens and curb perceived press excesses, particularly in anticipation of conflict with France. These acts included provisions for detaining subjects of enemy nations and expelling aliens deemed dangerous. While some of these acts expired or were repealed, the Alien Enemies Act remains in effect.4