Alien and Sedition Acts

The Alien and Sedition Acts were a set of four laws enacted in 1798 that applied restrictions to immigration and speech in the United States.^[a] The Naturalization Act of 1798 increased the requirements to seek citizenship, the Alien Friends Act of 1798 allowed the president to imprison and deport non-citizens, the Alien Enemies Act of 1798 gave the president additional powers to detain non-citizens during times of war, and the Sedition Act of 1798 criminalized false and malicious statements about the federal government. The Alien Friends Act and the Sedition Act expired after a set number of years, and the Naturalization Act was repealed in 1802. The Alien Enemies Act, as amended, is still in effect as 50 U.S.C. ch. 3.

The Alien and Sedition Acts were passed by a Congress controlled by the Federalist Party, and they were directed against the other party at the time, against Democratic-Republicans, the party typically favored by new citizens. Only Democratic-Republican journalists were prosecuted by these laws. Publicity from Sedition Act trials caused massive criticism and contributed to the Federalists being removed from power in the 1800 election.^[1]

The Acts were supported by the Federalist Party, and supporters argued that the bills strengthened national security during the Quasi-War, an undeclared naval war with France from 1798 to 1800. The acts were denounced by Democratic-Republicans as suppression of voters and violation of free speech under the First Amendment. While they were in effect, the Alien and Sedition Acts, and the Sedition Act in particular, were used to suppress publishers affiliated with the Democratic-Republicans, and several publishers were arrested for criticism of the Adams administration. The Democratic-Republicans took power in 1800 because of backlash to the Alien and Sedition Acts, and all but the Alien Enemies Act were eliminated by the next Congress. The Alien Enemies Act has been invoked several times since, particularly during World War II by President Roosevelt. These laws were used to imprison over tens of thousands of noncitizens of German, Italian, and Japanese descent, all known as "Enemy Aliens." ^[2]

The Alien and Sedition Acts are generally received negatively by modern historians. The U.S. Supreme Court beginning in the mid-20th century has indicated that aspects of the laws would likely be found unconstitutional. Recently, the Alien Enemies Act was mentioned by President-elect Donald Trump during a campaign rally held at Madison Square Garden for the 2024 presidential election, claiming that he would use them to remove illegal immigrants operating within gangs and criminal networks on "day one" if he were to win the presidency by invoking the acts.^[3][4][5] After being sworn in as President on January 20, 2025, he mentioned it again during his inaugural address.

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