S.193 - Neighbors Not Enemies Act (119th Congress)
Summary
The "Neighbors Not Enemies Act" (S.193) aims to repeal the Alien Enemies Act, specifically sections 4067 through 4070 of the Revised Statutes of the United States (50 U.S.C. 21-24). This act grants the President broad powers during times of war or declared national emergency to apprehend, restrain, secure, and remove alien enemies. The bill was introduced in the Senate on January 22, 2025, and referred to the Committee on the Judiciary.
Expected Effects
If enacted, the Neighbors Not Enemies Act would eliminate the President's authority to detain or remove individuals solely based on their nationality during wartime or national emergencies. This would likely lead to increased scrutiny and potential legal challenges should the government attempt to detain individuals based on national origin during such times. It could also necessitate reliance on other existing laws and procedures for dealing with potential security threats.
Potential Benefits
- Protects Civil Liberties: Prevents potential abuses of power targeting individuals based solely on their nationality.
- Reduces Discrimination: Eliminates a law that could be used to unfairly target specific ethnic or national groups.
- Promotes Due Process: Ensures that all individuals, regardless of nationality, are subject to the same legal standards and protections.
- Enhances International Image: Demonstrates a commitment to human rights and fair treatment of all people, improving the nation's standing in the international community.
- Reduces Fear and Uncertainty: Alleviates concerns within immigrant communities about potential arbitrary detention or deportation.
Potential Disadvantages
- Potential Security Risks: May limit the government's ability to quickly respond to potential threats posed by individuals from enemy nations during wartime.
- Increased Burden on Law Enforcement: Could require more extensive investigations and evidence gathering to detain individuals who might otherwise be subject to the Alien Enemies Act.
- Legal Challenges: Could lead to legal challenges from those who believe the government is not doing enough to protect national security.
- Public Perception: May be perceived by some as weakening national security measures, potentially leading to public anxiety.
- Unintended Consequences: The repeal could have unforeseen consequences in future national emergencies or conflicts.
Most Disadvantaged Areas:
Constitutional Alignment
The proposed repeal aligns with constitutional principles related to due process and equal protection under the law, as it seeks to eliminate a law that could disproportionately affect individuals based on their national origin. The Fifth Amendment guarantees due process, and the repeal could be seen as reinforcing this protection for non-citizens. However, Article I, Section 8, which grants Congress the power to "declare War" and "make Rules concerning Captures on Land and Water," could be interpreted as providing a basis for the Alien Enemies Act. The constitutionality of the original act has been debated, and this repeal could be seen as an attempt to bring the law more in line with contemporary understandings of constitutional rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).