Omar Bennett
The Alien Friends Act of 1798, also known as An Act Concerning Aliens, was passed as part of the Alien and Sedition Acts during a time of anticipated war with France. The Act authorized the president to deport any foreigner deemed dangerous to the peace and safety of the United States. While the Act was never directly enforced, it led to the voluntary departure of many French nationals who feared prosecution under it. The constitutionality of the Act was questioned, as it restricted free speech in the name of national security. The Alien Friends Act was authorized for two years and then expired, never being directly enforced. However, it played a significant role in shaping the country's approach to immigration and national security during a time of heightened tensions with France.
| Characteristics | Values |
|---|---|
| Name | Alien Friends Act |
| Year | 1798 |
| Authorization | Empowered the president to deport any non-citizen suspected of "treasonable or secret machinations against the government" |
| Constitutionality | Widely criticized as unconstitutional |
| Sunset clause | Expired in 1801 |
| Enforcement | Never directly enforced |
| Self-deportation | Led to the voluntary departure of foreigners who feared being charged under the act |
| Opposition | Democratic-Republicans opposed the law |
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What You'll Learn
The Alien Friends Act's constitutionality
The Alien Friends Act, officially known as "'An Act Concerning Aliens'", was enacted on July 6, 1798, as part of the Alien and Sedition Acts. This act authorized the president to deport any foreigner deemed "dangerous to the peace and safety of the United States." It also allowed the president to set a reasonable timeframe for the departure of such individuals, with the consequence of up to three years in prison if they remained beyond that deadline.
The constitutionality of the Alien Friends Act is a subject of debate. On the one hand, it was enacted during a time of heightened tensions with France, as the United States sought to avoid being drawn into a conflict between England and France. The Act was intended to address concerns about domestic political subversion and national security.
However, the Act itself was never directly enforced, although it did result in the voluntary departure of some foreigners who feared prosecution under its provisions. Critics, including Thomas Jefferson, denounced the Act as "a most detestable thing... worthy of the 8th or 9th century."
The Alien Friends Act was part of a broader set of laws known as the Alien and Sedition Acts, which also included the Alien Enemies Act and the Sedition Act. The Sedition Act, in particular, raised significant constitutional concerns by restricting freedom of speech and targeting criticism of the government. The controversy surrounding these Acts contributed to the defeat of the Federalists in the election of 1800, and most of the provisions were allowed to expire or were repealed.
In summary, while the Alien Friends Act was enacted with national security concerns in mind, its constitutionality is questionable, particularly due to its potential infringement on freedom of speech and its targeting of foreigners. The Act's lack of direct enforcement and the voluntary departure of some foreigners further complicate its constitutionality. The broader implications of the Alien and Sedition Acts on free speech and political dissent played a significant role in shaping the early political landscape of the United States.
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The Act's enforcement
The Alien Friends Act of 1798, officially ""An Act Concerning Aliens", authorized the president to deport any foreigner that was deemed to be "dangerous to the peace and safety of the United States". The Act empowered the president to set a reasonable time frame for the departure of these foreigners, and remaining in the country past this deadline could result in up to three years of imprisonment.
Although the Act was never directly enforced, it was often used in conjunction with the Sedition Act to suppress criticism of the Adams administration. The Act was authorized for two years and was not renewed after this sunset period.
The Adams administration encouraged the departure of French nationals, who were considered for deportation but ultimately allowed to leave willingly. Many French nationals chose to self-deport and return to France or other countries, as the country's atmosphere became increasingly inhospitable. Secretary of State Timothy Pickering was responsible for overseeing the enforcement of the Alien Friends Act.
The Alien Enemies Act of 1798 was passed to supplement the Alien Friends Act, granting the government additional powers to regulate the activity of foreigners in times of war or invasion. The Act allows the president to detain or deport the natives and citizens of an "enemy" nation. The president may invoke the Act in times of "declared war" or when a foreign government threatens or undertakes an "invasion" or "predatory incursion" against U.S. territory.
The Alien Enemies Act has been invoked three times in history, during the War of 1812 and the First and Second World Wars. In the World Wars, the Act provided the legal basis for the detention, expulsion, and restriction of German, Austro-Hungarian, Japanese, and Italian immigrants based solely on their ancestry.
In 2025, President Trump invoked the Alien Enemies Act in response to what he termed an "invasion" by the Venezuelan criminal gang, Tren de Aragua. Trump authorized the deportation of suspected Venezuelan gang members to El Salvador, but this was temporarily blocked by a U.S. District Court Judge. The U.S. Supreme Court later vacated the restraining order, holding that the plaintiffs must bring the lawsuit in Texas, where they were being held.
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The Act's use alongside the Sedition Act
The Alien and Sedition Acts of 1798 were a set of four United States statutes that sought to restrict immigration and limit freedom of speech on national security grounds. The Alien Friends Act, officially "An Act Concerning Aliens", was one of these four acts. It authorized the president to deport any foreigner that was deemed to be "dangerous to the peace and safety of the United States". The law was never directly enforced, but it was used alongside the Sedition Act to suppress criticism of the Adams administration.
The Sedition Act, which was also part of the Alien and Sedition Acts, authorized the punishment of any person authoring or printing "false, scandalous and malicious writing" against the Congress or the president. The prosecution of journalists under the Sedition Act rallied public support for the opposition Democratic-Republicans and contributed to their success in the elections of 1800. The Alien and Sedition Acts were passed in preparation for an anticipated war with France, and they tightened restrictions on foreign-born Americans.
The Sedition Act was used to prosecute journalists who were critical of President John Adams and his Federalist administration. One such case was the publication in the Philadelphia Aurora of the French foreign minister Talleyrand's account of what became known as the XYZ Affair. Benjamin Franklin Bache, the publisher, was charged with seditious libel but died before his trial. This incident initiated the first attempted prosecution under the Sedition Act.
The Alien Friends Act was also used to target French nationals, many of whom left America willingly rather than face deportation. These figures included the philosopher Constantin François de Chassebœuf, the diplomat Victor Marie du Pont, and the journalist John Daly Burk, who went into hiding in Virginia until the act's expiration.
In summary, the Alien Friends Act and the Sedition Act were both used to suppress criticism of the Adams administration and to target individuals deemed dangerous to the peace and safety of the United States, particularly in anticipation of a potential war with France. The Sedition Act was more widely enforced, contributing to a shift in public sentiment that ultimately led to the success of the opposition Democratic-Republicans in the elections of 1800.
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The Act's impact on free speech
The Alien Friends Act of 1798, officially "An Act Concerning Aliens", was one of four statutes that made up the Alien and Sedition Acts. The Act gave the president the power to deport any foreigner deemed "dangerous to the peace and safety of the United States". While the Act was never directly enforced, it was used alongside the Sedition Act to stifle criticism of the Adams administration.
The Alien Friends Act was part of a broader effort to restrict immigration and limit First Amendment protections for freedom of speech. The Acts were passed in anticipation of a war with France, and they tightened restrictions on foreign-born Americans. The Federalist Party, which controlled Congress at the time, believed that criticism of their policies by the Democratic-Republicans was disloyal and feared that non-citizens living in the US would side with the French during the war.
The Sedition Act made it a crime for citizens to "print, utter, or publish...any false, scandalous, and malicious writing" about the US government. This led to the prosecution of several Republican newspaper editors and journalists, including James Callender and Benjamin Franklin Bache. The Act also contributed to the success of the Democratic-Republicans in the 1800 elections, as the public rallied against the suppression of free speech.
The Alien Friends Act and the Sedition Act were opposed by the Democratic-Republicans, who argued that they violated the First Amendment right to free speech. Thomas Jefferson, in his 1800 presidential bid, asserted the right of the states to nullify the Acts as unconstitutional. The Acts were either repealed or allowed to expire after the 1800 elections.
The Alien Friends Act's impact on free speech was significant, as it contributed to an atmosphere of fear and self-censorship. While the Act itself did not directly target speech, it was used in conjunction with the Sedition Act to suppress criticism and dissent. The Acts limited the ability of journalists and citizens to freely express their opinions, particularly those critical of the government, and set a precedent for using national security concerns to justify restrictions on free speech.
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The Act's legacy
The Alien Friends Act of 1798, officially known as "An Act Concerning Aliens", was never directly enforced. However, it resulted in the voluntary departure of foreigners who feared prosecution under the Act. The Adams administration encouraged these departures, and Secretary of State Timothy Pickering facilitated their passage. The Act empowered the President to deport any foreigner deemed "dangerous to the peace and safety of the United States" or suspected of conspiring against the government. While it was not directly enforced, the Act was often used alongside the Sedition Act to suppress criticism of the Adams administration.
The Alien Friends Act was passed in anticipation of a potential war with France, as a means to restrict immigration and limit freedom of speech. It was part of a set of four acts known collectively as the Alien and Sedition Acts, which included the Alien Enemies Act, the Sedition Act, and the Naturalization Act. The Federalist Party of President John Adams supported the Acts, while the Democratic-Republicans opposed them. The Sedition Act, in particular, led to the prosecution of journalists, rallying support for the Democratic-Republicans and contributing to their success in the 1800 elections.
After 1800, only the Alien Enemies Act remained in force, and it was invoked three times during declared wars: the War of 1812, World War I, and World War II. This Act granted the President powers to detain and deport foreigners during wartime or in the face of a threatened invasion. The Alien Enemies Act has also been invoked more recently, in 2025, by President Donald Trump, to authorize the deportation of suspected Venezuelan gang members.
The legacy of the Alien Friends Act and the broader Alien and Sedition Acts is complex. On one hand, they represent a historical effort to restrict immigration and limit freedom of speech under the guise of national security. The Acts were used to target specific groups, particularly French nationals, and contributed to a climate of political repression and divisiveness. On the other hand, the Acts also set a precedent for addressing national security concerns and regulating the activities of foreigners during wartime. The Alien Enemies Act, in particular, continues to be a source of legal authority for presidential actions related to immigration and deportation during times of conflict.
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Frequently asked questions
The Alien Friends Act, officially "An Act Concerning Aliens", was one of four acts that comprised the Alien and Sedition Acts. The Act empowered the president to deport any foreigner that was considered "dangerous to the peace and safety of the United States".
The Act was never directly enforced, but it was used alongside the Sedition Act to suppress criticism of the Adams administration. The law resulted in the voluntary departure of foreigners who feared being charged under the Act.
The Alien Friends Act was passed in anticipation of a war with France. The Federalists, who controlled Congress, believed that Democratic-Republican criticism of Federalist policies was disloyal and feared that non-citizens living in the United States would sympathize with the French during a war.
The Alien Friends Act was authorized for two years and was not renewed. It was opposed by the Democratic-Republicans, with Thomas Jefferson referring to it as "a most detestable thing... worthy of the 8th or 9th century."
