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San Francisco Supervisors unanimously condemn use of Alien Enemies Act, urge congressional repeal

3409898 · May 20, 2025
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Summary

The Board of Supervisors adopted a resolution condemning President Trump's invocation of the Alien Enemies Act to detain and deport noncitizens, called for Congress to pass the "Neighbors Not Enemies" bills, and amended language to note historical abuses.

The San Francisco Board of Supervisors on April 8 unanimously approved a resolution condemning President Trump's recent use of the Alien Enemies Act to detain and deport noncitizens and called on congressional leaders to repeal the law through pending bills known locally as the "Neighbors Not Enemies" measures.

The resolution, introduced by Supervisor Vallie Melgar, said the 1798 statute has a “painful history,” citing the wartime arrests and mass incarceration of people of Japanese ancestry during World War II. Melgar moved an amendment to clarify that the statute was used in 1942 to authorize the arrest of "immigrant community leaders," an amendment seconded by Supervisor Shamone Walton and adopted before the board approved the amended resolution without objection.

Why this matters: Supporters said the city's action signals local opposition to a federal policy that, they say, can be wielded without ordinary criminal procedure and can lead to deportations without timely hearings. Public defenders, immigrant-rights groups and Asian American organizations urged the board to act after federal enforcement actions that detained hundreds of Venezuelan nationals, many of whom advocacy groups said lacked timely notice or access to counsel.

Board members and public speakers framed the resolution as both a contemporary challenge and a historical corrective. "This action represents yet another example of dangerous overreach of the executive power and direct attack of our constitutional protections," Melgar said during her remarks. Advocacy and legal staff who addressed the board warned that due-process protections are insufficient in practice when detention and removal are pursued under wartime authorities.

Several public speakers who addressed the board cited family histories of past abuses under the law. Joyce Nakamura, who said her grandfather was targeted under the Alien Enemies Act in the 1940s, told the board: "The Alien Enemies Act must be repealed so the president cannot abuse the law and further violate our Constitution." Carl Takei of the Asian Law Caucus recounted his great-grandfather's arrest under the act during World War II and urged supervisors to keep that history in mind as they voted.

The Public Defender's Office and its speakers also urged local officials to press the mayor's office and congressional delegation to act. "We are living through an assault on our fundamental freedoms," Francisco Ugarte of the Public Defender's immigration unit told the board during public comment. "We can stop this only if we raise our voices."

The board adopted the amended resolution by unanimous consent (recorded at the meeting as approved "same house, same call"), and supervisors asked the city to communicate the board's position to Congress and to support HR 630 / S.193, the legislative vehicles identified in the resolution as the Neighbors Not Enemies Act.

The resolution is symbolic and declaratory — it expresses the board's position and directs outreach to federal lawmakers — and does not bind federal enforcement actions.

Votes: The board adopted the amended resolution without objection; the meeting record shows the board approved the item unanimously with 10 supervisors voting in favor (Supervisor Sauter was excused).