San Francisco Board condemns federal use of Alien Enemies Act, urges repeal

The San Francisco Board of Supervisors on April 8 adopted a resolution condemning the federal government's recent use of the Alien Enemies Act to detain and deport noncitizens, and called on Congress to pass legislation to repeal the statute.

The resolution, introduced and championed by Supervisor Connie Melgar, passed after public testimony from immigrant-rights groups, Japanese American community members with family histories of wartime arrests, and public defenders who described the policy as a violation of due process and human rights.

Why it matters: Board members and community speakers said the statute has a painful history, including use during World War II to arrest and incarcerate Japanese immigrants. Supporters argued the current use to detain Venezuelan nationals without standard criminal process reproduces that abuse and puts other immigrant communities at risk.

Supporters said the board's action asks San Francisco's congressional delegation to back the Neighbors Not Enemies Act (referenced in the resolution as House and Senate measures HR 630 and S.193) to remove the executive authority to detain and deport under the AEA.

The public comment period included multiple speakers from immigrant-rights organizations and legal aid offices. Carl Takei of the Asian Law Caucus recounted a family history of AEA-era arrests and urged passage. A representative of the San Francisco Public Defender's immigration unit said procedural protections are insufficient when applied to mass deportations.

Supervisor Melgar framed the vote as a defense of constitutional protections, noting the historical precedent and asking the board to condemn the action. The board adopted an amendment clarifying historical language in the resolution and then approved the amended resolution "same house, same call" without objection.

Outcome and next steps: The resolution was adopted by the board on April 8. The text endorses federal repeal and directs the city to communicate the board's position to the congressional delegation and relevant city offices.

Quotes from the meeting: "The Alien Enemies Act is being misused to justify mass deportations," Supervisor Melgar said during the item's consideration. "We must stand against it and call on our congressional leaders to repeal the Alien Enemies Act."

"By illegally invoking this 1798 wartime power, President Trump is seeking to silence dissent and disappear parents, siblings, neighbors, and coworkers without due process," said Jenna from the San Francisco Public Defender's Office during public comment.

What the resolution does not do: It is a formal statement of the board's position; it does not change city law or local enforcement policy. The resolution requests federal legislative action and asks the city to communicate with congressional representatives.

Context: The board's action took place amid broader public demonstrations and numerous public commenters who linked the present-day use of the statute to historic wartime abuses. The resolution cites the Neighbors Not Enemies Act as the preferred federal corrective.

The board adopted the amended resolution by unanimous consent on April 8, 2025.