Legal Definitions - alien enemy

An alien enemy refers to a person who is a citizen or subject of a foreign country with which the United States is officially at war, and who resides within or is found within the United States. This legal classification typically arises during times of declared war and can significantly impact an individual's rights and freedoms, such as their ability to own property, engage in commerce, or access the court system.

• Example 1: During World War II, a German citizen who had been living and operating a small bakery in Chicago for years, but had not naturalized as a U.S. citizen, would have been classified as an alien enemy.

  Explanation: This illustrates the core definition: a non-citizen from a country at war with the U.S., residing within the U.S. Such individuals faced restrictions on their property and business operations due to their classification.

• Example 2: Imagine a hypothetical scenario where the United States declares war on "Nation X." A citizen of Nation X, who was visiting the U.S. on a tourist visa when the war was declared, could be classified as an alien enemy.

  Explanation: This highlights that even temporary residents can fall under this classification. Such individuals might face detention or restrictions on their movement, even if they personally pose no threat, simply due to their nationality and presence in the U.S. during wartime.

• Example 3: During a period of declared hostilities between the U.S. and "Country Z," a citizen of Country Z who had been living in the U.S. as a lawful permanent resident might find their ability to pursue a civil lawsuit in U.S. courts suspended.

  Explanation: This demonstrates how an individual classified as an alien enemy, even if a long-term resident, could lose certain legal rights, such as access to the judicial system, during wartime. Their legal standing in court could be temporarily or permanently affected.