As the result of historical experience during the French and Indian Wars, Anglo-Americans regarded France as the enemy and Britain as their benevolent parent-country.  Then the British and their American colonists fell out.  War followed.  During the Revolutionary War, the self-proclaimed United States signed an alliance with the French monarchy.  France loaned money to the Americans and declared war on Britain.  France also sent military forces to America.  The Franco-American alliance remained in effect after the war.  Then the French Revolution broke out, France overthrew the monarchy and declared itself a Republic, and declared war (1792) on everyone except the Man in the Moon and the Americans. 

            Americans divided sharply on how to deal with France.  Many people (often Federalists) hated the French version of revolution.  Many other people (mostly Democratic-Republicans) sympathized, at the least, with the aims of the French revolutionaries.  The issue became a partisan matter.  Congress seized the opportunity to repudiate repayment of the French war loans because they were onerous (1793).  Congress then ratified the “Jay Treaty” which settled disputes between the United States and Britain (1794).  France responded by allowing French “privateers” to seize a lot of American merchant ships in the Atlantic and the Caribbean.  Trying to fend off a war, the Americans sent a delegation to negotiate with France (1797-1798).  This ended badly and a “Quasi-War” at sea broke out (1798-1801).[1] 

            President John Adams and the Federalist majorities in Congress passed a package of four “Alien and Sedition Laws” (1798).  Formally, Adams feared that the French would try to spread their revolutionary ideology to the United States.  Informally, the Federalists had come to see the Democratic-Republicans as inclined toward the same policies as the French.  So, stomp on them. 

            The “Alien Friends Act” allowed the President to deport anyone considered to be “dangerous to the peace and safety of the United States.”  The law sun-setted after two years, and the government didn’t make much of an effort to enforce it anyway. 

            The “Naturalization Act” extended the residence requirement before obtaining citizenship from 5 years to 14 years.  Lots of/most immigrants voted Democratic-Republicans once they got the right to vote.  The law was repealed in 1802. 

            The “Sedition Act” criminalized saying mean things about Federalists in government.  A whole bunch of Democratic-Republican writers for the media of the day were prosecuted.  (My personal favorite is Jame Callender.)  The law expired in 1801. 

            The “Alien Enemies Act” granted the President the authority to arrest, imprison, or deport any non-citizen during a time when the United States was at war with, either formally or informally, a foreign country from which that non-citizen originated.[2]  The informal part gave the president the right to act in something like the undeclared “Quasi-War” or if an attack occurred when Congress could not be consulted immediately.  The Act has never been repealed.  The Act has been used in the War of 1812, the First World War, and the Second World War. 

            So, can an old law be re-interpreted for new purposes?  If so, who can re-interpret it? 

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[1] XYZ Affair – Wikipedia (sort of a “Town Mouse and Country Mouse” affair) and Quasi-War – Wikipedia 

[2] OK, that’s a long and clotted sentence.  The point is, the United States is not now at war with or suffering a “predatory incursion” ordered by a foreign country.  People free-lancing a “predatory incursion” isn’t covered by the language of the law.  Ipso fatso, President Trump doesn’t have a leg to stand on.