Trump to use Communist Control Act against Zohran Mamdani? Here's what it means - is his deportation possible?

As Zohran Mamdani wins the Democratic primary in mayoral polls in New York, some Republicans are calling on Donald Trump’s administration to revoke his citizenship and deport him from the country or use the Communist Control Act of 1954 against him. Mamdani became a US citizen in 2018. US President Trump called him “100% Communist Lunatic.” Trump also described his looks as ‘terrible’ and his voice ‘grating.’ “Zohran Mamdani, a 100% Communist Lunatic, has just won the Dem Primary, and is on his way to becoming Mayor. We’ve had Radical Lefties before, but this is getting a little ridiculous. He looks TERRIBLE, his voice is grating, he’s not very smart, he’s got AOC+3, Dummies ALL, backing him, and even our Great Palestinian Senator, Cryin’ Chuck Schumer, is groveling over him,” Trump said, adding in a sarcastic remark at the end - “Yes, this is a big moment in the History of our Country!” Trump wrote on Truth Social.

What is Communist Control Act?

The Communist Control Act outlawed the Communist Party of the United States (CPUSA) and aimed to curb the perceived threat of communism during the Cold War. It was signed into law by President Dwight D Eisenhower in 1954.It was passed during the height of anti-communist sentiment in the United States, especially during the McCarthy era. It declared the Communist Party to be a criminal organisation and prohibited Communist Party membership.

Can Zohran Mamdani be arrested based on this law?

Practically, the Communist Control Act cannot be used against Zohran Mamdani, because he identifies with Democratic Socialists of America (DSA), which essentially is not a communist party. Though the Communist Control Act is technically still on the books, it has not been enforced in decades. The DSA operates openly as a political advocacy organization, not a secretive revolutionary group, and participates in electoral politics within democratic frameworks. Earlier, United States v. Robel (1967), where the Supreme Court struck down provisions of similar laws for infringing on constitutional rights. Even if Trump wanted to invoke this law, he cannot do so without judicial and legislative support. The Department of Justice would have to agree to prosecute someone under the law. Passed during a time of strong anti-communist sentiment, influenced by the Red Scare, McCarthyism, and fears of Soviet infiltration, the use of the law now can lead to larger political debate. The Act technically remains on the books, but it is not enforced and is considered a relic of Cold War-era legislation.