It
is ironic to keep xenophobia a norm in a land of immigrants. Although favoring some immigrants more than
others, the United State’s borders have always been open to those fleeing war
and prosecution. The first restrictions
on immigration were to limit the ‘undesirables’ based on nationality, race, and
religion. But later, these policies
shifted the focus on accepting skilled immigrants regardless of their
nationality. The president has the
responsibility to protect the United States against foreign terrorists, but by
doing so should not violate the rights of the citizens of its country. Trump’s
executive orders were used to promote dangerous rhetoric of pre-WW II
restrictions on foreign visitors in the name of national security. These policies were eventually revoked with
harmful consequences to our foreign relations, economy, and national security. I propose a broader visa/immigration scrutiny
for all terrorist prone nations (including the ones where the president
operates business in, with no exceptions), to ensure the first amendment rights of
people is protected.
Americans
and people in general have always been afraid of the unfamiliar. Given the name of aliens these foreigners
are met with distrust from the public.
Xenophobia the fear and distrust of that which is perceived to be
foreign or strange is nothing new. The greeks who invented the word use this
word to refer ‘others’ or ‘barbarians’.
Unfamiliar ethnic groups have had a particular mixed reaction when
reaching the shores of America. In not so distant history, the blacks were
forcefully brought to America only to be enslaved and treated as less than
humans. Today we don’t have to force cheap laborers or migrants to come into
the U.S. The economic opportunities and our freedom of expression are
attractive to migrants from all over the world.
The
main port of entry at the turn of the century was Ellis Island in New York.
Next to the processing center lies a french monument known as the Statue of
Liberty that welcomed immigrants arriving from abroad. At the base of the monument lies the quote,
“Give me your tired, your poor, your huddled masses yearning to breathe
free.” The reality however is that the
fear of foreigners has always prohibited or severely restricted immigration
from various areas of the world.
Massive
immigration in America needed an immigration laws and the first such law was
passed in 1975. This law is known as the Page Act of 1875, its goal was to
prohibit the entry of immigrants that were considered “undesirable”. These ‘undesirables’ were mostly from Asia
and set to combat the cheap Chinese labor and Chinese prostitution found among
a small subset of foreigners coming from these countries. Later Eastern European Jews, Slavs, and
Italians were heavily restricted in the Emergency
Quota Act followed by the Immigration
Act of 1924. Jewish refugees fleeing
Nazi Germany were barred from entry into the United States. Mexicans during the Great Depression were
forcefully deported. Donald Trump’s
executive orders bring back bad memories for many Americans. For New York Times, KAREN KOREMATSU wrote an article ‘When Lies Overruled Rights’ in which she compares Trump's
“Muslim Ban” with the executive order 9066 signed by the President Franklin
Roosevelt against Japanese Americans. Trump’s Muslim Ban could maybe ‘fly’ in
the old America but today this is seen as a natural progression of
‘undesirables’ that the American government has been banning for the last two
centuries.
The
modern immigration policies of the United States were developed with the
passing of the Immigration and Nationality Act of 1965. The modernization equalized immigration
policies and abolished the system of national-origin quotas. The focus of immigration was tied to
immigrants skills and family relationships rather than country of origin. "No person shall receive any preference
or priority or be discriminated against in the issuance of an immigrant visa
because of the person's race, sex, nationality, place of birth, or place of
residence." Non-European countries
that were previously severely restricted began immigrating in ever increasing
numbers. Refugees were given preference
to entering the United States. In
summation, the Immigration and
Nationality Act of 1965, reversed previous xenophobic fears of foreigners
from nationalities and religions.
The President of the United States of America
is in charge of safeguarding the United States from alien visitors and
immigrants. Title 8 of the United
States Code states:
"Whenever the President finds that the entry of any aliens
or of any class of aliens into the United States would be detrimental to the
interests of the United States, he may by proclamation, and for such period as
he shall deem necessary, suspend the entry of all aliens or any class of aliens
as immigrants or nonimmigrants, or impose on the entry of aliens any
restrictions he may deem to be appropriate".
This safeguarding has been enacted
by various presidents. The Visa Waiver Program Improvement and Terrorist Travel Prevention
Act of 2015 signed by President Obama required nationals visiting from
four countries (Iraq, Syria, Iran, and Sudan) or who had visited those
countries to obtain visas. Other
countries (Libya, Yemen, and Somalia) were added later. President Trump once elected attempted to
modify the precedent set by Obama by further restricting entry of individuals
in the name of safeguarding America.
Throughout
his campaign Donald Trump had been proposing a policy of xenophobia against
Muslims, Mexicans, Chinese, and other groups considered as ‘undesirables’ in
the current racial attitudes of America. The Washington Post reported: “After
the San Bernardino shooting in December 2015, Trump
called for “a total and complete shutdown of Muslims entering the United
States.” Trump's "Contract
with the American Voter" pledged to suspend immigration from
"terror-prone regions".
On
January 27, 2017 President Donald Trump signed an executive order Executive Order 13769 titled Protecting the Nation from Foreign Terrorist Entry into the
United States. The order invoking Title
8 of the United States Code to prevent terrorism lowered the number of
refugees admitted, suspended the entry of Syrian refugees, and suspended entry
into various countries that targeted Muslim-majority countries. The seven countries (out of which many
terrorists who attacked 9/11 were from) were not included, such as Saudi
Arabia, Egypt, or other terrorist prone countries where the Trump Organization
has conducted business.
The
executive order was ultimately revoked due to the glaring errors in the
provision. In the beginning early confusion about the orders in regards to
dual-citizens and green-card holders provoked outrage amongst the general U.S.
population. On January 27, the
Department of Homeland Security sent out a guidance to airlines stated
"lawful permanent residents are not included and may continue to travel to
the USA." The very next day the
Department of Homeland Security's Acting Press Secretary Gillian Christensen was quoted in an email to Reuters
that the order barred green-card holders from the affected countries. Clarification was later made to allow
green-card holders on a case-by-case waiver and later no longer would needed.
Ultimately several lawsuits were filed in various courts (i.e. Washington
v. Trump, Aziz v. Trump) that ruled the executive order was likely to discriminate
against Muslims. This is in violation of Immigration and Nationality Act of 1965 limiting discrimination based on
religion
"No person shall receive any preference or priority or
be discriminated against in the issuance of an immigrant visa because of the
person's race, sex, nationality, place of birth, or place of
residence" - Immigration and
Nationality Act of 1965
as well the Establishment Clause
limiting discrimination based on religion.
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof… - Establishment Clause
Ultimately the executive order was
revoked and new one was
established. Executive Order 13780, titled Protecting
the Nation from Foreign Terrorist Entry into the United States was signed
by the president on March 6th 2017 replacing EO 13769. EO 13780 exempted permanent residents,
current visa holders, and the suspension of Syrian refugees. On March 15th, nine days later it was revoked
by United States District Judge Derrick Watson, in Hawaii vs. Trump as violating the Establishment
Clause since it was a “Muslim ban,” based upon statements of officials from the
executive department.
The
effect on the economy and view of the international community on the United
States was truly remarkable. American
tech companies such as Google, Amazon, and
Microsoft who hire
H-1b computer scientist are already feeling the effect with the loss of their
workforce by moving offices to more immigrant friendly countries such as
Canada. The U.S. tourism industry has
been feeling a “Trump Slump” with foreign tourism down by 6.8% or roughly $185
million in lost revenue do
to the immigration suspension. Our main
allies (Britain, France, Canada, Australia, Germany) condemned the ban, 1,000
career U.S. diplomats signed a “dissent cable” disagreeing with the order, and
religious leaders voiced descent. FTO
such as ISIS celebrated the orders allowing the anti-Western
fervor to increase in the Islamic World.
Trump’s rhetoric is having dangerous consequences for the internal
stability of the United States as well as its influence in the international
arena.
Contemporary
immigration is a hot button topic in today’s America. Xenophobic sentiment has
always been present in the America but is now more prominent than ever. Modern
immigration policies that were set in place after the World War II invoke
various rights to non-persecution by religion or ethnicity. Donald Trump was
elected on the issue of removing perceived ‘terrorist threats’ from Muslims in
war-torn countries that have little economic interest to American companies. Any policy issued by this current
administration that seeks to mitigate the threat of foreign terrorists from
entering into the United States, must do so arbitrarily. To fulfill Donald
Trump's campaign promise to America, an extensive background check should be
done on asylum seekers and visa applications from the countries the State
Department classifies as ‘State Sponsors of Terrorism,’ as well as places where
Foreign Terrorist Organizations as reported by the State Department operate. This newer
executive order would call for more scrutiny in non-Muslim majority countries
such as the Philippines, Greece, or Chechnya where terrorist groups operate.
The most recent news on the “Muslim Ban” is no longer ‘searchable’ on the
Trump’s campaign website at all. Since coming into an office, the President
Trump has signed various executive orders that upon revision did not turned
into laws, because in democratic America no one, and not even the president is
above the rule of law.