The Alien Enemies Act of 1798 - Redux
Recently, pro-Hamas and pro-PLO and very anti-Semitic and anti-Isreal demonstrators were arrested at Columbia University in New York. In doing so, the Department of Justice Federal Government used the powers given to the Federal Government under The Alien Enemies Act of 1798.
The Alien Enemies Act of 1798 was just one of four pieces of legislation passed by Congress in that year. The other three were The Alien Friends Act of 1798, the Naturalization Act of 1798, and the Sedition Act of 1798. Together, they are known as the Alien and Sedition Acts of 1798.
For more information on their history and why these laws came about, see Origins of the Sedition Act of 1798 - https://marcliebman.com/origins-of-the-sedition-act-of-1798/ posted on July 3rd, 2022 and The Legacy of the Alien and Sedition Acts of 1798 - https://marcliebman.com/the-legacy-of-the-sedition-and-alien-acts-of-1798/ .
The mere dates of these acts tell us that the issue of immigration is not new. Back when these acts were passed, the United States was at war with France, and immigrants fleeing the French Revolutionary Wars in Europe were flooding into the country.
During the Quasi-War with France, We the People wanted our leaders to provide solutions. If one studies the immigration laws passed since the founding of the United States, Congress tried pass laws that answer four questions:
1.? Who do we let into the country?
2.? How do we vet them?
3.? What is the path to citizenship?
4.? How do we deal with those on our soil who do not obey our laws?
Does any of this sound familiar? In the 249 years of our country's history, We the People have struggled with how to write laws and procedures that also encourage legal immigration.
Looking back over our history, immigration to the U.S. has been steady but has also increased significantly due to events outside the control of the U.S. The first surge came as a result of the French Revolutionary and Napoleonic Wars.
Then there was the famine in Ireland. After that came the mass migration from Eastern and Central Europe beginning in the early 1870s, coupled with the importation of Chinese laborers to work on the railroads in the west.
After World War II, we absorbed a flood of refugees from Europe, and then in 1953, they came from Korea. In the mid-1970s, we took in hundreds of thousands of Vietnamese fleeing the Communist regime. Since the 1980s, we've seen a flood of immigrants coming from Central and South America and all over the world.
Each wave stressed our immigration and naturalization processes, laws, policies, etc. About every 20 – 30 years, Congress updated our immigration and naturalization laws which led to new policies and procedures.
Over time, these immigrants and their descendants assimilated and contributed to the fabric of our diverse society. We are one of the few countries that has successfully accomplished this feat.
However, there are instances where we, as a country, must take a stand. We do that through our elected officials.
It is the duty of the Department of Justice and Department of Homeland Security to enforce our immigration laws. Through Title 50 Section 21 and other portions of Federal law, law enforcement officials have the legal power to arrest and deport those deemed to not meet the criteria for the privilege of living in the U.S., either as a citizen, a resident alien, or visitor.
As footnote, if you have not seen it, watch the recently released documentary called October 8th. It provides a sobering picture of what has and is happening on our college campuses because we have failed to answer the four questions listed above.