The Business Press – June 28, 2023 at 03:00PM
Donald Trump recently made a campaign proposal regarding United States immigration, aiming to deny entry to ‘communists’ and ‘Marxists.’ This announcement has drawn comparisons to Trump’s previous ban on travelers from Muslim-majority countries and has sparked questions about the legality and implementation of such a proposal.
Under existing U.S. immigration law, individuals who are affiliated with or members of the Communist or any other totalitarian party are considered inadmissible for naturalization or green card status. However, there are exceptions to this rule, such as individuals who joined the Communist Party for employment purposes or who became members at a young age.
Trump has referenced Section 212 (f) of the Immigration and Nationality Act, which grants broad authority to the President to deny entry to individuals whose presence is deemed detrimental to the interests of the United States. Legal analysts believe that Trump could potentially enforce a ban on communists and Marxists using this section of the law.
Previous court cases, such as the travel ban on individuals from predominantly Muslim countries, have demonstrated that U.S. presidents have significant authority over immigration matters. The Supreme Court upheld Trump’s travel ban, citing the President’s responsibility to protect national security.
Implementing a blanket exclusion of all communists and Marxists would likely face legal challenges. In the case of the travel ban, the Supreme Court took into consideration the need for justification and included multiple exceptions. Therefore, a similar approach would be necessary to avoid a blanket ban.
If this proposal were to be enacted, it would primarily impact China, where millions of individuals are members of the Communist Party. Banning the elite of China from entering the United States could have significant implications for the relationship between the two countries.
While there are some communists and Marxists in America, their numbers are relatively small. For instance, the Communist Party USA has around 15,000 members, with a modest growth rate. However, they do not hold any federal or state elected offices.
Trump’s focus on communists and Marxists can be seen as a strategy to ignite fear and rally his base. Although there is no imminent risk of a Marxist takeover in the United States, these attacks appeal to the country’s long-standing anti-communist sentiment and resonate with immigrants who have experienced political persecution under communist regimes.
It is important to note that major U.S. institutions are not governed by communists or Marxists. President Biden, for example, is an advocate of capitalism and has taken actions to promote economic competition.
Trump’s proposal to keep ‘communists’ and ‘Marxists’ out of the U.S. raises legal and implementation questions. While existing immigration laws provide some basis for such a ban, a blanket exclusion would likely face legal challenges. Understanding the context and implications of this proposal is crucial in shaping the immigration policies of the United States.
The Business Press 