So the Statue of Liberty states in the New Colossus by Emma Lazurus.
"Keep, ancient lands, your storied pomp!" cries she
With silent lips. "Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!
But has that ever really been the policy of the United States? Do we have a record of taking whomever when ever in an open door policy? Well not really. Between 1790 a mere 14 years after our Nation's Birthday and 1882 four years before the dedication of the Statue of Liberty there were 10 pieces of legislation on Immigration. Now between 1790 and 1870 all of these are to what end makes a citizen. It is not until 1875 we start to see exclusionary legislation. In fact that is what we see from that date moving forward is exclusionary legislation our amending exclusionary legislation.
1875 we legislate we want no criminals, prostitutes or Chinese contract workers
1882 we ban convicts lunatics idiots persons likely to be public charges
The Chinese exclusion Act, a ten year ban on new immigration for Chinese, blocks their path to citizenship
1886 The Statue of Liberty is dedicated at Ellis Island. Between 1886 and 1903 when the plaque of the New Colossus is dedicated below the Statue of Liberty we have four pieces of legislation on immigration all exclusionary
1888 the Scott act or Chinese exclusion ban. If you are Chinese and you leave the US you are not allowed back.
1891 Bureau of Immigration is formed and part of its duty is to deport those that have come illegally and deny entry for polygamists, mentally ill and any with contagious disease.
1892 the Geary Act now requires a permanent resident card for the Chinese and another ten year ban on becoming a citizen
Ellis Island opens for processing immigrants.
1903 Congress passes the Anarchists exclusion act which bans immigrants based on political beliefs.
The New Colossus is dedicated on the Statue of Liberty on Bronze Plaque.
Since 1903 to current day another 25 one or more pieces of legislation have been implemented during different years.It is about a split between resrtictive and non restrictive legislation.
Source of this information below
So I think we can conclude that open door immigration has not been a policy since 1875. While we are a Nation of Immigrants Congress and the President have agreed to restrict access for any number of reasons, region's, mental state, wellness state and political affiliation. Right or wrong the precedent is long and rich. Not only do we have in place such laws new ones have been formed as political climates have changed over time.
So does trump with an Executive Order have the right to act in such a way?
Yes in fact the President not only has the power but the duty to protect American Citizens and soil from foreign threats. That would include a travel ban from unfriendly countries.
However this was done very sloppy from the outset. Intent is a huge part of law. Yes he is calling it a travel ban from countries that are a threat. But there are serious holes to this order from its onset.
First he called for a Muslim Ban on the campaign trail after the American born citizen and his legal immigrant wife shot up a holiday party in San Bernardino.
The travel ban is implemented.
Rudi Giuliani brags on Fox News on how he helped formulate a plan on how to make the “muslim ban legal" and how he and a team helped formulate it. This is after the ban is ordered. Video below
Both of these are damaging in a colossal way. No immigration legislation ban has ever been on religion. There is no precedent as it is most definitely unconstitutional
Next let's look at the countries that are missing and have obvious long history of exporting terrorism Afghanistan, Pakistan, Lebanon, Saudi Arabia, Nigeria I could go on with the list but don’t see the point. Why are these areas and more of danger not on the same list?
This is a huge misstep and the Trump Administration in his own words of he will fight it to the end is a fools game. At contention is whether or not this is a religious ban or a travel ban. There is enough innuendo based on Trump’s own words during the campaign and Giuliani's national media misstep on a “friendly” network that this indeed was a ban of a religion in intent.
Trump and his advisers mishandled this. It was not well thought out nor implemented in a way that makes sense. It is crazy to have folks in the air with legal papers turned around or held. This plays poorly.
I for one have little problem with a more robust vetting process. Nor that a travel ban from unfriendly countries is a bad idea. This could have been done with little fanfare had the Administration implemented in such a way that made sense. Had a clear description of what was wrong with the current process. What was being done to improve it and why we needed ninety days to train and implement new regulations. Exemptions or a speedy exemption process in place. A warning to those with plans that you might be turned back with a short deadline of when the ban was ultimately to take place. No guarantee that your current papers are sufficient. Clear orders to Embassies, Customs and INS on how to move forward.
Instead they rubber stamped something overnight without thinking of its consequences. Nor were there clear orders on how to implement it.
How the court will rule will be interesting but anyway you slice it this show of Executive Power will damage this administration moving forward in the eyes of many Americans and the world.
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