In a significant move that raised alarm, former President Donald Trump signed an executive order granting expanded powers to border officials. The order, which was originally put in place to authorize the internment of US citizens on the basis of their race, wasn’t overturned until 2018. Fears escalated further when it was discovered that Trump may have made mass arrests, like deportations, possible. These moves can be used to criminalize US citizens for their political beliefs. This positive development reminds us of the bigger picture narrative about the impacts of the US immigration system. It exposes the African American history behind a sprawling web laced with red tape, jobs, jails, and corporate interests.
The US immigration system has historically been used as a means for criminalizing and detaining immigrants. It frequently looms over those who are seen as lesser beings. This system has disproportionately targeted immigrants. Besides targeting immigrants, it has targeted US citizens with full rights and privileges who have the temerity to speak truth to power. The system does not mince words in laying bare the two-tier system. Foreigners with permanent residency have distinct and superior treatment compared to foreigners with valid work visas. This disparity highlights the very systemic problems that are deeply rooted in the immigration system.
One of his most outrageous steps was Trump’s invocation of the 1798 Alien Enemies Act. This law, first enacted during World War II, was wielded to establish domestic internment camps. These camps imprisoned over 100,000 people of Japanese ancestry, illuminating one of the most tragic chapters in American history. This revival of the act under Trump sparked fears that the act could again be misused to suppress citizens, similar to past transgressions.
The immigration system’s history is replete with examples of restricting academic freedom and violating the First Amendment. When coupled with concomitant and considerably more aggressive enforcement, observers described this system as a “blitzkrieg on the law.” 4 It’s easy to see why. The system's checks and balances, designed to prevent overreach, have been threatened by Trump's open defiance and his efforts to consolidate power within the executive office.
Mahmoud Khalil, a former detainee inside the system, powerfully summed up the state of affairs in his poetry composed behind bars.
"Justice," Khalil wrote from detention, "escapes the contours of this nation’s immigration facilities." – Mahmoud Khalil
Khalil articulates a sentiment that many of us are feeling. They just feel cornered by a system that seems immune to justice.
The executive order signed by Trump raised fears about the possibility of extending these detentions and arrests to non-criminal citizens. The possibility of using such powers against those expressing dissenting political views posed a direct threat to fundamental democratic principles. This development launched a discussion across the country as to what the appropriate trade-off between national security and civil liberties should be.
Critics rightly decry the US immigration system for its punitive and draconian approach towards immigrants. This dense regulatory, enforcement, and compliance maze serves as a barrier to participation, and it is disproportionately burdensome for marginalized communities. Critics contend that the system continues to re-discriminate and re-segregate society, keeping privilege and power societal lines drawn ever more sharply.
Today, the 1798 Alien Enemies Act serves as a stark reminder of what happens when we allow laws to be manipulated and abused. Such industry-enabling actions can easily lead to abuses of individual rights. The act’s misuse during World War II established a dangerous precedent that echoes throughout current events. As history has shown, measures implemented in times of perceived crisis can have far-reaching consequences that extend well beyond their initial intent.