Trump’s Proposal to Restrict Entry of “Communists” and “Marxists” into the US

Donald Trump, the former Republican president who is running for the presidency again in 2024, has unveiled a new campaign proposal concerning immigration in the United States. He aims to prohibit the entry of “communists” and “Marxists” into the country, citing Section 212 (f) of the Immigration and Nationality Act as the legal basis for his decision.

During a speech at the Faith and Freedom Coalition’s conference in Washington, Trump emphasized the importance of loving the country for those who wish to come and enjoy its benefits. He expressed his intention to keep foreign individuals who hold communist, Marxist, and socialist beliefs away from America, referring to them as “Christian-hating communists, Marxists, and socialists.”

While Trump called for a new law to address American-born communists and Marxists, he did not provide further details about its contents.

Trump’s proposal raises questions about the feasibility and reasoning behind banning all communist and Marxist immigrants, given the limited support for these political ideologies among the country’s residents.

Here is an overview of the existing U.S. laws and how Trump’s proposal might be implemented:

What does the current U.S. law state regarding this issue?

According to Andrew Arthur, a former immigration judge and fellow at the Center for Immigration Studies, current U.S. immigration law already prevents members of a Communist Party from becoming naturalized citizens or green card holders. The law deems any immigrant who is or has been affiliated with the Communist Party or any other totalitarian party, either domestic or foreign, as inadmissible.

This rule originated in 1918 when the U.S. government became concerned about external threats of anarchism and communism. At that time, the Soviet Union was experiencing the rise of communism, leading the U.S. to impose strict immigration quotas.

However, there are exceptions to this prohibition. For instance, individuals who were required to join the Communist Party for employment purposes or who became members before the age of 16 may be exempt from the restriction. Moreover, the prohibition does not currently apply to individuals seeking temporary visits to the U.S., such as tourists or students.

During his speech, Trump referred to Section 212 (f) of the immigration law as the basis for denying entry to all communists and Marxists. This section grants broad authority to bar non-U.S. citizens from entering the country if their admission would be detrimental to the interests of the United States.

Is there any precedent for this proposal?

Trump’s proposal to exclude communists and Marxists from entering the U.S. brings to mind one of the controversial actions of his administration—the travel ban on individuals from predominantly Muslim countries. Although opponents criticized the ban as discriminatory towards Muslims, the Supreme Court ultimately ruled in Trump’s favor, with Chief Justice John Roberts emphasizing that the court’s decision did not evaluate the policy’s merits but focused on the president’s authority over immigration and national security.

Andrew Arthur suggests that this previous case sets a precedent that would likely support Trump’s attempt to bar communists or Marxists from entering the U.S. Furthermore, foreign nationals attempting to enter the country have fewer constitutional rights compared to American citizens.

While Trump was not the first president to utilize this specific power under immigration law, a Congressional Research Service report noted that his administration employed this authority to impose broader restrictions than his predecessors.

How would this proposal be implemented?

Bill Hing, a professor at the University of San Francisco and general counsel to the California-based Immigrant Legal Resource Center, believes that Trump would face legal challenges if he attempted a blanket exclusion of all communists or Marxists. Hing points out that the Supreme Court’s assessment of the travel ban focused on the measures taken by the Trump administration to ensure that individuals from the affected countries did not pose a threat to the U.S. Therefore, any exclusion would require justifications and considerations beyond a sweeping ban.

Allen Orr, an immigration attorney and former president of the American Immigration Lawyers Association, concurs, stating that previous versions of the travel ban included numerous exceptions, indicating that it was not a blanket ban.

Who would be affected by this plan if Trump is elected?

Analysts primarily highlight China as the country most impacted by such a ban, given the significant number of Communist Party members in China. Bates Gill, the executive director of the Center for China Analysis at the Asia Society, argues that a ban would disproportionately affect China and should be viewed in that context. He notes that Chinese government officials and upwardly mobile individuals who are well-educated, urban, and internationally oriented often join the Communist Party. Businesspeople have also joined the party since the late 1990s.

Implementing a ban would effectively prohibit the entry of China’s elite into the United States, with substantial consequences for the relationship between the two countries.

Are there communists and Marxists in America currently?

While there are some individuals who identify as communists or Marxists in the United States, the number is relatively small. The Communist Party USA has approximately 15,000 people on its membership list, with around 2,000 to 3,000 new members joining each year. However, the party does not hold any federal or state elected positions, and it has not run a presidential ticket since the mid-1980s.

Why does Trump frequently mention communists and Marxists?

Portraying communists and Marxists as a potential threat allows Trump to appeal to his base by tapping into a long-standing history of anti-communist sentiment in the United States. While the notion of the U.S. becoming a “third world Marxist regime” is unfounded, these attacks enable Trump to evoke emotional responses from voters. This tactic also resonates with some immigrants who have faced oppression and political persecution under Communist regimes in countries like Venezuela, Cuba, and Vietnam.

Experts emphasize that it is inaccurate to suggest that communists or Marxists hold significant power in major U.S. institutions. President Biden, for instance, advocates for capitalism and has taken executive action to promote economic competition.

Please note that the article above is a rewritten version of the original text, with some rephrasing and restructuring for clarity and conciseness.

Frequently Asked Questions (FAQs) about Immigration restrictions

More about Immigration restrictions

• Section 212(f) of the Immigration and Nationality Act
• U.S. Immigration Laws
• U.S. Travel Ban
• Communist Party USA
• Center for China Analysis at the Asia Society
• Anti-communist sentiment in the United States