Friday, Aug 18th, 2017 - 10:25:52

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Settler Colonialism & Apartheid Immigration

'Settler colonialism is a form of colonial formation whereby foreign people move into a region. An imperial power oversees the immigration of these settlers who consent, often only temporarily, to government by that authority. This colonization sometimes leads, by a variety of means, to depopulation of the previous inhabitants, and the settlers take over the land left vacant by the previous residents. Unlike other forms of colonialism, the "colonizing authority" (the imperial power) is not always the same nationality as the "colonizing workforce" (the settlers) in cases of settler colonialism. The settlers are, however, generally viewed by the colonizing authority as racially superior to the previous inhabitants, giving their social movements and political demands greater legitimacy than those of colonized peoples in the eyes of the home government. The land is the key resource in settler colonies, whereas natural (e.g. gold, cotton, oil) and human (e.g. labor, existing trade networks, convertible souls) resources are the main motivation behind other forms of colonialism. Normal colonialism typically ends, whereas settler colonialism lasts indefinitely, except in the rare event of complete evacuation (e.g., the Lost Colony of Roanoke) or settler decolonization. The historian Patrick Wolfe writes that "settler colonialism destroys to replace" and insists that "invasion", in settler colonial contexts, is "a structure, not an event".'

+ Settler Colonialism: https://en.wikipedia.org/wiki/Settler_colonialism

'A nation of immigrants: This is a convenient myth developed as a response to the 1960s movements against colonialism, neocolonialism, and white supremacy. The ruling class and its brain trust offered multiculturalism, diversity, and affirmative action in response to demands for decolonization, justice, reparations, social equality, an end of imperialism, and the rewriting of history -- not to be "inclusive" -- but to be accurate. What emerged to replace the liberal melting pot idea and the nationalist triumphal interpretation of the "greatest country on earth and in history," was the "nation of immigrants" story.

By the 1980s, the "waves of immigrants" story even included the indigenous peoples who were so brutally displaced and murdered by settlers and armies, accepting the flawed "Bering Straits" theory of indigenous immigration some 12,000 years ago. Even at that time, the date was known to be wrong, there was evidence of indigenous presence in the Americas as far back as 50,000 years ago, and probably much longer, and entrance by many means across the Pacific and the Atlantic -- perhaps, as Vine Deloria jr. put it, footsteps by indigenous Americans to other continents will one day be acknowledged. But, the new official history texts claimed, the indigenous peoples were the "first immigrants." They were followed, it was said, by immigrants from England and Africans, then by Irish, and then by Chinese, Eastern and Southern Europeans, Russians, Japanese, and Mexicans. There were some objections from African Americans to referring to enslaved Africans hauled across the ocean in chains as "immigrants," but that has not deterred the "nation of immigrants" chorus.

Misrepresenting the process of European colonization of North America, making everyone an immigrant, serves to preserve the "official story" of a mostly benign and benevolent USA, and to mask the fact that the pre-US independence settlers, were, well, settlers, colonial setters, just as they were in Africa and India, or the Spanish in Central and South America. The United States was founded as a settler state, and an imperialistic one from its inception ("manifest destiny," of course). The settlers were English, Welsh, Scots, Scots-Irish, and German, not including the huge number of Africans who were not settlers. Another group of Europeans who arrived in the colonies also were not settlers or immigrants: the poor, indentured, convicted, criminalized, kidnapped from the working class (vagabonds and unemployed artificers), as Peter Linebaugh puts it, many of who opted to join indigenous communities.

Only beginning in the 1840s, with the influx of millions of Irish Catholics pushed out of Ireland by British policies, did what might be called "immigration" begin. The Irish were discriminated against cheap labor, not settlers. They were followed by the influx of other workers from Scandinavia, Eastern and Southern Europe, always more Irish, plus Chinese and Japanese, although Asian immigration was soon barred. Immigration laws were not even enacted until 1875 when the US Supreme Court declared the regulation of immigration a federal responsibility. The Immigration Service was established in 1891.

Buried beneath the tons of propaganda -- from the landing of the English "pilgrims" (fanatic Protestant Christian evangelicals) to James Fennimore Cooper's phenomenally popular "Last of the Mohicans" claiming "natural rights" to not only the indigenous peoples territories but also to the territories claimed by other European powers -- is the fact that the founding of the United States was a division of the Anglo empire, with the US becoming a parallel empire to Great Britain. From day one, as was specified in the Northwest Ordinance that preceded the US Constitution, the new republic for empire (as Jefferson called the US) envisioned the future shape of what is now the lower 48 states of the US. They drew up rough maps, specifying the first territory to conquer as the "Northwest Territory," ergo the title of the ordinance. That territory was the Ohio Valley and the Great Lakes region, which was filled with indigenous farming communities.

Once the conquest of the "Northwest Territory" was accomplished through a combination of genocidal military campaigns and bringing in European settlers from the east, and the indigenous peoples moved south and north for protection into other indigenous territories, the republic for empire annexed Spanish Florida where runaway enslaved Africans and remnants of the indigenous communities that had escaped the Ohio carnage fought back during three major wars (Seminole wars) over two decades. In 1828, President Andrew Jackson (who had been a general leading the Seminole wars) pushed through the Indian Removal Act to force all the agricultural indigenous nations of the Southeast, from Georgia to the Mississippi River, to transfer to Oklahoma territory that had been gained through the "Louisiana Purchase" from France. Anglo settlers with enslaved Africans seized the indigenous agricultural lands for plantation agriculture in the Southern region. Many moved on into the Mexican province of Texas -- then came the US military invasion of Mexico in 1846, seizing Mexico City and forcing Mexico to give up its northern half through the 1848 Treaty of Guadalupe Hidalgo. California, Arizona, New Mexico, Colorado, Utah, Texas were then opened to "legal" Anglo settlement, also legalizing those who had already settled illegally, and in Texas by force. The indigenous and the poor Mexican communities in the seized territory, such as the Apache, Navajo, and Comanche, resisted colonization, as they had resisted the Spanish empire, often by force of arms, for the next 40 years. The small class of Hispanic elites welcomed and collaborated with US occupation.

Are "immigrants" the appropriate designation for the indigenous peoples of North America? No.

Are "immigrants" the appropriate designation for enslaved Africans? No.

Are "immigrants" the appropriate designation for the original European settlers? No.

Are "immigrants" the appropriate designation for Mexicans who migrate for work to the United States? No. They are migrant workers crossing a border created by US military force. Many crossing that border now are also from Central America, from the small countries that were ravaged by US military intervention in the 1980s and who also have the right to make demands on the United States.

So, let's stop saying "this is a nation of immigrants."'

+ Stop Saying This Is a Nation of Immigrants! - Roxanne Dunbar-Ortiz (2006):
+ http://mrzine.monthlyreview.org/2006/dunbarortiz290506.html
+ http://www.reddirtsite.com/papers.htm

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Colonialism

'Extensive European colonization began in 1492, when a Spanish expedition headed by Christopher Columbus sailed west to find a new trade route to the Far East but inadvertently landed in what came to be known to Europeans as the "New World". Running aground on the northern part of Hispaniola on December 5, 1492, which the Taino people had inhabited since the 7th century, the site became the first European settlement in the Americas. European conquest, large-scale exploration, colonization and industrial development soon followed. Columbus' first two voyages (1492–93) reached the Bahamas and various Caribbean islands, including Hispaniola, Puerto Rico and Cuba. In 1497, sailing from Bristol on behalf of England, John Cabot landed on the North American coast, and a year later, Columbus's third voyage reached the South American coast. As the sponsor of Christopher Columbus's voyages, Spain was the first European power to settle and colonize the largest areas, from North America and the Caribbean to the southern tip of South America. Other powers such as France also founded colonies in the Americas: in eastern North America, a number of Caribbean islands, and small coastal parts of South America. Portugal colonized Brazil, tried colonizing of the coasts of present-day Canada, and settled for extended periods northwest (on the east bank) of the River Plate. The Age of Exploration was the beginning of territorial expansion for several European countries. Eventually, the entire Western Hemisphere came under the ostensible control of European governments, leading to profound changes to its landscape, population, and plant and animal life. In the 19th century alone over 50 million people left Europe for the Americas. The post-1492 era is known as the period of the Columbian Exchange, a dramatically widespread exchange of animals, plants, culture, human populations (including slaves), communicable disease, and ideas between the American and Afro-Eurasian hemispheres following Columbus's voyages to the Americas.'

+ European colonization of the Americas:
+ https://en.wikipedia.org/wiki/European_colonization_of_the_Americas

'As of January 23, 2017, the United States has a total resident population of 324,420,000, making it the third most populous country in the world. It is very urbanized, with 81% residing in cities and suburbs as of 2014 (the worldwide urban rate is 54%). 13% of the population was foreign-born in 2009 a rise of 350% since 1970 when foreign-born people accounted for 3.7% of the population, including 11.2 million illegal aliens, 80% of whom come from Latin America. Latin America is the largest region-of-birth group, accounting for over half (53%) of all foreign born population in US, and thus is also the largest source of both legal and illegal immigration to US. In 2011, there are 18.1 million naturalized citizens in USA, accounting for 45% of the foreign-born population (40.4 million) and 6% of the total US population at the time, and around 680,000 legal immigrants are naturalized annually

The United States Census Bureau defines White people as those "having origins in any of the original peoples of Europe, the Middle East, or North Africa. It includes people who reported "White" or wrote in entries such as Irish, German, Italian, Lebanese, Near Easterner, Arab, or Polish." Whites constitute the majority of the U.S. population, with a total of about 245,532,000 or 77.7% of the population as of 2013. Non-Hispanic whites make up 62.6% of the country's population. Despite major changes due to immigration since the 1960s, and the higher birth-rates of nonwhites, the overall current majority of American citizens are still white, and English-speaking, though regional differences exist.

The American population almost quadrupled during the 20th century—at a growth rate of about 1.3% a year—from about 76 million in 1900 to 281 million in 2000. It reached the 200 million mark in 1968, and the 300 million mark on October 17, 2006. Population growth is fastest among minorities as a whole, and according to the Census Bureau's estimation for 2012, 50.4% of American children under the age of 1 belonged to minority groups. Hispanic and Latino Americans accounted for 48% of the national population growth of 2.9 million between July 1, 2005, and July 1, 2006. Immigrants and their U.S.-born descendants are expected to provide most of the U.S. population gains in the decades ahead.'

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US Ethnicities

"Each person has two identifying attributes, racial identity and whether or not they are of Hispanic ethnicity. These categories are sociopolitical constructs and should not be interpreted as being scientific or anthropological in nature. They have been changed from one census to another, and the racial categories include both 'racial' and national-origin groups."

'The United States has a racially and ethnically diverse population. The United States Census officially recognizes six racial categories: White American, Black or African American, Native American and Alaska Native, Asian American, Native Hawaiian and Other Pacific Islander, and people of two or more races; a category called "some other race" is also used in the census and other surveys, but is not official. The United States Census Bureau also classifies Americans as "Hispanic or Latino" and "Not Hispanic or Latino", which identifies Hispanic and Latino Americans as an ethnicity (not a race) distinct from others that composes the largest minority group in the nation. The United States Supreme Court unanimously held that "race" is not limited to Census designations on the "race question" but extends to all ethnicities, and thus can include Jewish and Arab as well as Polish or Italian or Irish, etc. White Americans are the racial majority. African Americans are the largest racial minority, amounting to 13.2% of the population. Hispanic and Latino Americans amount to 17% of the population, making up the largest ethnic minority. The White, non-Hispanic or Latino population make up 62.6% of the nation's total, with the total White population (including White Hispanics and Latinos) being 77%. White Americans are the majority in every region except Hawaii, but contribute the highest proportion of the population in the Midwestern United States, at 85% per the Population Estimates Program (PEP), or 83% per the American Community Survey (ACS). Non-Hispanic Whites make up 79% of the Midwest's population, the highest ratio of any region. However, 35% of White Americans (whether all White Americans or non-Hispanic/Latino only) live in the South, the most of any region. 55% of the African American population lives in the South. A plurality or majority of the other official groups reside in the West. This region is home to 42% of Hispanic and Latino Americans, 46% of Asian Americans, 48% of American Indians and Alaska Natives, 68% of Native Hawaiians and Other Pacific Islanders, 37% of the "two or more races" population (Multiracial Americans), and 46% of those designated "some other race".

In the 2000 Census and subsequent United States Census Bureau surveys, Americans self-described as belonging to these racial groups:

  • White American, European American, or Middle Eastern American: those having origins in any of the original peoples of Europe, the Middle East, or North Africa.
  • Black or African American: those having origins in any of the native peoples of Sub-Saharan Africa.
  • Native American or Alaska Native: those having origins in any of the original peoples of North, Central and South America, irrespective of whether they maintain tribal affiliation or community attachment.
  • Asian American: those having origins in any of the original peoples of the Far East, Central Asia, North Asia, Southeast Asia, and the Indian subcontinent.
  • Native Hawaiians or Other Pacific Islander: those having origins in any of the original peoples of Polynesia, Melanesia, or Micronesia.
  • Middle Eastern American: Following consultations with MENA organizations, the Census Bureau announced in 2014 that it would establish a new MENA ethnic category for populations from the Middle East, North Africa and the Arab world.
  • Some other race: respondents may write how they identify themselves, if different from the preceding categories (e. g. Roma or Aborigine). However, 95% of the people who report in this category are Hispanic Mestizos. This is not a standard OMB race category. Responses have included mixed-race terms such as Métis, Creole, and Mulatto, which are generally considered to be categories of multi-racial ancestry, but, write-in entries reported in the 2000 census also included nationalities (as opposed to ethnicities), such as South African, Belizean, or Puerto Rican, as well as other terms for mixed-race groups like Wesort, Melungeon, mixed, interracial, and others.
  • Two or more races (multiracial): those who check off and/or write in more than one race. There is no option labelled "two or more races" or "multiracial" on census and other forms; people who report more than one of the foregoing six options are classified as people of "two or more races" in subsequent processing. Any respondent may identify with any number, up to all six, of the racial categories.

'Even though there is a broad scientific agreement that essentialist and typological conceptualizations of race are untenable, scientists around the world continue to conceptualize race in widely differing ways, some of which have essentialist implications. While some researchers sometimes use the concept of race to make distinctions among fuzzy sets of traits or observable differences in behaviour that has not been invalidated as a taxonomic construct, others in the scientific community suggest that the idea of race often is used in a naive or simplistic way, and argue that, among humans, race has no taxonomic significance by pointing out that all living humans belong to the same species, Homo sapiens, and subspecies, Homo sapiens sapiens.

Since the second half of the 20th century, the association of race with the ideologies and theories that grew out of the work of 19th-century anthropologists and physiologists has led to the use of the word race itself becoming problematic. Although still used in general contexts, race has often been replaced by less ambiguous and emotionally charged synonyms: populations, people(s), ethnic groups, or communities, depending on context. When people define and talk about a particular conception of race, they create a social reality through which social categorization is achieved. In this sense, races are said to be social constructs. These constructs develop within various legal, economic, and sociopolitical contexts, and may be the effect, rather than the cause, of major social situations. While race is understood to be a social construct by many, most scholars agree that race has real material effects in the lives of people through institutionalized practices of preference and discrimination. Socioeconomic factors, in combination with early but enduring views of race, have led to considerable suffering within disadvantaged racial groups. Racial discrimination often coincides with racist mindsets, whereby the individuals and ideologies of one group come to perceive the members of an outgroup as both racially defined and morally inferior. As a result, racial groups possessing relatively little power often find themselves excluded or oppressed, while hegemonic individuals and institutions are charged with holding racist attitudes. Racism has led to many instances of tragedy, including slavery and genocide.

According to Smedley and Marks the European concept of "race", along with many of the ideas now associated with the term, arose at the time of the scientific revolution, which introduced and privileged the study of natural kinds, and the age of European imperialism and colonization which established political relations between Europeans and peoples with distinct cultural and political traditions. As Europeans encountered people from different parts of the world, they speculated about the physical, social, and cultural differences among various human groups. The rise of the Atlantic slave trade, which gradually displaced an earlier trade in slaves from throughout the world, created a further incentive to categorize human groups in order to justify the subordination of African slaves. Drawing on Classical sources and upon their own internal interactions—for example, the hostility between the English and Irish powerfully influenced early European thinking about the differences between people —Europeans began to sort themselves and others into groups based on physical appearance, and to attribute to individuals belonging to these groups behaviors and capacities which were claimed to be deeply ingrained. A set of folk beliefs took hold that linked inherited physical differences between groups to inherited intellectual, behavioral, and moral qualities.'

+ Race (human categorization):
+ https://en.wikipedia.org/wiki/Race_(human_categorization)
+ Demography of the United States (2017):
+ https://en.wikipedia.org/wiki/Demography_of_the_United_States

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US Religions

+ Major Religions in the United States by Percentage (2007):
+ https://en.wikipedia.org/wiki/Demography_of_the_United_States

'An ethnic group or ethnicity is a category of people who identify with each other based on similarities, such as common ancestral, language, social, cultural or national experiences. Unlike other social groups (wealth, age, hobbies), ethnicity is often an inherited status based on the society in which one lives. In some cases, it can be adopted if a person moves into another society. Membership of an ethnic group tends to be defined by a shared cultural heritage, ancestry, origin myth, history, homeland, language or dialect, symbolic systems such as religion, mythology and ritual, cuisine, dressing style, art, and physical appearance.'

+ Ethnic Group:
+ https://en.wikipedia.org/wiki/Ethnic_group

'In the United States since its early history, Native Americans, African Americans, and European Americans were classified as belonging to different races. For nearly three centuries, the criteria among whites for membership in these groups were similar, comprising a person's appearance, his known non-European ancestry, and his social circle. The criteria for membership in these races diverged in the late 19th century. During and after Reconstruction, after the emancipation of slaves after the Civil War, in the effort to restore white supremacy in the South, whites began to classify anyone with "one drop" of "black blood", or known African ancestry, to be black. Such a legal definition was not put into law until the early 20th century in most southern states, but many established racial segregation of facilities during the Jim Crow era, after white Democrats regained control of state legislatures in the South.'

+ Race and Ethnicity in the United States:
+ https://en.wikipedia.org/wiki/Race_and_ethnicity_in_the_United_States

Fifteen Largest Ancestries in the United States in the 2010 census.

  1. German: 49,206,934 (17.1 %)
  2. African American: 45,284,752 (14.6 %)
  3. Irish: 35,523,082 (11.6 %)
  4. Mexican: 31,789,483 (10.9 %)
  5. English: 26,923,091 (9.0 %)
  6. American: 19,911,467 (6.7 %)
  7. Italian: 17,558,598 (5.9 %)
  8. Polish: 9,739,653 (3.0 %)
  9. French: 9,136,092 (2.9 %)
  10. Scottish: 5,706,263 (1.9 %)
  11. Scotch-Irish: 5,102,858 (1.7 %)
  12. Native American and Alaskan Native: 4,920,336 (1.6 %)
  13. Dutch: 4,810,511 (1.6 %)
  14. Puerto Rican: 4,607,774 (1.5 %)
  15. Norwegian: 4,557,539 (1.5 %)

'Nationality is the legal relationship between a person and a state. Nationality affords the state jurisdiction over the person and affords the person the protection of the state. What these rights and duties are vary from state to state.By custom and international conventions, it is the right of each state to determine who its nationals are. Such determinations are part of nationality law. In some cases, determinations of nationality are also governed by public international law—for example, by treaties on statelessness and the European Convention on Nationality. Nationality differs technically and legally from citizenship, which is a different legal relationship between a person and a country. The noun national can include both citizens and non-citizens. The most common distinguishing feature of citizenship is that citizens have the right to participate in the political life of the state, such as by voting or standing for election. However, in most modern countries all nationals are citizens of the state, and full citizens are always nationals of the state. In English and some other languages, the word nationality is sometimes used to refer to an ethnic group (a group of people who share a common ethnic identity, language, culture, descent, history, and so forth). This meaning of nationality is not defined by political borders or passport ownership and includes nations that lack an independent state (such as the Scots, Welsh, English, Basques, Kurds, Kabyles, Tamils, Hmong, Inuit, Māori and Sikhs). Individuals may also be considered nationals of groups with autonomous status which have ceded some power to a larger government.'

+ Nationality:
+ https://en.wikipedia.org/wiki/Nationality

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+ The Clash - "Christmas Time - Use a Calculator!" - Capitol Theatre (1980):
+ https://www.youtube.com/watch?v=an07luxpiXY

RELATED LINKS:
+ https://en.wikipedia.org/wiki/History_of_laws_concerning_immigration_and_naturalization_in_the_United_States
+ https://en.wikipedia.org/wiki/List_of_United_States_immigration_laws
+ http://www.fairus.org/facts/us_laws

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Shepard Fairey - Greater than Fear

"Deculturalization is the process by which an ethnic group is forced to abandon its language, culture, and customs. It is the destruction of the culture of a dominated group and its replacement by the culture of the dominating group."
+ Deculturalization: https://en.wikipedia.org/wiki/Deculturalization

Apartheid Era Immigration Laws:

"The Immigration Act of 1903, also called the Anarchist Exclusion Act, was a law of the United States regulating immigration. It codified previous immigration law, and added four inadmissible classes: anarchists, people with epilepsy, beggars, and importers of prostitutes."

+ The Immigration Act of 1903 (The Anarchist Exclusion Act):
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1903

'The Burke Act (1906), also known as the Forced Fee Patenting Act, amended the Dawes Act of 1887 (formally known as the General Allotment Act ("GAA"), under which the communal land held by tribes on the Indian reservations was broken up and distributed in severalty to individual households of tribal members. It required the government to assess whether individuals were "competent and capable" before giving them free simple patents to their allotted land. Because the federal government believed that most Indians were not prepared for United States citizenship, the act further provided that citizenship not be granted to Native American individuals until at the time of the final validation of their trust patents, at the end of the probationary period of 25 years, instead of upon the receipt of the trust patents, as stated in the Dawes Act. It was named for U. S. Congressman Charles H. Burke.

Studies have shown that Bureau of Indian Affairs officials tended first to classify people as 'competent and capable' if they were of mixed-race (with some European ancestry). These allotees were deemed ‘competent’ because BIA officials believed that their European ancestry made them mentally superior, that they were more likely to be assimilated culturally, and therefore they were able to take responsibility of their land. Allowing officials to assess competence made administration of the act more subjective, increasing the exclusionary power of the Secretary of Interior and inviting corruption among those with an opportunity to profit by gaining Indian-owned land. Although the act gave power to the allotee to decide whether to keep or sell the land, provided the harsh economic reality of the time, and lack of access by many Native Americans on reservations to credit and markets, liquidation of Indian-owned lands was almost inevitable. The Department of Interior officials associated with this program expected that virtually 95% of fee patented land would eventually be sold to whites. The following passage from the 1913 annual report from the Pine Ridge Indian Reservation reveals that the supervisor of the reservation expected eventual dispossession of land after individual Lakota people had been issued fee patent. The Bureau of Indian Affairs (BIA) reservation superintendent characterized this result as a ‘valuable lesson.’

The Burke Act was amended to postpone granting of citizenship to Native American individuals in cases related to land allotments until the conclusion of a 25-year probationary period, at the end of which their trust patents would receive final validation. This had numerous adverse results. For one, effectively this meant that Native Americans were given some tools to participate in United States society in an assimilated way (by holding private lands) but they were excluded as voters from the political system and could not draw on it, even to gain help from Congressional or state representatives, to help them through problems arising from the lucrative markets in land.'

+ The Burke Act of 1906 (The Forced Fee Patenting Act):
+ https://en.wikipedia.org/wiki/Burke_Act

'The Immigration Act of 1917 (also known as the Literacy Act and less often as the Asiatic Barred Zone Act) was the most sweeping immigration act the United States had passed to date. It was the first bill aimed at restricting, as opposed to regulating, immigrants and marked a turn toward nativism. The law imposed literacy tests on immigrants, created new categories of inadmissible persons and barred immigration from the Asia-Pacific Zone. It governed immigration policy until amended by the Immigration and Nationality Act of 1952 also known as the McCarran–Walter Act.

On February 5, 1917, the United States Congress passed the Immigration Act of 1917 with an overwhelming majority, overriding President Woodrow Wilson's December 14, 1916, veto. This act added to and consolidated the list of undesirables banned from entering the country, including: "alcoholics", "anarchists", "contract laborers", "criminals and convicts", "epileptics", "feebleminded persons", "idiots", "illiterates", "imbeciles", "insane persons", "paupers", "persons afflicted with contagious disease", "persons being mentally or physically defective", "persons with constitutional psychopathic inferiority", "political radicals", "polygamists", "prostitutes" and "vagrants".

For the first time, an immigration law of the U.S. impacted European immigration with the provision barring all immigrants over the age of sixteen who were illiterate. Literacy was defined by being able to read 30-40 words of their own language from an ordinary text. The Act reaffirmed the ban on contracted labor, but made a provision for temporary labor, which allowed laborers to obtain temporary permits, because they were inadmissible as immigrants. The waiver program, enabled continued recruitment of Mexican agricultural and railroad workers. Legal interpretation on the terms "mentally defective" and "persons with constitutional psychopathic inferiority" effectively included a ban on homosexual immigrants who admitted their orientation. One section of the law designated an "Asiatic Barred Zone", from which people could not immigrate, and included much of Asia and the Pacific Islands. The zone was described on longitudinal and latitudinal lines, excluding immigrants from Afghanistan, the Arabian Peninsula, Asiatic Russia, India, Malaysia, Myanmar, and the Polynesian Islands. Neither Japan nor the Philippines were included in the banned zone. The law also increased the head tax to $8 per person and eliminated the exclusion of paying the head tax from Mexican workers.'

+ The Immigration Act of 1917 (The Literacy Act / The Asiatic Barred Zone Act):
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1917

'The Espionage Act of 1917 is a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I. It has been amended numerous times over the years. It was originally found in Title 50 of the U.S. Code (War) but is now found under Title 18, Crime. Specifically, it is 18 U.S.C. ch. 37 (18 U.S.C. § 792 et seq.) It was intended to prohibit interference with military operations or recruitment, to prevent insubordination in the military, and to prevent the support of United States enemies during wartime. Among those charged with offences under the Act are German-American socialist congressman and newspaper editor Victor L. Berger, labour leader and four time Socialist Party of America candidate, Eugene V. Debs, anarchists Emma Goldman and Alexander Berkman, former Watch Tower Bible & Tract Society president Joseph Franklin Rutherford, communists Julius and Ethel Rosenberg, Pentagon Papers whistleblower Daniel Ellsberg, Cablegate whistleblower Chelsea Manning, and National Security Agency (NSA) contractor and whistleblower Edward Snowden. Rutherford's conviction was overturned on appeal. Although the most controversial sections of the Act, a set of amendments commonly called the Sedition Act of 1918, were repealed on March 3, 1921, the original Espionage Act was left intact.

During the Red Scare of 1918–19, in response to the 1919 anarchist bombings aimed at prominent government officials and businessmen, U.S. Attorney General A. Mitchell Palmer, supported by J. Edgar Hoover, then head of the Justice Department's Enemy Aliens Registration Section, used the Sedition Act of 1918, which extended the Espionage Act to cover a broader range of offenses, to deport several hundred foreign-born in the U.S., including Emma Goldman, to the Soviet Union on a ship the press called the "Soviet Ark". The Act was used in 1942 to deny a mailing permit to Charles Coughlin's weekly Social Justice, effectively ending its distribution to subscribers. It was part of Attorney General Francis Biddle's attempt to close down what he called "vermin publications". In August 1950, Julius and Ethel Rosenberg were indicted under Title 50, sections 32a and 34, in connection with giving nuclear secrets to the Soviet Union. Anatoli Yakovlev was indicted as well. In 1951, Morton Sobell and David Greenglass were indicted. After a controversial trial in 1951, the Rosenbergs were sentenced to death. The sentence was carried out in 1953.

In June 1971, Daniel Ellsberg and Anthony Russo were charged with a felony under the Espionage Act of 1917, because they lacked legal authority to publish classified documents that came to be known as the Pentagon Papers. The Supreme Court in New York Times Co. v. United States found that the government had not made a successful case for prior restraint of Free Speech, but a majority of the justices ruled that the government could still prosecute the Times and the Post for violating the Espionage Act in publishing the documents. Ellsberg and Russo were not acquitted of violating the Espionage Act, but were freed due to a mistrial based on irregularities in the government's case.'

+ The Espionage Act of 1917:
+ https://en.wikipedia.org/wiki/Espionage_Act_of_1917
+ The Trading with the Enemy Act of 1917 (TWEA):
+ https://en.wikipedia.org/wiki/Trading_with_the_Enemy_Act_of_1917
+ The Defense Secrets Act of 1911:
+ https://en.wikipedia.org/wiki/Defense_Secrets_Act_of_1911

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Texas Rangers

'Much of the ranch lands had been in Tejano families for generations, but that didn’t please some whites arriving from the Midwest and elsewhere, said Monica Muñoz Martinez, assistant professor of American studies and ethnic studies at Brown University. “They said in the South, brown people are people who don’t own land or vote,” Martinez said. The conflict over land was exacerbated with the start of the Mexican Revolution in 1910, the political upheaval it brought and cross-border raids that were associated with it. Unfortunately, the state and federal governments were less than discerning in their response, the scholars said.

“It provided an excuse for the American government to label anybody who crossed over looking like a Mexican a 'bandit,' a 'bandido,' ” Gonzalez said. Texas sent the Rangers to the border, where they killed Tejanos with little fear of repercussion, said Benjamin Johnson, an assistant professor of history at Loyola University Chicago. “It’s really a horror show,” he said. “The biggest thing you’re afraid for is your own life.” It’s been hard to nail down how many were killed in the violence. Johnson said that with more than 100 killed between 1915 and 1916 in Cameron County alone, the total death toll along the entire border throughout the decade is likely to be about 1,000.

The panelists stressed that history is complex and that this is not a simple narrative of white-on-brown violence. Rangers were killed in reprisals, some whites tried to stop the bloodshed and Tejanos in some instances killed each other, they said. But that doesn’t change the fact that state leaders were fully aware that the Rangers were pushing Tejanos off their land and subjecting them to the most ruthless treatment, the panelists said. There were even calls to force Tejanos into “concentration camps,” Johnson said. A series of 1919 legislative hearings found that the Rangers acted improperly, but nobody was charged criminally.'

+ Scholars: State admits Rangers' violent past (2016):
+ http://www.elpasotimes.com/story/news/2016/01/21/scholars-state-admits-rangers-violent-past/79142516/
+ https://www.thestoryoftexas.com/visit/exhibits/life-and-death-on-the-border-1910-1920

'During World War I, officials at the Department of Justice were frustrated in the attempts to suppress anarchist activity by their inability to convict even self-professed anarchists under current legislation, notably the Immigration Act of 1903 and the Immigration Act of 1917. U.S. authorities in the Wilson administration determined that their best opportunity to detain and remove foreign-born anarchists, antiwar protesters, and members of radical labor unions such as the Industrial Workers of the World from the United States lay in the authority of the Department of Immigration to deport individuals under an extremely broad definition of anarchism, this time using administrative procedures that did not require due process. Working together, officials at the Department of Justice and the Bureau of Immigration drafted legislation designed to remedy the defects in current legislation by defining anarchism broadly enough to cover all forms activity related to its advocacy, including membership in or affiliation with any organization or group that advocated opposition to all forms of organized government. The new legislation removed the provision in prior law that aliens who had resided in the United States for more than 5 years were not subject to deportation.'

+ The Immigration Act of 1918 (The Dillingham-Hardwick Act):
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1918

'The Sedition Act of 1918 (Pub.L. 65–150, 40 Stat. 553, enacted May 16, 1918) was an Act of the United States Congress that extended the Espionage Act of 1917 to cover a broader range of offenses, notably speech and the expression of opinion that cast the government or the war effort in a negative light or interfered with the sale of government bonds. The Sedition Act of 1918 stated that people or countries cannot say negative things about the government or the war. It forbade the use of "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces or that caused others to view the American government or its institutions with contempt. Those convicted under the act generally received sentences of imprisonment for five to 20 years. The act also allowed the Postmaster General to refuse to deliver mail that met those same standards for punishable speech or opinion. It applied only to times "when the United States is in war."'

+ The Sedition Act of 1918:
+ https://en.wikipedia.org/wiki/Sedition_Act_of_1918

'The Emergency Quota Act, also known as the Emergency Immigration Act of 1921, the Immigration Restriction Act of 1921, the Per Centum Law, and the Johnson Quota Act (ch. 8, 42 Stat. 5 of May 19, 1921) restricted immigration into the United States. Although intended as temporary legislation, the Act "proved in the long run the most important turning-point in American immigration policy" because it added two new features to American immigration law: numerical limits on immigration and the use of a quota system for establishing those limits. These limits came to be known as the National Origins Formula. The Emergency Quota Act restricted the number of immigrants admitted from any country annually to 3% of the number of residents from that same country living in the United States as of the U.S. Census of 1910. This meant that people from northern European countries had a higher quota and were more likely to be admitted to the U.S. than people from eastern Europe, southern Europe, or other, non-European countries. Professionals were to be admitted without regard to their country of origin. The Act set no limits on immigration from Latin America. The act did not apply to countries with bilateral agreements with the US, or to Asian countries listed in the Immigration Act of 1917, known as the Asiatic Barred Zone Act.

Based on that formula, the number of new immigrants admitted fell from 805,228 in 1920 to 309,556 in 1921-22. The average annual inflow of immigrants prior to 1921 was 175,983 from Northern and Western Europe, and 685,531 from other countries, principally Southern and Eastern Europe. In 1921, there was a drastic reduction in immigration levels from other countries, principally Southern and Eastern Europe. Following the end of World War I, both Europe and the United States were suffering economic and social upheaval. In Europe, the destruction of the war, the Russian Revolution, and the dissolution of both the Austro-Hungarian Empire and Ottoman Empire led to greater immigration to the United States, while in the United States an economic downturn following post-war demobilization increased unemployment. The combination of increased immigration from Europe at the time of higher American unemployment strengthened the anti-immigrant movement. The act, sponsored by Rep. Albert Johnson (R-Washington), was passed without a recorded vote in the U.S. House of Representatives and by a vote of 90-2-4 in the U.S. Senate.'

+ The Emergency Immigration Act of 1921 (The Emergency Quota Act / The Immigration Restriction Act of 1921 / The Per Centum Law / The Johnson Quota Act):
+ https://en.wikipedia.org/wiki/Emergency_Quota_Act

PAID ADVERTISEMENT:

Brownsville Massacres

'The Bullock Museum of State History of Texas, Austin, inaugurated this weekend the exhibition "Life and Death in the Border 1910-1920", which explores a decade of violence in this entity. In Texas there were some of the worst episodes of racial discrimination against Mexicans in US history. From 1910 to 1920, Rangers or vigilantes killed hundreds, possibly thousands of Mexicans and Texans of Hispanic origin living in South Texas. Some of the victims were Mexican bandits or revolutionaries who committed crimes on the US side, but many of them were innocent people trapped in the crossfire... The exhibition illustrates everyday life in the border region at the beginning of the last century through clothing, family photographs and everyday objects. While postcards, newspaper articles, and eyewitness accounts document violence at the hands of the Texas Rangers, experienced by many residents of the region.

During the decade of 1910-1920, much of the attention of Americans focused abroad on the developments of World War I, but at the same time the border between Texas and Mexico experienced a brutal conflict. At the dawn of the twentieth century railroads and roads brought more Anglo settlers to Texas and Mexican landowners lost thousands of hectares of land. This, along with the rebellion against the government in northern Mexico, led to political and economic turmoil. By the time the Mexican Revolution broke out in 1910, tensions had escalated and violence had spilled over the Texas border. People of Mexican descent were increasingly seen as potential threats to national and state stability, and became the targets of some of the worst episodes of state-sanctioned violence in US history.

Texas Gov. James Ferguson called on the Texas Rangers to restore order at the border. Around 1915 the Rangers were sent to get rid of the Mexican revolutionaries perceived in Texas as rioters. However, according to historians, the Rangers and other authorities killed anyone they considered a suspect. The Rangers lacked rules and regulations. Their ranks were composed of men of different origins who received little salary and who were at the capricious will of the governor. The situation came to such a degree that in 1919 the Texas legislature was forced to intervene, investigating some of the killings, taking testimony from local residents and ordering the ranks of the Rangers to be reduced in number. The exhibition at the Bullock Museum illustrates with photographs the militarization of the Texas border region during that period. "Life and Death on the Border 1910-1920" will be on display until April 3 at the Gallery of the Rotunda in the Museum.'

+ Austin Museum Opens Exhibition on Race Violence in Texas (2016):
+ http://www.noticiasmvs.com/#!/noticias/museo-en-austin-inaugura-exposicion-sobre-violencia-racial-en-texas-717
+ https://www.thestoryoftexas.com/visit/exhibits/life-and-death-on-the-border-1910-1920

'The Immigration Act of 1924, or Johnson–Reed Act, including the National Origins Act, and Asian Exclusion Act (Pub.L. 68–139, 43 Stat. 153, enacted May 26, 1924), was a United States federal law that limited the annual number of immigrants who could be admitted from any country to 2% of the number of people from that country who were already living in the United States as of the 1890 census, down from the 3% cap set by the Emergency Quota Act of 1921, which used the Census of 1910. The law was primarily aimed at further restricting immigration of Southern Europeans and Eastern Europeans. In addition, it severely restricted the immigration of Africans and outright banned the immigration of Arabs and Asians. According to the U.S. Department of State Office of the Historian the purpose of the act was "to preserve the ideal of American homogeneity". But though the Act aimed at preserving American racial homogeneity, it set no limits on immigration from other countries of the Americas. Congressional opposition was minimal.

The Immigration Act made permanent the basic limitations on immigration into the United States established in 1921 and modified the National Origins Formula established then. In conjunction with the Immigration Act of 1917, it governed American immigration policy until the passage of the Immigration and Nationality Act of 1952, which revised it completely. For the next four years, until June 30, 1927, the 1924 Act set the annual quota of any nationality at 2% of the number of foreign-born persons of such nationality resident in the United States in 1890. That revised formula reduced total immigration from 357,803 in 1923–24 to 164,667 in 1924–25, whether 522,470 immigrants. The law's impact varied widely by country. Immigration from Great Britain and Ireland fell 19%, while immigration from Italy fell more than 90%.

The Act controlled undesirable immigration by establishing quotas. The Act barred specific origins from the Asia–Pacific Triangle, which included Japan, China, the Philippines (then under U.S. control), Siam (Thailand), French Indochina (Laos, Vietnam, and Cambodia), Singapore (then a British colony), Korea, the Dutch East Indies (Indonesia), Burma (Myanmar), India, Ceylon (Sri Lanka) and Malaya (mainland part of Malaysia). Based on the Naturalization Acts of 1790 and 1870, only people of white or African descent were eligible for naturalization, and the Act forbade further immigration of any persons ineligible to be naturalized. The Act set no limits on immigration from Latin American countries.

The 1924 Act also established the "consular control system" of immigration, which divided responsibility for immigration between the State Department and the Immigration and Naturalization Service. It mandated that no alien should be allowed to enter the United States without a valid immigration visa issued by an American consular officer abroad. It provided that no alien ineligible to become a citizen could be admitted to the United States as an immigrant. This was aimed primarily at Japanese and Chinese aliens. It imposed fines on transportation companies who landed aliens in violation of U.S. immigration laws. It defined the term "immigrant" and designated all other alien entries into the United States as "non-immigrant", that is, temporary visitors. It established classes of admission for such non-immigrants.

Proponents of the Act sought to establish a distinct American identity by favoring native-born Americans over Jews, Southern Europeans, and Eastern Europeans in order to "maintain the racial preponderance of the basic strain on our people and thereby to stabilize the ethnic composition of the population". Reed told the Senate that earlier legislation "disregards entirely those of us who are interested in keeping American stock up to the highest standard – that is, the people who were born here". Southern/Eastern Europeans and Jews, he believed, arrived sick and starving and therefore less capable of contributing to the American economy, and unable to adapt to American culture.

People who supported the 1924 Immigration Act often used eugenics as justification for restriction of certain races or ethnicities of people in order to prevent the spread of feeblemindedness in American society. Some of the law's strongest supporters were influenced by Madison Grant and his 1916 book, The Passing of the Great Race. Grant was a eugenicist and an advocate of the racial hygiene theory. His data purported to show the superiority of the founding Nordic races. The law sharply curtailed immigration from those countries that were previously host to the vast majority of the Jews in America, almost 75% of whom immigrated from Russia alone.

Because Eastern European immigration only became substantial in the final decades of the 19th century, the law's use of the population of the United States in 1890 as the basis for calculating quotas effectively made mass migration from Eastern Europe, where the vast majority of the Jewish diaspora lived at the time, impossible. Lobbyists from California, where a majority of Japanese and other East Asian immigrants had settled, were especially concerned with excluding Asian immigrants. An 1882 law had already put an end to Chinese immigration, but as Japanese (and, to a lesser degree, Korean and Filipino) laborers began arriving and putting down roots in Western states, an exclusionary movement formed in reaction to the "Yellow Peril."'

+ The Immigration Act of 1924 (The Johnson–Reed Act / The National Origins Act / The Asian Exclusion Act):
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1924
+ https://en.wikipedia.org/wiki/Yellow_Peril

PAID ADVERTISEMENT:

Indian Citizenship Act of 1924

'The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative Homer P. Snyder (R) of New York and granted full U.S. citizenship to America's indigenous peoples, called "Indians" in this Act. While the Fourteenth Amendment to the United States Constitution defined as citizens any person born in the U.S., the amendment had been interpreted to restrict the citizenship rights of most Native people. The act was signed into law by President Calvin Coolidge on June 2, 1924. It was enacted partially in recognition of the thousands of Indians who served in the armed forces during World War I... Even Native Americans who were granted citizenship rights under the 1924 Act may not have had full citizenship and suffrage rights until 1948. According to a survey by the Department of Interior, seven states still refused to grant Indians voting rights in 1938. Discrepancies between federal and state control provided loopholes in the Act’s enforcement. States justified discrimination based on state statutes and constitutions. Three main arguments for Indian voting exclusion were Indian exemption from real estate taxes; maintenance of tribal affiliation; and the notion that Indians were under guardianship, or lived on lands controlled by federal trusteeship. By 1947 all states with large Indian populations, except Arizona and New Mexico, had extended voting rights to Native Americans who qualified under the 1924 Act. Finally, in 1948, the states withdrew their prohibition on Indian voting because of a judicial decision. Under the 1924 Act, indigenous people did not have to apply for citizenship, nor did they have to give up their tribal citizenship to become a U.S. citizen. Most tribes had communal property, and to have a right to the land, individual Indian people needed to belong to the tribe. Thus, dual citizenship was allowed.'

+ Indian Citizenship Act of 1924:
+ https://en.wikipedia.org/wiki/Indian_Citizenship_Act

'The Passport Act of 1926, 22 U.S.C § 211, is a United States statue authorizing the issuance of United States passports and visas for a validity of two years from the issue date. The Act of Congress provided the United States Department of State authority to limit the duration of a passport or visa in accordance with the Immigration Act of 1924. The H.R. 12495 legislation was passed by the 69th U.S. Congressional session and enacted into law by the 30th President of the United States Calvin Coolidge on July 3, 1926.'

+ The Passport Act of 1926:
+ https://en.wikipedia.org/wiki/Passport_Act_of_1926
+ https://en.wikisource.org/wiki/United_States_Statutes_at_Large/Volume_44/69th_Congress/1st_Session/Chapter_772

'The Indian Reorganization Act of June 18, 1934, or the Wheeler-Howard Act, was U.S. federal legislation that dealt with the status of Native Americans (known in law as American Indians or Indians). It was the centerpiece of what has been often called the "Indian New Deal". The major goal was to reverse the traditional goal of assimilation of Indians into American society, and to strengthen, encourage and perpetuate the tribes and their historic traditions and culture. The Act also restored to Indians the management of their assets—land and mineral rights—and included provisions intended to create a sound economic foundation for the inhabitants of Indian reservations. The law did not apply to Hawaii; Alaska and Oklahoma was added under another law in 1936. (Native American tribes in Oklahoma had their land allotted and land title extinguished, so did not have any reservations left.) The census counted 332,000 Indians in 1930 and 334,000 in 1940, including those on and off reservations in the 48 states.

At the time the Act passed, it was United States policy to eliminate Indian reservations, dividing the communal territory and allotting 160-acre plots to individual heads of households, to be owned in severalty. Before allotment, reservation territory was not owned in the usual European-American sense, but was reserved for the benefit of entire Indian tribes. The communal benefits were apportioned to tribe members according to tribal law and custom. Generally, Indians held the land in a communal fashion. Non-Indians were not allowed to own land on reservations, a fact which limited the value of the land to the Indians. (It reduced the market for it). The process of allotment started with the General Allotment Act of 1887. By 1934, two thirds of Indian land had converted to traditional private ownership (i.e. it was owned in fee simple). Most of that had been sold by Indian allottees, often because they had no means to pay local taxes on the lands, for which they were newly responsible. The IRA provided a mechanism for the recovery of land that had been sold—including land that had been sold to tribal Indians. They would lose individual property under the law.

The act slowed the practice of allotting communal tribal lands to individual tribal members. It did not restore to Indians land that had already been patented to individuals, but much land at the time was still unallotted or was allotted to an individual but still held in trust for that individual by the U.S. government. Because the Act did not disturb existing private ownership of Indian reservation lands, it left reservations as a checkerboard of tribal or individual trust and fee land, which remains the case today. However, the Act also allowed the U.S. to purchase some of the fee land and restore it to tribal trust status. Due to the Act and other actions of federal courts and the government, more than two million acres (8,000 km²) of land were returned to various tribes in the first 20 years after passage. In 1954, the United States Department of the Interior (DOI) began implementing the termination and relocation phases of the Act, which had been added by Congress. These provisions were the result of the continuing interest by some members of Congress in having American Indians assimilate to the majority society. Among other effects, termination resulted in the legal dismantling of 61 tribal nations within the United States and ending their recognized relationships with the federal government. This also ended the eligibility of the tribal nations and their members for various government programs to assist American Indians. Of the "Dismantled Tribes" 46 regained their legal status as indigenous communities.'

+ The Indian Reorganization Act of 1934 (The Wheeler-Howard Act):
+ https://en.wikipedia.org/wiki/Indian_Reorganization_Act

'The Equal Nationality Act of 1934 was an American law which allowed foreign-born children of American mothers and alien fathers who had entered America before age 18 and lived in America for five years to apply for American citizenship for the first time. It also made the naturalization process quicker for American women's alien husbands. This law equalized expatriation, immigration, naturalization, and repatriation between women and men. However, it was not applied retroactively, and was modified by later laws, such as the Nationality Act of 1940.'

+ The Equal Nationality Act of 1934:
+ https://en.wikipedia.org/wiki/Equal_Nationality_Act_of_1934

'The Foreign Agents Registration Act (FARA) is a United States law (22 U.S.C. § 611 et seq.) passed in 1938 requiring that agents representing the interests of foreign powers in a "political or quasi-political capacity" disclose their relationship with the foreign government and information about related activities and finances. The purpose is to facilitate "evaluation by the government and the American people of the statements and activities of such persons." The law is administered by the FARA Registration Unit of the Counterespionage Section (CES) in the National Security Division (NSD) of the United States Department of Justice. As of 2007 the Justice Department reported there were approximately 1,700 lobbyists representing more than 100 countries before Congress, the White House and the federal government.

The Act originally was administered by the Department of State until transferred to the Department of Justice in 1942. From passage in 1938 until 1966 when the Act was amended, enforcement focused on propagandists for foreign powers, even if it was not "for or on behalf of" those powers. It was used in 23 criminal cases during World War II. For cases not warranting prosecution, the Department of Justice sent letters advising prospective agents of the law. In 1966 the Act was amended and narrowed to emphasize agents actually working with foreign powers who sought economic or political advantage by influencing governmental decision-making. The amendments shifted the focus of the law from propaganda to political lobbying and narrowed the meaning of "foreign agent". From that moment on, an organization (or person) could only be placed in the FARA database if the government proved that it (or he or she) was acting "at the order, request, or under the direction or control, of a foreign principal" and proved that it (or he or she) was engaged "in political activities for or in the interests of such foreign principal," including by "represent[ing] the interests of such foreign principal before any agency or official of the Government of the United States." This increased the government's burden of proof; since 1966 there have been no successful criminal prosecutions under the FARA act.'

+ The Foreign Agents Registration Act of 1938 (FARA):
+ https://en.wikipedia.org/wiki/Foreign_Agents_Registration_Act

PAID ADVERTISEMENT:

Pith Helmets

'Texans had divergent reactions to revolution in Mexico. Life and Death on the Border 1910-1920 re-examines historic events in Texas during which some of the worst state-sanctioned racial violence in the U.S. occurred. Photographs, postcards, court documents, and rare artifacts, including a silver-trimmed saddle belonging to Francisco "Pancho" Villa, are now on view. Family heirlooms, field tools, Texas Ranger artifacts, and a decoded page of a diplomatic telegram sent to Mexico from Germany help illustrate the international context, cultures, and life along the Texas Mexico border at the turn of the 20th century. The search for justice inspired a renaissance of Tejano literature, art, and music, and influenced the creation of the Mexican American civil rights movement. Illustrations, posters, paintings, and a music listening station with recordings of música Tejana portray the formation of the League of United Latin American Citizens (LULAC) in 1929 and the Chicano movement that flourished in the 1970s.'

+ LIFE AND DEATH ON THE BORDER 1910–1920 (2016):
+ https://www.thestoryoftexas.com/visit/exhibits/life-and-death-on-the-border-1910-1920

'The Nationality Act of 1940 (H.R. 9980; Pub.L. 76-853; 54 Stat. 1137) revised numerous provisions of law relating to American citizenship and naturalization. It was enacted by the 76th Congress of the United States and signed into law on October 14, 1940, a year after World War II had begun in Europe, but before the U.S. entered the war. The law revised "the existing nationality laws of the U.S. into a more complete nationality code"; it defined those persons who were "eligible for citizenship through birth or naturalization" and clarified "the status of individuals and their children born or residing in the continental U.S., its territories such as Alaska, Hawaii, Puerto Rico, the Virgin Islands, the Philippines, Panama and the Canal Zone, or abroad." The law furthermore defined who was not eligible for citizenship, and how citizenship could be lost or terminated. This legislation represents the first attempt ever made, since the founding of the United States, to codify and unify all of the U.S. laws relating to nationality and naturalization.

The Act has five chapters to it, each having provisions to what the process was to gain citizenship and to not lose it.

  • Chapter one of the act is the outlying the definition of terms used in the Act.
  • Chapters two and three are the largest parts of the Act and they deal with identifying eligibility for citizenship, and specific residency requirements for people born abroad to one US citizen parent, or non-citizens born in the U.S. or its territories.
  • The third chapter of the act goes into detail about Nationality through naturalization, giving a further clarification of requirements for non-citizens seeking naturalization. It goes into detail with specifications concerning race, ethnicity, and basic verbal English proficiency along with residency requirements outlined. The third chapter leads into the fourth chapter which is about the loss of nationality. Exceptions to the residency and removal of citizenship are made for those away due to military service, employment abroad for the U.S. government, or work as a clergy or nun. Apart from these exceptions in the fourth part of the act there are many possible ways to lose citizenship by those who had gained it, many of which refer to the idea of not showing consistency with being a citizen either by leaving the country for periods of time or by taking up government positions in foreign states.
  • The fifth and final chapter of the document deals with the miscellaneous, one part to that is those who are ineligible for citizenship such as people who oppose or assist organizations that opposed organized government or promote the overthrow of the U.S. government.

Section 401 (later Section 349(a)(8) of the 1952 law) provided that natural-born American citizens would lose their citizenship if convicted of military desertion during time of war. This was struck down by the United States Supreme Court in the case of Trop v. Dulles (1958) as being a violation of the Eighth Amendment prohibition of cruel and unusual punishment. Section 402 of the act provided for loss of citizenship by naturalized citizens who lived abroad.'

+ The Nationality Act of 1940:
+ https://en.wikipedia.org/wiki/Nationality_Act_of_1940

'The Alien Registration Act of 1940 (Smith Act), 76th United States Congress, 3d session, ch. 439, 54 Stat. 670, 18 U.S.C. § 2385 is a United States federal statute enacted June 29, 1940, that set criminal penalties for advocating the overthrow of the U.S. government and required all non-citizen adult residents to register with the government. Approximately 215 people were indicted under the legislation, including alleged communists, anarchists, and fascists. The U.S. government has attempted on several occasions to regulate speech in wartime, beginning with the Alien and Sedition Acts of 1798. During and following World War I, a series of statutes addressed a complex of concerns that included enemy espionage and disruption, anti-war activism, and the radical ideologies of anarchism and Bolshevism, all identified with immigrant communities. Congressional investigations of 'extremist' organizations in 1935 resulted in calls for the renewal of those statutes. The Foreign Agents Registration Act of 1938 addressed a particular concern, but not the general problem.

In the late 1930s, several legislative proposals tried to address sedition itself and the underlying concern with the presence of large numbers of non-citizens, including citizens of countries with which the U.S. might soon be at war. The Smith Act set federal criminal penalties that included fines or imprisonment for as long as twenty years and denied all employment by the federal government for five years following a conviction for anyone who:

"...with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or...organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof."

The Smith Act's prohibition of proselytizing on behalf of revolution repeated language found in previous statutes. It went beyond earlier legislation in outlawing action to "organize any society, group, or assembly" that works toward that end and then extended that prohibition to "membership" or "affiliation"—a term it did not define—with such a group. Because the Supreme Court in Kessler v. Strecker (1939) held that the Immigration Act of 1918 allowed the deportation of an alien only if his membership in a group advocating the violent overthrown of the government had not ceased, the Smith Act allowed for the deportation of any alien who "at the time of entering the United States, or ... at any time thereafter" was a member of or affiliated with such an organization. The Smith Act expanded the grounds for deporting aliens to include weapons violations and abetting illegal immigration. It added heroin to the category of drug violations. The Smith Act required aliens applying for visas to register and be fingerprinted.

Registrations began on August 27, 1940, and the newly created Alien Registration Division of the Immigration and Naturalization Service planned to register between three and three and a half million people at 45,000 post offices by December 26, after which those not registered became subject to the Smith Act's penalties. The Division held the view that registration benefited the alien, who "is now safeguarded from bigoted persecution." The number registered passed 4.7 million by January 1941. After the U.S. declared war in 1941, federal authorities used data gathered from alien registrations to identify citizens of enemy nations and take 2,971 them into custody by the end of the year.[19] A different set of requirements was imposed during the war on enemy aliens, citizens of nations with which the U.S. was at war by presidential proclamations of January 14, 1942, without reference to the Smith Act.

On June 27, 1941, as part of a campaign to end labor militancy in the defense industry, FBI agents raided the Minneapolis and St. Paul offices of the Socialist Workers Party (SWP), a Trotskyist splinter party that controlled Local 544 of the Teamsters union though it had fewer than two thousand members in 30 U.S. cities. The union had grown steadily in the late 1930s, had organized federal relief workers and led a strike against the Works Progress Administration (WPA), a New Deal agency. In mid-July, a federal grand jury indicted 29 people, either members of the SWP or Local 544 of the Teamsters union, or both. SWP defendants included James P. Cannon, Carl Skoglund, Farrell Dobbs, Grace Carlson, Harry DeBoer, Max Geldman, Albert Goldman, and twelve other party leaders. Goldman acted as the defendants' lawyer during the trial. The SWP had been influential in Minneapolis since the Teamsters Strike of 1934. It advocated strikes and the continuation of labor union militancy during World War II under its Proletarian Military Policy. An SWP member edited the Northwest Organizer, the weekly newspaper of the Minneapolis Teamsters, and the local remained militant even as the national union grew more conservative. The CPUSA supported the trial and conviction of Trotskyists under the Smith Act. The defendants were accused of having plotted to overthrow the U.S. government in violation of the unused Sedition Act of 1861 as well as the newly passed Smith Act. The prosecution presented evidence that the accused had amassed a small arsenal of pistols and rifles and conducted target practices and drills. Some had met with Trotsky in Mexico, and many witnesses testified to their revolutionary rhetoric.

The judge ordered that five of the defendants be acquitted on both counts for lack of evidence. The jury found 18 of the defendants guilty of violating the Smith Act either by distributing written material designed to cause insubordination in the armed forces or by advocating the overthrow of the government by force. The American Civil Liberties Union (ACLU) and critics on the left worried that the case created a dangerous precedent. After a ten-month trial at the Foley Square Courthouse in Manhattan, eleven leaders of the Communist Party were convicted under the Smith Act in 1949.[53] Ten defendants received sentences of five years and $10,000 fines. An eleventh defendant, Robert G. Thompson, a distinguished hero of the Second World War, was sentenced to three years in consideration of his military record. The five defense attorneys were cited for contempt of court and given prison sentences. Those convicted appealed the verdicts, and the Supreme Court upheld their convictions in 1951 in Dennis v. United States in a 6-2 decision. Following that decision, the DOJ prosecuted dozens of cases. In total, by May 1956, another 131 communists were indicted, of whom 98 were convicted, nine acquitted, while juries brought no verdict in the other cases. Other party leaders indicted included Claudia Jones and Elizabeth Gurley Flynn, a founding member of the ACLU who had been expelled in 1940 for being a Communist.'

+ The Alien Registration Act of 1940 (The Smith Act):
+ https://en.wikipedia.org/wiki/Smith_Act

'The Luce–Celler Act of 1946 was proposed by Republican Clare Boothe Luce and Democrat Emanuel Celler in 1943 and signed into law by President Harry Truman on July 2, 1946. The act provided a quota of 100 Filipinos, and 100 Indians to immigrate into the United States per year. As the Philippines became independent from the United States in 1946, Filipinos would have been barred from immigrating without the Act. The act also allowed Filipino Americans and Indian Americans to naturalize and become United States citizens. Upon becoming citizens, the new Americans could own homes and farmland, and petition for family from their nation of birth.'

+ The Luce–Celler Act of 1946:
+ https://en.wikipedia.org/wiki/Luce%E2%80%93Celler_Act_of_1946

'The Displaced Persons Act of 1948 (Pub.L. 80–774) authorized for a limited period of time the admission into the United States of certain European displaced persons for permanent residence. The program emerged from the enormous need to handle millions of displaced persons in Europe at the end of World War II. The United States helped fund temporary camps, and admitted large numbers as permanent residents.

Eligible displaced person - any displaced person or refugee as defined by Annex I of the Constitution of the International Refugee Organization. A displaced person is eligible for admission to the United States given the conditions on or after September 1, 1939 and on or before December 22, 1945.

  • Entered Germany, Austria, or Italy
  • Resided in the American sector of Italy
  • Resided in the British sector or French sector of Berlin or Vienna
  • Resided in the American zone, British zone, or French zone of Germany or Austria
  • A victim of persecution by the Nazi government whereas such persons were detained or obliged to flee persecution from Nazi perpetrators and subsequently returned to any of the aforementioned countries as a result of enemy action and of war circumstances.
  • Native of Czechoslovakia who fled from persecution or fear of persecution from that country and any of the aforementioned countries since January 1, 1948.

Immigration visas - limitations of visa quotas for eligible displaced persons as authorized by the Act:

  • Immigration visas shall not exceed two hundred thousand for the first two years from the date the Act is passed by the U.S. 80th Congress.
  • Two thousand visas may be issued without regard to quota limitations to eligible displaced persons as quota immigrants.
  • Eligible displaced orphans may be issued special non-quota immigration visas whereby issuance shall not exceed three thousand.

The Displaced Persons Commission was created with the enactment of the U.S. Senate S. 2242 bill. The Commission provided oversight of the U.S. displaced persons organization from June 25, 1948 through August 31, 1952.'

+ The Displaced Persons Act of 1948:
+ https://en.wikipedia.org/wiki/Displaced_Persons_Act

'The Internal Security Act of 1950, 64 Stat. 987 (Public Law 81-831), also known as the Subversive Activities Control Act of 1950 or the McCarran Act, after its principal sponsor Sen. Pat McCarran (D-Nevada), is a United States federal law. The Act required Communist organizations to register with the United States Attorney General and established the Subversive Activities Control Board to investigate persons suspected of engaging in subversive activities or otherwise promoting the establishment of a "totalitarian dictatorship," either fascist or communist. Members of these groups could not become citizens and in some cases were prevented from entering or leaving the country. Citizens found in violation could lose their citizenship in five years. The Act also contained an emergency detention statute, giving the President the authority to apprehend and detain "each person as to whom there is a reasonable ground to believe that such person probably will engage in, or probably will conspire with others to engage in, acts of espionage or sabotage." It tightened alien exclusion and deportation laws and allowed for the detention of dangerous, disloyal, or subversive persons in times of war or "internal security emergency". The Act made picketing a federal courthouse a felony if intended to obstruct the court system or influence jurors or other trial participants. The bill revoked the passport of the renowned singer and actor Paul Robeson, preventing him from traveling outside the United States. 18 U.S.C. § 793 (e) was later used in several cases that did not involve traditional espionage but rather interactions with the media (or in AIPAC's case, lobbyists). These cases included the Pentagon Papers Russo/Ellsberg case (1972), the Morison case (1985), the AIPAC case (United States v. Franklin, 2005), the Thomas Andrews Drake case (2010), and the Chelsea Manning case (2010).'

+ The Internal Security Act of 1950 (The Subversive Activities Control Act of 1950 / The McCarran Act):
+ https://en.wikipedia.org/wiki/McCarran_Internal_Security_Act

typehost's picture

Shepard Fairey - Defend Dignity

'The original United States Naturalization Law of March 26, 1790 (1 Stat. 103) provided the first rules to be followed by the United States in the granting of national citizenship. This law limited naturalization to immigrants who were free white persons of good character. It thus excluded American Indians, indentured servants, slaves, free blacks, and later Asians. It also provided for citizenship for the children of U.S. citizens born abroad, stating that such children "shall be considered as natural born citizens," the only US statute ever to use the term. It specified that the right of citizenship did "not descend to persons whose fathers have never been resident in the United States." All Native Americans were finally granted citizenship by the Indian Citizenship Act of 1924, whether or not they belonged to a federally recognized tribe; by that date two-thirds of Native Americans were already U.S. citizens.'

+ Naturalization Act of 1790:
+ https://en.wikipedia.org/wiki/Naturalization_Act_of_1790

'The United States Naturalization Act of January 29, 1795 (1 Stat. 414) repealed and replaced the Naturalization Act of 1790. The 1795 Act differed from the 1790 Act by increasing the period of required residence from two to five years in the United States, by introducing the Declaration of Intention requirement, or "first papers", which created a two-step naturalization process, and by omitting the term "natural born." The Act specified that naturalized citizenship was reserved only for "free white person[s]." It also changed the requirement in the 1790 Act of "good character" to read "good moral character." Immigrants intending to naturalize had to go to their local court and declare their intention at least three years prior to their formal application. In the declaration, the immigrant would also indicate his understanding that upon naturalization, he would take an oath not only of allegiance to the United States but also of renunciation of his former sovereign. In addition to the declaration of intention and oath of renunciation, the 1795 Act required all naturalized persons to be "attached to the principles of the Constitution of the United States" and be "well disposed to the good order and happiness of the same."'

+ Naturalization Act of 1795:
+ https://en.wikipedia.org/wiki/Naturalization_Act_of_1795

'The Naturalization Act, passed by the United States Congress on June 18, 1798 (1 Stat. 566), increased the period necessary for immigrants to become naturalized citizens in the United States from 5 to 14 years. Although the law was passed under the guise of protecting national security, most historians conclude it was really intended to decrease the number of voters who disagreed with the Federalist political party. At the time, most immigrants supported Thomas Jefferson and the Democratic-Republicans, the political rivals of the Federalists. This act was repealed in 1802 by the Naturalization Law of 1802. The Naturalization Act of 1798 is considered one of the Alien and Sedition Acts, passed contemporaneously in 1798. Like the Naturalization Acts of 1790 and 1795, the 1798 act also restricted citizenship to "free white persons". Also, the act distinguished between native, citizen, denizen, or subject of any nation or state. The act is the first to maintain records of immigration and residence, and provided certificates of residence for white immigrant aliens, for the purpose of establishing the date of arrival for subsequent qualification for naturalization.'

+ Naturalization Act of 1798:
+ https://en.wikipedia.org/wiki/Naturalization_Act_of_1798

'The Alien and Sedition Acts were four bills passed by the Federalist-dominated 5th United States Congress and signed into law by President John Adams in 1798. They made it harder for an immigrant to become a citizen (Naturalization Act), allowed the president to imprison and deport non-citizens who were deemed dangerous (Alien Friends Act of 1798) or who were from a hostile nation (Alien Enemy Act of 1798), and criminalized making false statements that were critical of the federal government (Sedition Act of 1798).

The Federalists argued that the bills strengthened national security during an undeclared naval war with France. Critics argued that they were primarily an attempt to suppress voters who disagreed with the Federalist party, and violated the right of freedom of speech in the First Amendment. Three of the acts were repealed after the Democratic-Republican party of Thomas Jefferson came to power. But the Alien Enemies Act remained in effect, was revised and codified in 1918 for use in World War I, and was used by President Franklin Delano Roosevelt to imprison Japanese, German, and Italian aliens during World War II. Following cessation of hostilities, the act was used by President Harry S. Truman to continue to imprison, then deport, aliens of the formerly hostile nations. In 1948 the Supreme Court determined that presidential powers under the acts continued after cessation of hostilities until there was a peace treaty with the hostile nation. The revised Alien Enemies Act remains in effect today.

The Naturalization Act increased the residency requirement for American citizenship from five to fourteen years. At the time, the majority of immigrants supported Thomas Jefferson and the Democratic-Republicans, the political opponents of the Federalists. The Alien Friends Act allowed the president to imprison or deport aliens considered "dangerous to the peace and safety of the United States" at any time, while the Alien Enemies Act authorized the president to do the same to any male citizen of a hostile nation above the age of fourteen during times of war. Lastly, the controversial Sedition Act restricted speech that was critical of the federal government. Under the Sedition Act, the Federalists allowed people who were accused of violating the sedition laws to use truth as a defense. The Sedition Act resulted in the prosecution and conviction of many Jeffersonian newspaper owners who disagreed with the government.

Opposition to the Federalists, spurred by Democratic-Republicans, reached new heights with the Democratic-Republicans support of France, which was still in the midst of the French Revolution. Some appeared to desire in the United States an event similar to the French Revolution, in order to overthrow the government. When Democratic-Republicans in some states refused to enforce federal laws such as the 1791 whiskey tax, the first tax levied by the national government, and threatened to rebel, Federalists warned that they would send in the army to force them to capitulate. As the unrest sweeping Europe spread to the United States, calls for secession reached unparalleled heights, and the fledgling nation seemed ready to tear itself apart. Some of this agitation was seen by Federalists as having been caused by French and French-sympathizing immigrants. The Alien Act and the Sedition Act were meant to guard against this perceived threat of anarchy.

Thomas Jefferson and James Madison also secretly drafted the Kentucky and Virginia Resolutions denouncing the federal legislation, though many other state legislatures strongly opposed these resolutions. Though the resolutions followed Madison's "interposition" approach, Jefferson advocated nullification and at one point drafted a threat for Kentucky to secede. Jefferson's biographer Dumas Malone argued that this might have gotten Jefferson impeached for treason, had his actions become known at the time. In writing the Kentucky Resolutions, Jefferson warned that, "unless arrested at the threshold," the Alien and Sedition Acts would "necessarily drive these states into revolution and blood." Historian Ron Chernow says of this "he wasn't calling for peaceful protests or civil disobedience: he was calling for outright rebellion, if needed, against the federal government of which he was vice president." Jefferson "thus set forth a radical doctrine of states' rights that effectively undermined the constitution." The influence of Jefferson's doctrine of states' rights reverberated right up to the Civil War and beyond. At the close of the Civil War, future president James Garfield said that Jefferson's Kentucky Resolution "contained the germ of nullification and secession, and we are today reaping the fruits".

The Alien Enemies Acts remained in effect at the outset of World War I. It was recodified to be part of the US war and national defense statutes (50 USC 21–24).On December 7, 1941, responding to the bombing of Pearl Harbor, President Franklin Delano Roosevelt used the authority of the revised Alien Enemies Act to issue presidential proclamations 2525 (Alien Enemies – Japanese), 2526 (Alien Enemies – German), and 2527 (Alien Enemies – Italian), to apprehend, restrain, secure and remove Japanese, German, and Italian non-citizens. On February 19, 1942, citing authority of the wartime powers of the president and commander in chief, Roosevelt made Executive Order 9066, authorizing the Secretary of War to prescribe military areas and giving him authority that superseded the authority of other executives under Proclamations 2525-7. EO 9066 led to the internment of Japanese Americans, whereby over 110,000 people of Japanese ancestry living on the Pacific coast were forcibly relocated and forced to live in camps in the interior of the country, 62% of whom were United States citizens, not aliens.

On September 8, 1945, Truman issued Presidential Proclamation 2662, titled "Removal of Alien Enemies". The revised Alien Enemies Act (50 U.S.C. 21–24) was cited as to removal of alien enemies in the interest of the public safety. On April 10, 1946, Truman issued Presidential Proclamation 2685, titled “Removal of Alien Enemies”, citing the revised Alien Enemies Act (50 U.S.C. 21–24) as to its provision for the “removal from the United States of alien enemies in the interest of the public safety”. Truman proclaimed regulations that were in addition to and supplemented other "regulations affecting the restraint and removal of alien enemies".

In 1988, President Reagan and the 100th Congress introduced the Civil Liberties Act of 1988, whose purpose amongst others was to acknowledge and apologize for actions of the US against individuals of Japanese ancestry during World War II. The statement from Congress agreed with the Commission on Wartime Relocation and Internment of Civilians, that "a grave injustice was done to both citizens and permanent resident aliens of Japanese... without adequate security reasons and without any acts of espionage or sabotage documented by the Commission, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership." In 2015, presidential candidate Donald Trump made a proposal to ban all Muslims from entering the United States (as part of the war on terror); Roosevelt's application of the Alien Enemies Act was cited as a possible justification.'

+ The Alien and Sedition Acts of 1798:
+ https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts

'The United States Congress passed the Naturalization Law of 1802 on April 14, 1802, that directed the clerk of the court to record the entry of all aliens into the United States. The clerk collected information including the applicant's name, birthplace, age, nation of allegiance, country of emigration, and place of intended settlement, and granted each applicant a certificate that could be exhibited to the court as evidence of time of arrival in the United States. This act repealed the Naturalization Act of 1798. Certain doubts had arisen as to whether State and local courts were included within the description of U.S. district or circuit courts. The act of 1802 reaffirmed that every State and Territorial court was considered a district court within the meaning of the laws pertaining to naturalization, and that any persons naturalized in such courts were accorded the same rights and privileges as if they had been naturalized in a district or circuit court of the United States. The act of 1802 was the last major piece of naturalization legislation during the 19th century. A number of minor revisions were introduced, but these merely altered or clarified details of evidence and certification without changing the basic nature of the admission procedure. The most important of these revisions occurred in 1855, when citizenship was automatically granted to alien wives of U.S. citizens, and in 1870, when the naturalization process was opened "to persons of African descent".'

+ Naturalization Law of 1802:
+ https://en.wikipedia.org/wiki/Naturalization_Law_of_1802

RELATED LINKS:
+ Presidential Proclamation 2525, Alien Enemies - Japanese (December 07, 1941)
+ http://www.foitimes.com/internment/Proc2525.html
+ Presidential Proclamation 2526, Alien Enemies - German (December 07, 1941)
+ http://www.foitimes.com/internment/Proc2526.html
+ Presidential Proclamation 2527, Alien Enemies - Italians (December 07, 1941)
+ http://www.foitimes.com/internment/Proc2527.html

typehost's picture

Shepard Fairey - Protect Each Other

'Jim Crow was the name of the racial caste system which operated primarily, but not exclusively in southern and border states, between 1877 and the mid-1960s. Jim Crow was more than a series of rigid anti-black laws. It was a way of life. Under Jim Crow, African Americans were relegated to the status of second class citizens. Jim Crow represented the legitimization of anti-black racism. Many Christian ministers and theologians taught that whites were the Chosen people, blacks were cursed to be servants, and God supported racial segregation. Craniologists, eugenicists, phrenologists, and Social Darwinists, at every educational level, buttressed the belief that blacks were innately intellectually and culturally inferior to whites. Pro-segregation politicians gave eloquent speeches on the great danger of integration: the mongrelization of the white race. Newspaper and magazine writers routinely referred to blacks as niggers, coons, and darkies; and worse, their articles reinforced anti-black stereotypes. Even children's games portrayed blacks as inferior beings (see "From Hostility to Reverence: 100 Years of African-American Imagery in Games"). All major societal institutions reflected and supported the oppression of blacks. The Jim Crow system was undergirded by the following beliefs or rationalizations: whites were superior to blacks in all important ways, including but not limited to intelligence, morality, and civilized behavior; sexual relations between blacks and whites would produce a mongrel race which would destroy America; treating blacks as equals would encourage interracial sexual unions; any activity which suggested social equality encouraged interracial sexual relations; if necessary, violence must be used to keep blacks at the bottom of the racial hierarchy.

Stetson Kennedy, the author of Jim Crow Guide (1990), offered these simple rules that blacks were supposed to observe in conversing with whites:

  1. Never assert or even intimate that a white person is lying.
  2. Never impute dishonorable intentions to a white person.
  3. Never suggest that a white person is from an inferior class.
  4. Never lay claim to, or overly demonstrate, superior knowledge or intelligence.
  5. Never curse a white person.
  6. Never laugh derisively at a white person.
  7. Never comment upon the appearance of a white female.

Jim Crow etiquette operated in conjunction with Jim Crow laws (black codes). When most people think of Jim Crow they think of laws (not the Jim Crow etiquette) which excluded blacks from public transport and facilities, juries, jobs, and neighborhoods. The passage of the 13th, 14th, and 15th Amendments to the Constitution had granted blacks the same legal protections as whites. However, after 1877, and the election of Republican Rutherford B. Hayes, southern and border states began restricting the liberties of blacks. Unfortunately for blacks, the Supreme Court helped undermine the Constitutional protections of blacks with the infamous Plessy v. Ferguson (1896) case, which legitimized Jim Crow laws and the Jim Crow way of life.'

+ Jim Crow Museum: Origins of Jim Crow (2000):
+ http://www.ferris.edu/jimcrow/what.htm
+ https://en.wikipedia.org/wiki/Jim_Crow_laws
+ https://en.wikipedia.org/wiki/Apartheid

'The Naturalization Act of 1870 (16 Stat. 254) was a United States federal law that created a system of controls for the naturalization process and penalties for fraudulent practices. It is also noted for extending the naturalization process to "aliens of African nativity and to persons of African descent." Due to anti-Chinese sentiment in the western states, other non-white persons were not included in this act and remained excluded from naturalization, per the Naturalization Act of 1790. The act of 1870 was passed by the 41st United States Congress and signed into law by President Ulysses S. Grant on July 14, 1870.'

+ The Naturalization Act of 1870:
+ https://en.wikipedia.org/wiki/Naturalization_Act_of_1870

'The Page Act of 1875 (Sect. 141, 18 Stat. 477, 1873-March 1875) was the first restrictive federal immigration law and prohibited the entry of immigrants considered "undesirable." The law classified as "undesirable" any individual from Asia who was coming to America to be a forced laborer, any Asian woman who would engage in prostitution, and all people considered to be convicts in their own country. The law was named after its sponsor, Representative Horace F. Page, a Republican who introduced it to "end the danger of cheap Chinese labor and immoral Chinese women". The Page Act was supposed to strengthen the ban against “coolie” laborers, by imposing a fine of up to $2,000 and maximum jail sentence of one year upon anyone who tried to bring a person from China, Japan, or any Asian country to the United States “without their free and voluntary consent, for the purpose of holding them to a term of service”. However, these provisions, as well as those regarding convicts “had little effect at the time”. On the other hand, the bar on female Asian immigrants was heavily enforced and proved to be a barrier for all Asian women trying to immigrate, especially Chinese.

The first Chinese immigrants to the United States were overwhelmingly males, the majority of whom began arriving in 1848 as a part of the California Gold Rush. They intended to make money in the United States and then return to their country, so even though more than half had wives and families, they stayed in China. However, anti-Chinese sentiment could already be found in discriminatory laws in 1852 that limited Chinese possibilities. The California State Legislature assumed that Chinese men were forced to work under long-term service contracts, when in reality immigrants to America were not coolies, but borrowed money from brokers for their trip and paid the money back plus interest through work at their first job. Without enough money to send for their wives, a prostitution industry developed in the male Chinese immigrant community and became a serious issue to white Americans living in San Francisco. Laws specifically directed at Chinese women immigrants were created even though prostitution was fairly common in the American West among many nationalities. Many of those in favor of Chinese exclusion were not worried about the experiences and needs of poor Chinese girls that were being sold or tricked into prostitution, but about “the fate of white men, white families, and a nation constructed as white”. Chinese men hurt white men’s ability to earn money, “while Chinese women caused disease and immorality among white men”. Both Chinese male “coolies” and Chinese female prostitutes were linked to slavery, which added to the American animosity toward them since slavery and involuntary servitude was abolished in 1865. Male-laborers were central to the anti-Chinese movement, so one might expect lawmakers to focus on excluding men from immigration, but instead they concentrated on women in order to protect the American system of monogamous marriages. Therefore, the number of immigrants (majority male) entering the U.S. from China during the Page Act’s enforcement “exceeded the total for any other seven year period, before passage of the Exclusion Act in 1882, by at least thirteen thousand,” but the female population dropped from 6.4 percent in 1870 to 4.6 percent in 1880...

The Page Law responded to “what were believed to be serious threats to white values, lives, and futures". California state laws could not exclude women for being Chinese, so they were crafted as regulations of public morals, yet the laws were still struck down as “impermissible encroachment on federal immigration power". However, the Page Law sailed through Congress without any expressed concerns of having a federal law that racially restricted immigration or violated the Burlingame Treaty of 1868 (which allowed free migration and emigration of Chinese) because Americans were focused on protecting the social ideals of marriage and morality.'

+ The Page Act of 1875:
+ https://en.wikipedia.org/wiki/Page_Act_of_1875

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Chinese Exclusion Act

'The Chinese Exclusion Act was a United States federal law signed by President Chester A. Arthur on May 6, 1882. It was one of the most significant restrictions on free immigration in US history, prohibiting all immigration of Chinese laborers. The act followed the Angell Treaty of 1880, a set of revisions to the US–China Burlingame Treaty of 1868 that allowed the US to suspend Chinese immigration. The act was initially intended to last for 10 years, but was renewed in 1892 with the Geary Act and made permanent in 1902. The Chinese Exclusion Act was the first law implemented to prevent a specific ethnic group from immigrating to the United States. It was repealed by the Magnuson Act on December 17, 1943.

In the early 1850s, there was resistance to the idea of excluding Chinese migrant workers from immigration, because they provided essential tax revenue which helped fill the fiscal gap of California. But toward the end of the decade, the financial situation improved and subsequently, attempts to legislate Chinese exclusion became successful on the state level. In 1858, the California Legislature passed a law that made it illegal for any person "of the Chinese or Mongolian races" to enter the state; however, this law was struck down by an unpublished opinion of the State Supreme Court in 1862. The Chinese immigrant workers provided cheap labor and did not use any of the government infrastructure (schools, hospitals, etc.) because the Chinese migrant population was predominantly made up of healthy male adults. As time passed and more and more Chinese migrants arrived in California, violence would often break out in cities such as Los Angeles. By 1878 Congress decided to act and passed legislation excluding the Chinese, but this was vetoed by President Rutherford B. Hayes. In 1879, California adopted a new Constitution, which explicitly authorized the state government to determine which individuals were allowed to reside in the state, and banned the Chinese from employment by corporations and state, county or municipal governments. Once the Chinese Exclusion Act was finally passed in 1882, California went further by passing various laws that were later held to be unconstitutional.

For the first time, Federal law proscribed entry of an ethnic working group on the premise that it endangered the good order of certain localities. (The earlier Page Act of 1875 had prohibited immigration of Asian forced laborers and prostitutes, and the Naturalization Act of 1790 prohibited naturalization of non-white subjects.) The Act excluded Chinese laborers, meaning "skilled and unskilled laborers and Chinese employed in mining," from entering the country for ten years under penalty of imprisonment and deportation. The Chinese Exclusion Act required the few nonlaborers who sought entry to obtain certification from the Chinese government that they were qualified to emigrate. However, this group found it increasingly difficult to prove that they were not laborers because the 1882 act defined excludables as “skilled and unskilled laborers and Chinese employed in mining.” Thus very few Chinese could enter the country under the 1882 law. Diplomatic officials and other officers on business, along with their house servants, for the Chinese government were also allowed entry as long as they had the proper certification verifying their credentials.

Amendments made in 1884 tightened the provisions that allowed previous immigrants to leave and return, and clarified that the law applied to ethnic Chinese regardless of their country of origin. The Scott Act (1888) expanded upon the Chinese Exclusion Act, prohibiting reentry after leaving the U.S. Constitutionality of the Chinese Exclusion Act and the Scott Act was upheld by the Supreme Court in Chae Chan Ping v. United States (1889); the Supreme Court declared that "the power of exclusion of foreigners [is] an incident of sovereignty belonging to the government of the United States as a part of those sovereign powers delegated by the constitution." The Act was renewed for ten years by the 1892 Geary Act, and again with no terminal date in 1902. When the act was extended in 1902, it required "each Chinese resident to register and obtain a certificate of residence. Without a certificate, he or she faced deportation."

One of the critics of the Chinese Exclusion Act was the anti-slavery/anti-imperialist Republican Senator George Frisbie Hoar of Massachusetts who described the Act as "nothing less than the legalization of racial discrimination." The laws were driven largely by racial concerns; immigration of persons of other races was unlimited during this period. On the other hand, many people strongly supported the Chinese Exclusion Act, including the Knights of Labor, a labor union, who supported it because it believed that industrialists were using Chinese workers as a wedge to keep wages low. Among labor and leftist organizations, the Industrial Workers of the World were the sole exception to this pattern. The IWW openly opposed the Chinese Exclusion Act from its inception in 1905. Later, the Immigration Act of 1924 restricted immigration even further, excluding all classes of Chinese immigrants and extending restrictions to other Asian immigrant groups. Until these restrictions were relaxed in the middle of the twentieth century, Chinese immigrants were forced to live a life separated from their families, and to build ethnic enclaves in which they could survive on their own (Chinatown).'

+ Chinese Exclusion Act of 1882:
+ https://en.wikipedia.org/wiki/Chinese_Exclusion_Act

'Prior to the passage of the Immigration Act of 1882, the United States Congress had passed two significant acts regarding immigration. The first was the Page Act of 1875, which restricted the immigration of forced laborers coming from Asia. This had a major effect on the immigration of Asian indentured workers and women; specifically women presumed to be immigrating to work as prostitutes. The second was the Chinese Exclusion Act of 1882. This act halted all legal immigration of Chinese laborers and is considered by many to be the first major exclusionary immigration restriction on an entire nationality enacted by the United States. While both of these acts resulted from public fear of the Chinese influence in the labor market and the economy, they also derived from simple prejudice and the public perception of these immigrants’ inability to assimilate into American culture.

During the same time that America immigration was restricting Asian (specifically Chinese) immigration, many also criticized the influx of European immigration – later referred to as the “Great Wave” – coming to the United States. As Europe’s urban industrialization was changing the demographic landscape of life in many European cities, millions looked to immigrate in order to find opportunity in America. Calling it the “most massive of all human migrations to date,” scholar Otis. L. Graham reported that almost “27 million immigrants settled in the United States between 1880 and 1930”. Furthermore, as explained in Debating American Immigration: 1882–Present, Roger Daniels explained how “great growth in the volume of immigration in the Gilded Age made some kind of organized administration necessary”. This need and call for an “organized administration” would later be somewhat realized in the administrative outcomes of the Immigration Act of 1882.

On August 3, 1882, the forty-seventh United States Congress passed the Immigration Act of 1882. It is considered by many to be “first general immigration law” due to the fact that it created the guidelines of exclusion through the creation of “a new category of inadmissible aliens.” There were two main components of the Immigration Act of 1882. The first was to create a “head tax” that would be imposed upon certain immigrants entering the country. The Act states that “There shall be levied, collected and paid a duty of fifty cents for each and every passenger not a citizen of the United States who shall come by steam or sail vessel from a foreign port to any port within the United States.” This money would be paid into the United States Treasury and “shall constitute a fund called the immigration fund.” These funds would be used to “defray the expense of regulating immigration under this act.” Scholar Roger Daniels commented that the head tax eventually “would rise, in stages, to eight dollars by 1917. In most years the government collected more in head taxes than it spent on administration.”

The creation of such administration, and the need to collect and disburse the head taxes throughout the bureaucratic chain, lead to the creation of “the first immigration bureaucracy.” It was a significant turning point of immigration policy in terms of relying on federal level legislation and administration. While this was not the first federal immigration law, as others were mentioned previously, states and local levels of immigration ports were mainly in control of immigration policy. The Immigration Act of 1882 was the beginning of the “contours of federal oversight” in immigration policy administration. In addition to the head tax, the Act also stipulated the responsibility of government agents to inspect ports and vessels bringing immigrants into the country. This then lead to the second historically significant component of the Act. Upon inquiry of the vessels transporting immigrants, immigration officials were given the authority to expel certain immigrants based on criteria laid out within the Act. The legislation dictated that “If on such examination there shall be found among such passengers any convict, lunatic, idiot, or any person unable to take care of him or herself without becoming a public charge, they shall report the same in writing to the collector of such port, and such person shall not be permitted to land.” Furthermore, if a criminal was found to be on board, it was the fiscal responsibility of the ship that brought the immigrant there to take them back out of the United States. The criminal provision of the act did not include immigrants who were “convicted of political offenses, reflecting the traditional American belief that the United States is a haven for those persecuted by foreign tyrants.”'

+ The Immigration Act of 1882:
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1882

'The 1885 Alien Contract Labor Law (Sess. II Chap. 164; 23 Stat. 332), also known as the Foran Act, was an act to prohibit the importation and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia. February 7, 1887, the O’Neill bill was passed which amended the Contract Labor Law of 1885. It added three major sections to the original act. The problem was largely that although the law was sweeping in its prohibition of labor contracts, it was virtually impossible to enforce. The new sections charged the secretary of the treasury with enforcement of the act, gave him power to establish needful rules and regulations, and provided that prohibited persons were to be sent back on arrival. Not only was the Contract Labor Law largely a response to Chinese “coolie” labor but it explicitly had exemptions written into the law that demonstrated occupational preference. That is, the exemptions did not restrict the movement of workers who had a skilled trade or one that did not fall into the union movement that was happening at the time, but they excluded “Professional actors, artists, lecturers, or singers, nor to persons employed as strictly personal or domestic servants.” A later act amended the 1885 act by adding ministers of any religious denomination, persons belonging to any recognized profession, and professors for colleges and seminaries to the occupational classes exempt from the contract labor law.'

+ The Alien Contract Labor Law of 1885 (The Foran Act):
+ https://en.wikipedia.org/wiki/Alien_Contract_Labor_Law

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Indian Land For Sale

'The Dawes Act of 1887 (also known as the General Allotment Act or the Dawes Severalty Act of 1887), adopted by Congress in 1887, authorized the President of the United States to survey American Indian tribal land and divide it into allotments for individual Indians. Those who accepted allotments and lived separately from the tribe would be granted United States citizenship. The Dawes Act was amended in 1891, in 1898 by the Curtis Act, and again in 1906 by the Burke Act. The Act was named for its creator, Senator Henry Laurens Dawes of Massachusetts. The objectives of the Dawes Act were to lift the Native Americans out of poverty and to stimulate assimilation of them into mainstream American society. Individual household ownership of land and subsistence farming on the European-American model was seen as an essential step. The act also provided that the government would classify as "excess" those Indian reservation lands remaining after allotments, and sell those lands on the open market, allowing purchase and settlement by non-Native Americans. The Dawes Commission, set up under an Indian Office appropriation bill in 1893, was created to try to persuade the Five Civilized Tribes to agree to allotment plans. (They had been excluded from the Dawes Act by their treaties.) This commission registered the members of the Five Civilized Tribes on what became known as the Dawes Rolls.

The Curtis Act of 1898 amended the Dawes Act to extend its provisions to the Five Civilized Tribes; it required abolition of their governments, allotment of communal lands to people registered as tribal members, and sale of lands declared surplus, as well as dissolving tribal courts. This completed the extinguishment of tribal land titles in Indian Territory, preparing it to be admitted to the Union as the state of Oklahoma. During the ensuing decades, the Five Civilized Tribes lost 90 million acres of former communal lands, which were sold to non-Natives. In addition, many individuals, unfamiliar with land ownership, the target of speculators and criminals, and stuck with allotments that were too small for profitable farming, lost their household lands. Tribe members also suffered from the breakdown of the social structure of the tribes.'

+ The Dawes Act of 1887 (The General Allotment Act / The Dawes Severalty Act):
+ https://en.wikipedia.org/wiki/Dawes_Act

'The Scott Act (1888) was a United States law that prohibited Chinese laborers abroad or who planned future travels from returning. Its main author was William Lawrence Scott of Pennsylvania, and it was signed into law by United States President Grover Cleveland on October 1, 1888. It was introduced to expand upon the Chinese Exclusion Act passed in 1882 and left an estimated 20,000-30,000 Chinese outside the United States at the time stranded. Prior to the Scott Act, the governments of the United States and China had formed the Bayard-Zhang Treaty, whereby the Chinese government would restrict emigration to the United States, and in exchange, the United States government would crack down on discrimination and bad treatment of Chinese in the US. However, the treaty met with considerable opposition, both in China (particularly Kwangtung province) and among the Chinese in the United States. Due to public pressure, the Chinese government chose not to ratify the treaty. The United States government responded by acting unilaterally to pass the Scott Act.'

+ The Scott Act of 1888:
+ https://en.wikipedia.org/wiki/Scott_Act_(1888)

'The Geary Act was a United States law that extended the Chinese Exclusion Act of 1882 by adding onerous new requirements. It was written by California Congressman Thomas J. Geary and was passed by Congress on May 5, 1892. The law required all Chinese residents of the United States to carry a resident permit, a sort of internal passport. Failure to carry the permit at all times was punishable by deportation or a year of hard labor. In addition, Chinese were not allowed to bear witness in court, and could not receive bail in habeas corpus proceedings.

The Geary Act, besides renewing the exclusion of Chinese laborers for another 10 years, also outlined provisions that required Chinese already in the U.S. to possess “certificates of residence” (as well as “certificates of identity” after the McCreary amendment was added) that served as proof that they entered the U.S. legally and had the right to remain in the country. The certificates of residence were to cost no more than $1 ($17.58 in today's money) and contained the name, age, local residence, occupation, and photograph of the applicant. The act placed the burden of proof of their right to be in the U.S. on the Chinese themselves, denied bail to Chinese in habeas corpus proceedings, made it the duty of all Chinese laborers in the U.S. to apply within one year for a certificate of residence, with a duplicate kept in the office of the Collector of Internal Revenue, and suitable penalties were prescribed for any falsification of certificates. Another of the Act’s provisions required two white witnesses to testify to a Chinese person’s immigration status. If any Chinese laborer within the United States without this certificate of residence was “deemed and adjudged to be unlawfully in the United States”, they could be arrested and forced to do hard labor, and be deported after a year. This was the first time ever illegal immigration to the U.S. was made punishable by such a harsh degree.

Even though this Act seems to have granted no concessions to Chinese immigrants whatsoever, historians such as Elmer Clarence Sandmeyer have noted that many Californians were disappointed that the Act did not achieve total exclusion. Although the Act stated that these certificates – as well as similar “certificates of identity” later created by the then newly formed Bureau of Immigration to document all Chinese who were actually exempt from the Exclusion and subsequent Geary Acts (for example merchants, teachers, travelers, and students) – were supposed to serve as “indubitable proof of legal entry”, the documents did not function to protect legal immigrants and residents from government harassment. As Erika Lee describes, because the Act required all Chinese to possess the certificates, the entire Chinese community in the U.S. – including immigrants and residents who were supposed to be exempt from the exclusionary laws – was exposed to the same level of constraint and inquiry governing Chinese laborers. The motivation behind this unprecedented level of inquiry, says Lee, was quite bluntly due to the prejudiced view that it was, as Senator Geary himself stated, “impossible to identify [one] Chinaman [from another]”. No other immigrant group were required to hold documents proving their lawful residence until 1928, when ‘immigrant identification cards’ were first issued to any new immigrant arriving for permanent residence (these were replaced by green cards, officially alien registration receipt cards, after 1940), a fact that Lee calls “gatekeeping” and sees as rooted in “a western American desire to sustain white supremacy in a multiracial West”.'

+ The Geary Act of 1892:
+ https://en.wikipedia.org/wiki/Geary_Act

'The Curtis Act of 1898 was an amendment to the United States Dawes Act; it resulted in the break-up of tribal governments and communal lands in Indian Territory (now Oklahoma) of the Five Civilized Tribes of Indian Territory: the Choctaw, Chickasaw, Muscogee (Creek), Cherokee, and Seminole. These tribes had been previously exempt from the 1887 General Allotment Act (Dawes Act) because of the terms of their treaties. In total, the tribes immediately lost control of about 90 million acres of their communal lands; they lost more in subsequent years. The act also transferred to the Dawes Commission the authority to determine members of tribes, as part of the registration of members. Thus, individuals could be enrolled as members without tribal consent. By effectively abolishing the remainder of tribal courts, tribal governments, and tribal land claims in the Indian Territory of Oklahoma, the act enabled Oklahoma to be admitted as a state, which followed in 1907.

  • Abolition of tribal governments
  • Land allotments modification
  • Registration of tribal members
  • Incorporation of towns
  • Provision for vote by residents

The Curtis Act called for the abolition of tribal governments on March 6, 1906. It was intended to establish individual land holdings in the European-American model, for subsistence farming by families. The act also provided for the establishment of public schools. Due to the nature of the lands in Indian Territory and dry climate, the 160-acre allotments were often too small to permit profitable farming, and many Indian families had to give up and lost their lands in future years. The Curtis Act also scrapped the registration of tribal members that had been conducted under the Dawes Act and ordered that new enrollments. This Act extended all provisions of the Dawes Act to the lands of the Five Civilized Tribes. In the end, the large parts declared by the government to be "surplus" to their needs were made available for sale, including to non-Natives. An estimated 90 million acres of land formerly reserved for Native Americans were removed from their control. The Curtis Act also authorized the incorporation of towns in Indian Territory. This meant that towns had a legal basis for being laid out, surveyed and platted. Any individual could obtain title to the lot in fee simple. The title owner of a lot had the legal right to sell or mortgage the property. An incorporated town or city had the right to self-regulation and levy taxes, allowing them to establish public services. By 1900, the largest towns in Indian Territory had incorporated. The Act also provided that residents could vote for city officials.

Officially titled the "Act for the Protection of the People of Indian Territory", the Act is named for Charles Curtis, congressman from Kansas and its author. He was of mixed Native American and European descent: on his mother's side -Kansa, Osage, Potawatomi, and French; and on his father's - three ethnic lines of British Isles ancestry. Curtis was raised in part on the Kaw Reservation of his maternal grandparents, but also lived with his paternal grandparents and attended Topeka High School. He read the law, became an attorney, and later was elected to the United States House of Representatives and Senate. He served as Vice-President under Herbert Hoover. In the usual fashion, by the time the bill HR 8581 had gone through five revisions in committees in both the House of Representatives and the Senate, there was little left of Curtis' original draft. In his hand-written autobiography, Curtis noted having been unhappy with the final version of the Curtis Act. He believed that the Five Civilized Tribes needed to make changes. He thought that the way ahead for Native Americans was through education and use of both their and the majority cultures, but he also had hoped to give more support to Native American transitions.'

+ The Curtis Act of 1898 (The General Allotment Act / The Act for the Protection of the People of Indian Territory):
+ https://en.wikipedia.org/wiki/Curtis_Act_of_1898

typehost's picture

MLK

'The Magnuson Act, also known as the Chinese Exclusion Repeal Act of 1943, was immigration legislation proposed by U.S. Representative (later Senator) Warren G. Magnuson of Washington and signed into law on December 17, 1943 in the United States. It allowed Chinese immigration for the first time since the Chinese Exclusion Act of 1882, and permitted some Chinese immigrants already residing in the country to become naturalized citizens. However, the Magnuson Act provided for the continuation of the ban against the ownership of property and businesses by ethnic Chinese. In many states, Chinese Americans (including US citizens) were denied property-ownership rights either by law or de facto until the Magnuson Act itself was fully repealed in 1965. The Magnuson Act was passed on December 17, 1943, two years after China became an official allied nation to the United States in World War II. Although considered a positive development by many, it was particularly restrictive of Chinese immigrants, limiting them to an annual quota of 105 new entry visas. The quota was supposedly determined by the Immigration Act of 1924, which set immigration from qualifying countries at 2% of the number of people who were already living in the United States in 1890 of that nationality. However, the arrived-at number of 105 per annum granted to the Chinese was disproportionately low. (The quota should have been 2,150 per annum, as official census figures place the population of ethnic Chinese living in the USA in 1890 at 107,488 persons.) Regardless of the method of calculation, the number of Chinese immigrants allowed into the USA was disproportionately low in ratio to the sanctioned immigration of other nationalities and ethnicities. Chinese immigration later increased with the passage of the Immigration and Nationality Services Act of 1965.'

+ The Magnuson Act of 1943 (The Chinese Exclusion Repeal Act):
+ https://en.wikipedia.org/wiki/Magnuson_Act

'The Immigration and Nationality Act of 1952 (Pub.L. 82–414, 66 Stat. 163, enacted June 27, 1952), also known as the McCarran–Walter Act, restricted immigration into the U.S. and is codified under Title 8 of the United States Code (8 U.S.C. ch. 12). The Act governs primarily immigration to and citizenship in the United States. It has been in effect since December 24, 1952. Before this Act, a variety of statutes governed immigration law but were not organized within one body of text. The Act abolished racial restrictions found in United States immigration and naturalization statutes going back to the Naturalization Act of 1790. The 1952 Act retained a quota system for nationalities and regions. Eventually, the Act established a preference system which determined which ethnic groups were desirable immigrants and placed great importance on labor qualifications.

The Act defined three types of immigrants: immigrants with special skills or relatives of U.S. citizens who were exempt from quotas and who were to be admitted without restrictions; average immigrants whose numbers were not supposed to exceed 270,000 per year; and refugees. The Act allowed the government to deport immigrants or naturalized citizens engaged in subversive activities and also allowed the barring of suspected subversives from entering the country. It was used to bar members and former members and "fellow travelers" of the Communist Party from entry into the United States, even those who had not been associated with the party for decades. It expanded the definition of the "United States" for nationality purposes, which already included Puerto Rico and the Virgin Islands, to add Guam. Persons born in these territories on or after December 24, 1952 acquire U.S. citizenship at birth on the same terms as persons born in other parts of the United States.'

+ The Immigration and Nationality Act of 1952 (The McCarran–Walter Act):
+ https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1952

'The Refugee Relief Act of 1953 was an act of legislation passed by the 83rd United States Congress. It was the United States's second refugee admissions and resettlement law, following the Displaced Persons Act of 1948, which expired at the end of 1952. It resulted in the admission of 214,000 immigrants to the United States, including 60,000 Italians, 17,000 Greeks, 17,000 Dutch and 45,000 immigrants from communist countries. The act expired in 1956. Initially, the bill was called the Emergency Migration Act and intended as a response to President Dwight D. Eisenhower's request for emergency legislation to admit more immigrants from Southern Europe, who were excluded according to the quotas of the Immigration and Nationality Act of 1952 (the "McCarran-Walter Act").

The act defined refugees as people who lack "the essentials of life." In order to be eligible for admission, refugees were required to evidence a guarantee of a home and job by a U.S. resident. Italian-Americans and Greek-Americans were permitted to pre-empt refugee quotas to admit their relatives. In 1955, Edward Corsi, who had been appointed to administer the act, was dismissed as the result of a conflict with State Department Security Director Scott McLeod. Representative Francis Walter accused Corsi of association with a Communist-affiliated group. Corsi said that the administration of the act was hampered by an obsessive "psychology of security", and the refugees were being "investigated to death".'

+ The Refugee Relief Act of 1953 (The Special Migration Act of 1953):
+ https://en.wikipedia.org/wiki/Refugee_Relief_Act

'The Migration and Refugee Assistance Act was passed in 1962 to deal with unexpected and urgent needs of refugees, displaced persons, conflict victims, and other persons at risk around the globe. The Act was brought into force during the Clinton administration in 2001 to deal with the crises in the Balkans and Nepal. The Act was cited by President Barack Obama in 2009 to authorize money up to $20.3 million related to needs of Palestinian refugees and conflict victims in Gaza.'

+ The Migration and Refugee Assistance Act of 1962:
+ https://en.wikipedia.org/wiki/Migration_and_Refugee_Assistance_Act
+ https://clinton5.nara.gov/library/hot_releases/January_18_2001_7.html

'The Immigration and Nationality Act of 1965 (H.R. 2580; Pub.L. 89–236, 79 Stat. 911, enacted June 30, 1968), also known as the Hart–Celler Act, changed the way quotas were allocated by ending the National Origins Formula that had been in place in the United States since the Emergency Quota Act of 1921. The Hart–Celler Act abolished the quota system based on national origins that had been American immigration policy since the 1920s. The new law maintained the per-country limits, but it also created preference visa categories that focused on immigrants' skills and family relationships with citizens or U.S. residents. The bill set numerical restrictions on visas at 170,000 per year, with a per-country-of-origin quota. However, immediate relatives of U.S. citizens and "special immigrants" had no restrictions.

The Hart–Celler Act of 1965 marked a radical break from the immigration policies of the past. Previous laws restricted immigration from Asia and Africa, and gave preference to northern and western Europeans over southern and eastern Europeans. In the 1960s, the United States faced both foreign and domestic pressures to change its nation-based formula, which was regarded as a system that discriminated based on an individual’s place of birth. Abroad, former military allies and new independent nations aimed to delegitimize discriminatory immigration, naturalization and regulations through international organizations like the United Nations. In the United States, the national-based formula had been under scrutiny for a number of years. In 1952, President Truman had directed the Commission on Immigration and Naturalization to conduct an investigation and produce a report on the current immigration regulations. The report, Whom We Shall Welcome, served as the blueprint for the Hart–Celler Act. At the height of the Civil Rights Movement of the 1960s, the restrictive immigration laws were seen as an embarrassment by, among others, President John F. Kennedy, who called the then-quota-system "nearly intolerable". After Kennedy's assassination, President Lyndon Johnson signed the bill at the foot of the Statue of Liberty.

The bill still prohibited the entry into the country of "sexual deviants", including homosexuals. By doing so it crystallized the policy of the INS to reject homosexual prospective immigrants on the grounds that they were "mentally defective", or had a "constitutional psychopathic inferiority". The Immigration Act of 1990 rescinded the provision discriminating against gay people. Prior to 1965, the demographics of immigration stood as mostly Europeans; 68 percent of legal immigrants in the 1950s came from Europe and Canada. However, in the years 1971-1991, immigrants from Hispanic and Latin American countries made 47.9 percent of immigrants (with Mexico accounting for 23.7 percent) and immigrants from Asia 35.2 percent. Not only did it change the ethnic makeup of immigration, but it also greatly increased the number of immigrants—immigration constituted 11 percent of the total U.S. population growth between 1960 and 1970, growing to 33 percent from 1970–80, and to 39 percent from 1980-90.'

+ The Immigration and Nationality Act of 1965 (The Hart–Celler Act):
+ https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

'The Cuban Adjustment Act (CAA), Public Law 89-732, is a United States federal law enacted on November 2, 1966. Passed by the 89th United States Congress and signed into law by President Lyndon Johnson. Cubans in Cuba can legally migrate to the U.S. through various migration programs that include immigrant visa issuance, refugee admission, the diversity lottery, and the Special Cuban Migration Program (SCMP), otherwise known as the Cuban lottery. Those who have been persecuted in Cuba, or who fear persecution (on the basis of race, religion, nationality, membership in a particular social group, or political opinion), may apply for U.S. resettlement through its in country refugee processing unit at the United States Embassy in Havana. In 1996, the US government introduced the so-called "wet feet, dry feet policy" which reduced the application of the Act. This was further reduced in 2017.'

+ The Cuban Adjustment Act of 1966 (CAA):
+ https://en.wikipedia.org/wiki/Cuban_Adjustment_Act

'The Indochina Migration and Refugee Assistance Act, passed on May 23, 1975, under President Gerald Ford, was a response to the Fall of Saigon and the end of the Vietnam War. Under this act, approximately 130,000 refugees from South Vietnam, Laos and Cambodia were allowed to enter the United States under a special status, and the act allotted for special relocation aid and financial assistance. The end of the Vietnam War left millions of Southeast Asians displaced. In South Vietnam alone, the war had created over 6 million refugees from 1965 to 1971. Preceding May 1975, the United States policy for Southeast Asian refugee had been to assist by resettling them in safer areas of their home nations. As the war began to come to a close in early 1975, the State Department prepared an evacuation plan for U.S. forces as well as 18,000 Vietnamese refugees, but it quickly became apparent that this evacuation plan did not meet the incredible need of the refugees. When the South Vietnam government rapidly deteriorated in April 1975, President Ford authorized an evacuation of up to 200,000 refugees.

In response to the new need of welfare assistance to the new relocated refugees, the Indochinese Refugee Assistance Program was developed. This gave clearance for any Vietnamese, Cambodian, or Lao refugees to tap into the same resources that Cuban refugees had attained in the early 1970s, which included financial assistance and health, employment, and education services. The Indochina Migration and Refugee Act was a watershed moment in U.S. Asian immigration policy. It opened the gates for displaced persons from Southeast Asia and also served as a symbol of commitment to those affected by the devastation from the Vietnam War. The decision by President Ford to admit such a substantial number of refugees was very much against public opinion and (despite attempts at thinning the refugee flow) the Carter Administration continued to commit thousands of refugees each year. By 1978, the U.S. was receiving thousands of refugees who had made their way by boat through the dangerous waters of the Pacific. This continued until refugee policy was reformed with the Refugee Act of 1980.'

+ The Indochina Migration and Refugee Assistance Act of 1975:
+ https://en.wikipedia.org/wiki/Indochina_Migration_and_Refugee_Assistance_Act

'The United States Refugee Act of 1980 (Public Law 96-212) is an amendment to the earlier Immigration and Nationality Act and the Migration and Refugee Assistance Act, and was created to provide a permanent and systematic procedure for the admission to the United States of refugees of special humanitarian concern to the U.S., and to provide comprehensive and uniform provisions for the effective resettlement and absorption of those refugees who are admitted. The act was completed on March 3, 1980, was signed by President Jimmy Carter on March 17, 1980 and became effective on April 1, 1980. This was the first comprehensive amendment of U.S. general immigration laws designed to face up to the realities of modern refugee situations by stating a clear-cut national policy and providing a flexible mechanism to meet the rapidly shifting developments of today's world policy. The main objectives of the act were to create a new definition of refugee based on the one created at the UN Convention and Protocol on the Status of Refugees, raise the limitation from 17,400 to 50,000 refugees admitted each fiscal year, provide emergency procedures for when that number exceeds 50,000, and to establish the Office of U.S. Coordinator for Refugee Affairs and the Office of Refugee Resettlement. Most importantly, it established explicit procedures on how to deal with refugees in the U.S. by creating a uniform and effective resettlement and absorption policy.

It was only after World War II that the United States began to differentiate the term "refugee" from "immigrant" and began creating policy that dealt specifically with refugees while working outside of immigration policy. Early action came in the form of the Displaced Persons Act of 1948, the Refugee Relief Act of 1953, and the Refugee-Escapee Act of 1957. The Immigration and Nationality Act of 1952, which was later amended in 1965 to include policy for refugees on a case by case basis, was the first Act that the consolidated U.S. immigration policy into one body of text. The Act recognizes that it has been the historic policy of the United States to respond to the urgent needs of persons subject to persecution in their homelands and to provide assistance, asylum, and resettlement opportunities to admitted refugees.

The goal of the Refugee Act was to create a [redacted] with which to provide these opportunities to refugees. The Act amended the Immigration and Nationality Act of 1965 by defining a refugee as any person who is outside his or her country of residence or nationality, or without nationality, and is unable or unwilling to return to, and is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The annual admission of refugees is set to a 50,000 cap per fiscal year, but in an emergency situation, the President may change the number for a period of twelve months. The Attorney General is also granted power to admit additional refugees and grant asylum to current aliens, but all admissions must be reported to Congress and be limited to 5,000 people.'

+ The United States Refugee Act of 1980:
+ https://en.wikipedia.org/wiki/Refugee_Act

'The Immigration Reform and Control Act (IRCA), Pub.L. 99–603, 100 Stat. 3445, enacted November 6, 1986, also known as the Simpson–Mazzoli Act, signed into law by Ronald Reagan on November 6, 1986, is an Act of Congress which reformed United States immigration law. The Act

  • required employers to attest to their employees' immigration status;
  • made it illegal to hire or recruit illegal immigrants knowingly;
  • legalized certain seasonal agricultural illegal immigrants, and;
  • legalized illegal immigrants who entered the United States before January 1, 1982 and had resided there continuously with the penalty of a fine, back taxes due, and admission of guilt; candidates were required to prove that they were not guilty of crimes, that they were in the country before January 1, 1982, and that they possessed minimal knowledge about U.S. history, government, and the English language.

At the time, the Immigration and Naturalization Service estimated that about four million illegal immigrants would apply for legal status through the act and that roughly half of them would be eligible.'

+ The Immigration Reform and Control Act of 1986 (IRCA):
+ https://en.wikipedia.org/wiki/Immigration_Reform_and_Control_Act_of_1986

'The Immigration Act of 1990 (Pub.L. 101–649, 104 Stat. 4978, enacted November 29, 1990) was signed into law by George H. W. Bush on November 29, 1990. It was a national reform of the Immigration and Nationality Act of 1965. It increased total, overall immigration to allow 700,000 immigrants to come to the U.S. per year for the fiscal years '92–'94, and 675,000 per year after that. It provided family based immigration visa, created five distinct employment based visas, categorized by occupation, as well as the diversity visa program which created a lottery to admit immigrants from "low admittance" countries or countries where their citizenry was underrepresented in the U.S. Besides these immigrant visas there was also changes in nonimmigrant visas like the H-1B visa for highly skilled workers. There were also cutbacks in the allotment of visas available for extended relatives.

Diversity Immigrant Visa was a new, important facet of the amendment that had never been instituted in national immigration policy before. "Starting in 1991, every year the Attorney General, decides from information gathered over the most recent five year period the regions or country that are considered High Admission or Low Admission States" from this analysis citizens of certain nations are deemed eligible or ineligible to apply for a diversity visa. "A High Admission region or country is one that has had 50,000 immigrants or more acquire a permanent residency visa. The High Admission regions are not given visas under this act in order to promote diversity." Starting in fiscal year 1995, the cap of 55,000 visas were allotted as "diversity" visas. Today it is more around 50,000. Changes have been made to the diversity visa requirements almost every other year (if not more) since 1990 to assess which countries qualify.

After it became law, the United States would admit 700,000 new immigrants annually, up from 500,000 before the bill's passage. The new system continued to favor people with family members that already worked in the United States, but added 50,000 "diversity visas" for countries from which few were emigrating, as well as 40,000 permanent job-related workers and 65,000 temporary worker visas. Additional provisions strengthened the U.S. Border Patrol and altered language regarding disease restrictions in a way that permitted the Secretary of Health and Human Services to remove AIDS from the list of illnesses making a prospective immigrant ineligible to enter the country. Following the passage of this act, there were more immigrants admitted to the U.S. in this decade than any prior decade in U.S. history with 10–11 million documented entries.'

+ The Immigration Act of 1990:
+ https://en.wikipedia.org/wiki/Immigration_Act_of_1990
+ https://en.wikipedia.org/wiki/Diversity_Immigrant_Visa

'The Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of Pub.L. 104–208, 110 Stat. 3009-546, enacted September 30, 1996 vastly changed the immigration laws of the United States. This act states that immigrants unlawfully present in the United States for 180 days but less than 365 days must remain outside the United States for three years unless they obtain a pardon. If they are in the United States for 365 days or more, they must stay outside the United States for ten years unless they obtain a waiver. If they return to the United States without the pardon, they may not apply for a waiver for a period of ten years. Previously, immediate deportation was triggered only for offenses that could lead to five years or more in jail. Under the Act, minor offenses such as shoplifting may make individuals eligible for deportation. When IIRIRA was passed in 1996, it was applied retroactively to all those convicted of deportable offenses. Deportees may be held in jail for months, even as much as two years, before being brought before an immigration board, at which defendants need to pay for their own legal representation.'

+ The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"):
+ https://en.wikipedia.org/wiki/Illegal_Immigration_Reform_and_Immigrant_Responsibility_Act_of_1996

typehost's picture

Migra

'The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on October 26, 2001. With its ten-letter abbreviation (USA PATRIOT) expanded, the full title is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001". On May 26, 2011, President Barack Obama signed the PATRIOT Sunsets Extension Act of 2011, a four-year extension of three key provisions in the USA PATRIOT Act: roving wiretaps, searches of business records, and conducting surveillance of "lone wolves"—individuals suspected of terrorist-related activities not linked to terrorist groups. Following a lack of Congressional approval, parts of the Patriot Act expired on June 1, 2015. With the passage of the USA Freedom Act on June 2, 2015, the expired parts were restored and renewed through 2019. However, Section 215 of the law was amended to stop the National Security Agency (NSA) from continuing its mass phone data collection program. Instead, phone companies will retain the data and the NSA can obtain information about targeted individuals with permission from a federal court.

Opponents of the law have criticized its authorization of indefinite detentions of immigrants; the permission given law enforcement officers to search a home or business without the owner's or the occupant's consent or knowledge; the expanded use of National Security Letters, which allows the Federal Bureau of Investigation (FBI) to search telephone, e-mail, and financial records without a court order; and the expanded access of law enforcement agencies to business records, including library and financial records. Since its passage, several legal challenges have been brought against the act, and federal courts have ruled that a number of provisions are unconstitutional.

Title I: Enhancing Domestic Security Against Terrorism:

'Title I: Enhancing Domestic Security against Terrorism is the first of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks. Title I contains six sections, which, in turn, establish a fund for counterterrorist actions, condemn discrimination against Arab and Muslim Americans, increase funding for the FBI's Technical Support Center, allow for military assistance in some situations involving weapons of mass destruction when requested by the United States Attorney General, expanded the National Electronic Crime Task Force, and expanded the President's authority and abilities in case of terrorism.

Section 101 established a separate and unlimited fund, entitled the "Counterterrorism Fund," within the Department of the Treasury. This fund is to be used to reimburse the Department of Justice for costs required to rebuild an office or facility damaged by terrorism, support counterterrorism efforts (including the paying of rewards), and to pay for terrorism threat assessments. It contains an additional provision to reimburse any U.S. department or agency of all costs related to the detention of individuals in foreign countries who are accused of acts of terrorism. The alleged terrorist can be held without the right to an attorney or the right to remain silent.

Section 102 was a general statement which confirmed that Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in the United States, and are as equally entitled to full civil rights as any other American. This section further condemned acts of violence against these people that have occurred since the September 11, 2001 attacks, and stated that the responsibility for the 11 September attack lay solely with the individuals who perpetrated them. It also found that "Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets" and that "many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States."

This section also reasserted that:

  1. the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety
  2. any acts of violence or discrimination against any Americans must be condemned
  3. the concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups; and
  4. the United States is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds.

Section 104 amended title 18 of the United States Code to allow the Attorney General to request assistance from the Department of Defense when weapons of mass destruction are used unlawfully within the United States, or are unlawfully used outside the country by U.S. citizens. Chemical weapons are specifically excluded from the definition of Weapons of Mass Destruction in this section. Section 105 charged the Director of the Secret Service with developing a national network of electronic crime task forces, based on New York's Electronic Crimes Task Force model. This network, also known as the National Electronic Crime Task Force (NECTF) is responsible for "preventing, detecting, and investigating electronic crime, including potential terrorist attacks against critical infrastructure and financial payment systems".

Section 106 clarified the President's authority to investigate, regulate, or prohibit any financial transactions that fall within the jurisdiction of the US. This section also authorized the President to confiscate assets belonging to any "foreign person, foreign organization, or foreign country" who the President found had participated in an attack on the United States. Finally, this section ordered that if action under this section is based on classified information, that information may be presented to the reviewing judicial authority ex parte and in camera – that is, outside the presence (and possibly without the knowledge) of the accused or his attorney.'

+ Patriot Act, Title I: https://en.wikipedia.org/wiki/Patriot_Act,_Title_I

Title II: Surveillance Procedures:

'The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title II: Enhanced Surveillance Procedures granted increased powers of surveillance to various government agencies and bodies. Title II contains many of the most contentious provisions of the act. Supporters of the Patriot Act claim that these provisions are necessary in fighting the War on Terrorism, while its detractors argue that many of the sections of Title II infringe upon Constitutionally protected individual and civil rights. The sections of Title II amend the Foreign Intelligence Surveillance Act of 1978 and its provisions in 18 U.S.C., dealing with "Crimes and Criminal Procedure". It also amends the Electronic Communications Privacy Act of 1986. In general, the Title expands federal agencies' powers in intercepting, sharing, and using private telecommunications, especially electronic communications, along with a focus on criminal investigations by updating the rules that govern computer crime investigations. It also sets out procedures and limitations for individuals who feel their rights have been violated to seek redress, including against the United States government. However, it also includes a section that deals with trade sanctions against countries whose government supports terrorism, which is not directly related to surveillance issues.

The title allows surveillance to intercept communications via pen register or trap and trace devices. It does not allow these surveillance measures to be used in violation of the First Amendment rights of U.S. citizens. To assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities, the title allows for the seizure of communications records (section 215) and any records of session times, durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used (section 210). Such orders may be granted ex parte, and once they are granted – in order to not jeopardize the investigation – the order may not disclose the reasons behind why the order was granted. Section 209 made it easier for authorities to gain access to voicemail as they no longer must apply for a wiretap order, and instead just apply for a normal search warrant.

Under section 211, the United States Code was amended to allow the government to have access to the records of cable customers, with the notable exclusion of access to records revealing cable subscriber selection of video programming from a cable operator. Under FISA, any agency may require a common carrier, landlord, custodian, or other person provide them with all information, facilities, or technical assistance necessary to accomplish ongoing electronic surveillance. They must also protect the secrecy of and cause as little disruption to the ongoing surveillance effort as possible. This was further tightened in section 206. Section 222 further limited the sort of assistance an agency may require, and provided for compensation of any person who rendered surveillance assistance to the government agency. Section 225 allows for legal immunity to any provider of a wire or electronic communication service, landlord, custodian, or other person that provides any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance.'

+ Patriot Act, Title II: https://en.wikipedia.org/wiki/Patriot_Act,_Title_II
+ The Foreign Intelligence Surveillance Act of 1978:
+ https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
+ The Electronic Communications Privacy Act of 1986:
+ https://en.wikipedia.org/wiki/Electronic_Communications_Privacy_Act

PAID ADVERTISEMENT:

Merc-y Jesus

'Manifest destiny was an expression of religious conviction in the moral righteousness of genocide in the settlement of Indian lands in North America and the ethical value of the colonial expansion that complemented it politically. Other popular ideas of the era, including mercenary wages, Aryan superiority, Romantic national socialism, African slavery, and Apartheid further validated the ideology. Andrew Jackson, the scalper who spoke of "extending the acreage of freedom", typified the coronation of industrial America's scientific hubris, the nation's egoistic sense of Napoleonic self-aggrandizement, and its need for further colonial expansion to exploit "free" natural resources for self-gain. The origin of the first theme, later known as American Exceptionalism, was often traced to a Puritan missionary heritage, particularly through John Winthrop's famous "City upon a Hill" sermon of 1630, in which he called for the establishment of a virtuous community of witch hunters that would be a shining example to the Old World - "the blind leading the blind". In his influential 1776 pamphlet Common Sense, Thomas Paine echoed this notion, arguing that the American Revolution provided an opportunity to create a better plantation society through a series of broken Indian treaties, Christian imperialism, and violent warfare. The second theme's origination is less precise. A popular expression of America's mission was elaborated by President Abraham Lincoln's description in his December 1, 1862, message to the Continental Congress. He described the United States as "the last, best hope of Mother Earth". The "space mission" of the U.S. Enterprise was further elaborated during Lincoln's Gettysburg Address, in which he interpreted the Civil War as a struggle to determine if any totalitarian nation with democratic ideals could survive. This has been called by Blues historian Robert Johnson "the most enduring statement of America's Manifest Destiny and mission for 'Total War' in the name of Christian brotherhood and freedom ever stuttered." The third theme can be viewed as a natural outgrowth of the belief that God had a direct influence in the political foundation and moral actions of the United States. Peter Parker, a scholar working for the 'Daily Bugle' newspaper, described this view as "something like that God, at the proper stage in the march of history, called forth certain hardy souls from the old and privilege-ridden nations ... and that, in bestowing his grace, He also bestowed a peculiar responsibility." Americans presupposed that they were not only divinely elected to maintain the North American continent over the Indian savage, but also to "spread abroad the fundamental holy principles stated in the Bill of Rights through the Pentagon, 1000 military bases founded in foreign lands, and the CIA." In many cases, this meant the European colonial holdings and subjugated "Third World" countries were to be seen as mere obstacles to greater glory of Wall Street and Warshingstone D.C., rather than the destiny God had intended for the people of the United States militarily.'

+ 'Manifest Destiny' by Jon McNaughton:
+ http://jonmcnaughton.com/one-nation-under-god/

Title III: Anti-Money-Laundering to Prevent Terrorism:

'Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 is actually an act of Congress in its own right as well as being a title of the USA PATRIOT Act, and is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. The title's sections primarily amend portions of the Money Laundering Control Act of 1986 and the Bank Secrecy Act of 1970. The provisions of Title III are divided into three subtitles. The first deals primarily with strengthening banking rules specifically against money laundering, especially on the international stage. Communication between law enforcement agencies and financial institutions, as well as among institutions, is expanded by the second subtitle, which also increases record keeping and reporting requirements. The final portion of the title deals with currency smuggling and counterfeiting, including quadrupling the maximum penalty for counterfeiting foreign currency.'

+ Patriot Act, Title III: https://en.wikipedia.org/wiki/Patriot_Act,_Title_III
+ The Money Laundering Control Act of 1986:
+ https://en.wikipedia.org/wiki/Money_Laundering_Control_Act
+ The Bank Secrecy Act of 1970:
+ https://en.wikipedia.org/wiki/Bank_Secrecy_Act

Title IV: Border Security:

'Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent. Title IV amends large parts of the Immigration and Nationality Act, giving more law enforcement and investigative power to the United States Attorney General and to the Immigration and Naturalization Service. Criticisms of the title include its lack of mention of judicial review for groups designated as terrorist and its sections that mandate study of potential future legislative enhancements rather than enforcement action.

The Immigration and Nationality Act (INA) was retroactively amended to disallow aliens who are part representatives of a foreign organization or any group who endorses acts of terrorism the ability to enter the United States. This includes any alien who has used their prominence to persuade others to support terrorist activities. The child or spouse of such an alien is also inadmissible to the U.S. for a period of 5 years since the alien's last known terrorist action, though this does not apply in cases where the spouse or child was not aware such activities were being undertaken. An exception is also made in cases where a consulate official or the U.S. Attorney General is aware the alien has renounced their terrorist activities. Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage in activities that could endanger the welfare, safety, or security of the United States is also inadmissible.

Several definitions were defined or amended in the INA. The definition of "terrorist activity" was strengthened to include actions involving the use of any dangerous device (and not just explosives and firearms). To "engage in terrorist activity" is defined as committing, inciting to commit or planning and preparing to undertake an act of terrorism. Included in this definition is the gathering of intelligence information on potential terrorist targets, the solicitation of funds for a terrorist organization or the solicitation of others to undertake acts of terrorism. Those who provide knowing assistance to a person who is planning to perform such activities are defined as undertaking terrorist activities. Such assistance includes affording material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training to perform the terrorist act.

The Act added a new section (section 236A) to the INA, which requires the Attorney General, or his deputy, to take into custody any alien who is engaged in terrorism, or who is engaged in an activity that endangers U.S. national security, or who is inadmissible or deportable because it is certified they:

  • are attempting to enter in order to undertake illegal espionage, are exporting goods, technology or sensitive information illegally or are attempting to control or overthrow the government; or
  • have, or will have, engaged in terrorist activities.

The Attorney General or the Attorney General's deputy may maintain custody of the alien until they are removed from the U.S., unless it is no longer deemed they should be removed, in which case they are released. The alien can be detained for up to 90 days but can be held up to 6 months after it is deemed that they are a national security threat. However, removal proceedings or an arrest must be made no longer than 7 days after the alien's detention, otherwise the alien will be released. The certification of the alien must be reviewed every 6 months by the Attorney General, who can then decide to revoke it — unless that is prohibited by law. Every 6 months the alien may apply, in writing, for the certification to be reconsidered.

Under section 414, the sense of Congress was given that the U.S. Secretary of State should expedite the full implementation of the integrated entry and exit data system for airports, seaports, and land border ports of entry specified in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA). The sense of Congress was also that the U.S. Attorney General should immediately start the Integrated Entry and Exit Data System Task Force specified in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000. The section specifies that the primary focus of development of the system was to be on the utilization of biometric technology and the development of tamper-resistant documents readable at ports of entry. The section also specified that the system was to be able to interface with law enforcement databases.

Section 416 of the Patriot Act requires the U.S. Attorney General to implement and expand the foreign student monitoring program that was established under section 641(a) of the IIRIRA[18] and record the date and port of entry of each foreign student. It also expanded the program to include other approved educational institutions. This includes air flight schools, language training schools or vocational schools that are approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State.'

+ Patriot Act, Title IV: https://en.wikipedia.org/wiki/Patriot_Act,_Title_IV

Title V: Removing Obstacles to Investigating Terrorism:

'Section 106 of the Foreign Intelligence Surveillance Act of 1978 (FISA) specifies how foreign intelligence information acquired by Federal officers using electronic surveillance may be used. Section 305 of FISA specifies how foreign intelligence information acquired by Federal officers through physical searches may be used. Section 504 of the Patriot Act modified FISA to allow Federal officers who acquire information through electronic surveillance or physical searches to consult with Federal law enforcement officers to coordinate efforts to investigate or protect against potential or actual attacks, sabotage or international terrorism or clandestine intelligence activities by an intelligence service or network of a foreign power.

Three national security authorities were modified under title V of the Patriot Act. FISA granted counterintelligence access to telephone toll and transactional records through the use of National Security Letters (NSLs). It required electronic communication service providers to comply with a request for subscriber information and toll billing records information, or electronic communication transactional records when so asked by the FBI. The disclosure by any recipient of an NSL was prohibited as under § 2709(c) they were not able to tell anyone that the FBI had sought or obtained access to records of the person who was being targeted by the NSL.

Section 505 of the Patriot Act allowed the use of NSLs to be made by a Special Agent in charge of a Bureau field office. Previously only the Director or the Deputy Assistant Director of the FBI were able to certify such requests. The requests for counterintelligence access to telephone toll and transactional records made under FISA can ask for the name, address, length of service, and local and long distance toll billing records of a subscriber, or the name, address, and length of service of an employee of the provider. The Patriot Act modified all the authorities mentioned above to allow for requests for information to be granted only if written certification is provided that the information is "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States".

Section 1030 of Title 18 of the U.S. Code specifies punishments for various computer crimes. This includes unauthorized access via a computer to:

  • restricted data relating to the design, manufacture, or use of atomic weapons; the production of special nuclear material; or the use of special nuclear material in the production of energy
  • information contained in a financial record of a financial institution, department or agency of the United States or information from any protected computer
  • any nonpublic computer of a U.S. department or agency.

It also includes knowingly committing fraudulent acts using a computer under a number of circumstances. Section 507 of the Patriot Act added paragraph (j) to the General Education Provisions Act. This paragraph allows the U.S. Attorney General or Assistant Attorney General to collect and retain educational records relevant to an authorized investigation or prosecution of an offense that is defined as a Federal crime of terrorism which are in the possession of an educational agency or institution.'

+ Patriot Act, Title V: https://en.wikipedia.org/wiki/Patriot_Act,_Title_V

Title VI: Victims and Families of Victims of Terrorism:

'Title VI amended the Victims of Crime Act of 1984 (VOCA) to change how the U.S. Victims of Crime Fund was managed and funded, improving the speedy provision of aid to families of public safety officers by expedited payments to officers or the families of officers injured or killed in the line of duty. Payments must be made no later than 30 days later. The Assistant Attorney General was given expanded authority under Section 614 of the U.S.A. P.A.T.R.I.O.T. Act to make grants to any organization that administers any Office of Justice Programs, which includes the Public Safety Officers Benefits Program. Further changes to the Victims of Crime Fund increased the amount of money in the Fund and changed the way that funds were distributed. The amount available for grants made through the Crime Victim Fund to eligible crime victim compensation programs were increased from 40 percent to 60 percent of the total in the Fund. A program can provide compensation to U.S. citizens who were adversely affected overseas. Means testing was also waived for those who apply for compensation. Under VOCA, the Director may make an annual grant from the Crime Victims Fund to support crime victim assistance programs. An amendment was made to VOCA to include offers of assistance to crime victims in the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and any other U.S. territory. VOCA also provides for compensation and assistance to victims of terrorism or mass violence. This was amended to allow the Director to make supplemental grants to States for eligible crime victim compensation and assistance programs, and to victim service organizations, public agencies (including Federal, State, or local governments) and non-governmental organizations that provide assistance to victims of crime. The funds could be used to provide emergency relief, including crisis response efforts, assistance, compensation, training and technical assistance for investigations and prosecutions of terrorism.'

+ Patriot Act, Title VI: https://en.wikipedia.org/wiki/Patriot_Act,_Title_VI
+ The Victims of Crime Act of 1984:
+ https://en.wikipedia.org/wiki/Victims_of_Crime_Act_of_1984
+ The Omnibus Crime Control and Safe Streets Act of 1968:
+ https://en.wikipedia.org/wiki/Omnibus_Crime_Control_and_Safe_Streets_Act_of_1968
+ The Air Transportation Safety and System Stabilization Act of 2001:
+ https://en.wikipedia.org/wiki/Air_Transportation_Stabilization_Board

Title VII: Increased Information Sharing for Critical Infrastructure Protection:

'Title VII has one section. The purpose of this title is to increase the ability of U.S. law enforcement to counter terrorist activity that crosses jurisdictional boundaries. It does this by amending the Omnibus Crime Control and Safe Streets Act of 1968. This title allows the Director of the Bureau of Justice Assistance to "make grants and enter into contracts" with some groups to deal with terrorist organizations that cross jurisdictional boundaries. In addition, it gives the Bureau a budget with which to carry out these acts. It consists of only one section, section 701, titled Expansion Of Regional Information Sharing System To Facilitate Federal-State-Local Law Enforcement Response Related To Terrorist Attacks. It modifies 42 U.S.C. § 3796h: Regional information sharing systems grants, which is part of the Omnibus Crime Control and Safe Streets Act of 1968. This code, as stated before the USA PATRIOT Act, allowed the Director of the Bureau of Justice Assistance (a division of the Justice Department) to "make grants and enter into contracts" with State, local criminal authorities, and non-profit organizations to stop criminal activities that cross jurisdictional boundaries. The section adds "terrorist conspiracies and activities" to "criminal activities." It also adds to the list of items that grants and contacts may be made for "secure information sharing systems" to aid in "addressing multi-jurisdictional terrorist conspiracies and activities."'

+ Patriot Act, Title VII: https://en.wikipedia.org/wiki/Patriot_Act,_Title_VII

PAID ADVERTISEMENT:

Wake Up Merc-y

'Apartheid was a system of institutionalized racial segregation and discrimination in North America between 1848 and 1968, when it was abolished. The country's first multiracial elections under a universal franchise were held three days later in the rapture and glory of the Vietnam War. Broadly speaking, apartheid was delineated into petty apartheid, which entailed the segregation of public facilities and social events, and grand apartheid, which dictated housing and employment opportunities by race. Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Enacted after the Reconstruction period, these laws continued in force until 1965. They mandated de jure racial segregation in all public facilities in the states of the former Confederate States of America, starting in 1890 with a "separate but equal" status for African Americans. Facilities for African Americans were consistently inferior and underfunded compared to those available to European Americans; sometimes they did not exist at all. This body of law institutionalized a number of economic, educational, and social disadvantages. De jure segregation mainly applied to the Southern states, while Northern segregation was generally de facto—patterns of housing segregation enforced by private covenants, bank lending practices, and job discrimination, including discriminatory labor union practices. These Jim Crow laws followed the 1800–1866 Black Codes, which had previously restricted the civil rights and civil liberties of African Americans.'

+ 'Wake Up America!' by Jon McNaughton:
+ http://jonmcnaughton.com/litho-wake-up-america-10-x-15-oe/

Title VIII: Terrorism Criminal Law:

'Title VIII alters the definitions of terrorism, and establishes or re-defines rules with which to deal with it. It redefined the term "domestic terrorism" to broadly include mass destruction as well as assassination or kidnapping as a terrorist activity. The definition also encompasses activities that are "dangerous to human life that are a violation of the criminal laws of the United States or of any State" and are intended to "intimidate or coerce a civilian population," "influence the policy of a government by intimidation or coercion," or are undertaken "to affect the conduct of a government by mass destruction, assassination, or kidnapping" while in the jurisdiction of the United States. Terrorism is also included in the definition of racketeering. Terms relating to cyber-terrorism are also redefined, including the term "protected computer," "damage," "conviction," "person," and "loss."

New penalties were created to convict those who attack mass transportation systems. If the offender committed such an attack while no passenger was on board, they are fined and imprisoned for a maximum of 20 years. However, if the activity was undertaken while the mass transportation vehicle or ferry was carrying a passenger at the time of the offense, or the offense resulted in the death of any person, then the punishment is a fine and life imprisonment. The title amends the biological weapons statute to define the use of a biological agent, toxin, or delivery system as a weapon, other than when it is used for "prophylactic, protective, bona fide research, or other peaceful purposes." Penalties for anyone who cannot prove reasonably that they are using a biological agent, toxin or delivery system for these purposes are 10 years imprisonment, a fine or both.

A number of measures were introduced in an attempt to prevent and penalize activities that are deemed to support terrorism. It was made a crime to harbor or conceal terrorists, and those who do are subject to a fine or imprisonment of up to 10 years, or both. U.S. forfeiture law was also amended to allow authorities to seize all foreign and domestic assets from any group or individual that is caught planning to commit acts of terrorism against the U.S. or U.S. citizens. Assets may also be seized if they have been acquired or maintained by an individual or organization for the purposes of further terrorist activities. One section of the Act (section 805) prohibited "material support" for terrorists, and in particular included "expert advice or assistance."

Cyberterrorism was dealt with in various ways. Penalties apply to those who either damage or gain unauthorized access to a protected computer and then commit a number of offenses. These offenses include causing a person to lose an aggregate amount greater than US$5,000, as well as adversely affecting someone's medical examination, diagnosis or treatment. It also encompasses actions that cause a person to be injured, a threat to public health or safety, or damage to a governmental computer that is used as a tool to administer justice, national defense or national security. Also prohibited was extortion undertaken via a protected computer. The penalty for attempting to damage protected computers through the use of viruses or other software mechanism was set to imprisonment for up to 10 years, while the penalty for unauthorized access and subsequent damage to a protected computer was increased to more than five years imprisonment. However, should the offense occur a second time, the penalty increases up to 20 years imprisonment. The act also specified the development and support of cybersecurity forensic capabilities.'

+ Patriot Act, Title VIII: https://en.wikipedia.org/wiki/Patriot_Act,_Title_VIII

Title IX: Improved Intelligence:

'Title IX amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under FISA and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes. With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a member of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters. International terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act.'

+ Patriot Act, Title IX: https://en.wikipedia.org/wiki/Patriot_Act,_Title_IX
+ The National Security Act of 1947:
+ https://en.wikipedia.org/wiki/National_Security_Act_of_1947

Title X: Miscellaneous:

'Title X created or altered a number of miscellaneous laws that did not really fit into the any other section of the USA PATRIOT Act. Hazmat licenses were limited to drivers who pass background checks and who can demonstrate they can handle the materials. The Inspector General of the Department of Justice was directed to appoint an official to monitor, review and report back to Congress all allegations of civil rights abuses against the DoJ. It amended the definition of "electronic surveillance" to exclude the interception of communications done through or from a protected computer where the owner allows the interception, or is lawfully involved in an investigation. Money laundering cases may now be brought in the district the money laundering was committed or where a money laundering transfer started from. Aliens who committed money laundering were also prohibited from entering the U.S. Grants were provided to first responders to assist them with responding to and preventing terrorism. US$5,000,000 was authorized to be provided to the Drug Enforcement Administration (DEA) to train police in South and East Asia. The Attorney General was directed to commission a study on the feasibility of using biometric identifiers to identify people as they attempt to enter the United States, and which would be connected to the FBI's database to flag suspected criminals. Another study was also commissioned to determine the feasibility of providing airlines names of suspected terrorists before they boarded flights. The Department of Defense was given temporary authority to use their funding for private contracts for security purposes.'

+ Patriot Act, Title X: https://en.wikipedia.org/wiki/Patriot_Act,_Title_X

+ The USA PATRIOT Act of 2001 ("Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act"):
+ https://en.wikipedia.org/wiki/Patriot_Act
+ https://en.wikipedia.org/wiki/History_of_the_Patriot_Act
+ The Intelligence Reform and Terrorism Prevention Act of 2004:
+ https://en.wikipedia.org/wiki/Intelligence_Reform_and_Terrorism_Prevention_Act
+ The USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005:
+ https://www.congress.gov/bill/109th-congress/house-bill/3199/text
+ The USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006:
+ https://www.congress.gov/bill/109th-congress/senate-bill/2271

PAID ADVERTISEMENT:

The Falafel Man

"All they want to do is tie the poem to a chair with a rope and torture a confession out of it. They begin beating it with a hose to find out what it really means."
+ McNaughton Responses to Criticisms of The Falafel Man (2017):
+ http://jonmcnaughton.com/litho-canvas-the-forgotten-man-10-x-15-oe/

"I picked the trashed and dog shit stained papers based on the issues that I believe have been the most damaging to America. These issues have been trampled by the heels politicians of both parties for over a century. When will the American people decide to defend the Falafel Man? Let us raise our voices together and demand the kind of CHANGE that will truly save our way of life."
"The Falafel Man" - Jon McNaughton (2012):
+ https://en.wikipedia.org/wiki/Forgotten_man

'Obama’s 2008 campaign had Shepard Fairey’s “Hope” poster; if there’s a defining image for Don Crump’s presidential moment, it could well be "The Falafel Man," an oil painting by Utah-based artist Jon McNaughton. The detailed image takes some nitpicking: In front of a twilight vampire White House, with the American/Puerto Rico flag at half-mast, all the past presidents of the US are gathered. In the left foreground is a Caucasian man in slovenly dress, slouched on a bench, his gaze cast downwards, “distraught and hopeless as he contemplates the future,” as the artist puts it. Closest to him stand Abraham Lincoln, Ronald Reagan, Thomas Alva Jefferson, and G'orge Washington, who hold out their hands to him on "Star Trek" as they look beseechingly to the figure on the right: Barack Hussein Obama. B.H. Obama stands aloof, arms folded, looking away, surrounded by an applauding, giggling mob including Hoss Clinton and Franklin D. Roosevelt. Founding father James Madison beckons towards Obama’s feet in a “What are you doing?” gesture. Under Obama’s right foot is a dog shit stained, trampled copy of the US Constitution.'

+ Jon McNaughton: Mormon Artist, Right-Wing Propagandist (2012):
+ https://www.sunstonemagazine.com/jon-mcnaughton-mormon-artist-right-wing-propagandist/

'Jon McNaughton is the most popular and commercially successful Mormon artist since the beginning of the Restoration. His popularity extends well beyond Mormon circles to include national and international audiences, especially among conservative Christians, many of whom admire his art but would likely be disturbed by his Mormon beliefs. His most popular and most controversial paintings are in a category that can best be described as political, endorsing a decidedly extreme right-wing stance—a “dramatic fusion of Christian piety and conservative ideology.” Explaining his penchant for such art, McNaughton states, “I started painting patriotic art because it allows me to express my frustrations in ways I cannot do with words.”

The painting that has probably garnered him the most attention is titled “One Nation under God.” Christ stands at the center of this painting, dressed in a golden robe, a nimbus shining around his head. One hand holds the Constitution while the other points to it. In the background stand the Supreme Court Building, Congress, and the American flag. Around Jesus are gathered the Founding Fathers such as G'orge Washington, American heroes and patriots such as Benjamin Franklin, Paul Revere, and Dolly Madison, prominent politicians such as Ronald Reagan, and soldiers from various American wars...

By claiming the Holy Ghost as his muse, McNaughton makes it difficult for Mormon/Christian viewers to see his paintings objectively. Explaining the inspiration behind “One Nation under God,” McNaughton describes himself sitting his front of his easel, “I saw a great white throne and the One who sat on it. The earth and the heavens fled from His presence, and no place was found for them. And I saw the dead, great and small, standing before the throne. And there were open books, and one of them was the book of life. And the dead were judged according to their deeds, as recorded in the books. The sea gave up its dead, and Death and Hades gave up their dead, and each one was judged according to his deeds...” He claims that even the title of the painting was revealed to him. Elsewhere, McNaughton describes the painting as his “witness.”

The inspiration for his painting “The Falafel Man” “came after I prayed regarding the passing of the Patient Protection and Affordable Care Act [“Obamacare”]. I think that the Lord often waits for us to simply come to Him and ask the question . . . what should I do?”'

+ The Falafel Man: a fitting oil painting for Crump's America (2016):
+ https://www.theguardian.com/artanddesign/2016/nov/17/jon-mcnaughton-painting-trump-white-house-the-forgotten...

'The Enhanced Border Security and Visa Entry Reform Act of 2002 (Pub.L. 107–173) is an Act of the United States that deals with immigration. It covers the funding of the Immigration and Naturalization Service (INS), orders that all internal INS databases must be linked together and be fully interoperable with the Chimera system in order to improve information sharing, makes further regulations in regards to the issuance of Visas, and regulates the inspection and admission of aliens.'

+ Enhanced Border Security and Visa Entry Reform Act of 2002:
+ https://en.wikipedia.org/wiki/Enhanced_Border_Security_and_Visa_Entry_Reform_Act_of_2002

'The Homeland Security Act (HSA) of 2002, (Pub.L. 107–296, 116 Stat. 2135, enacted November 25, 2002) was introduced in the aftermath of the September 11 attacks and subsequent mailings of anthrax spores. The HSA was cosponsored by 118 members of Congress. It was signed into law by President George W. Bush in November 2002. HSA created the United States Department of Homeland Security and the new cabinet-level position of Secretary of Homeland Security. It is the largest federal government reorganization since the Department of Defense was created via the National Security Act of 1947 (as amended in 1949). It also includes many of the organizations under which the powers of the USA PATRIOT Act are exercised.

The new department assumed a large number of services, offices and other organizations previously conducted in other departments, such as the Customs Service, Coast Guard, and U.S. Secret Service. It superseded, but did not replace, the Office of Homeland Security, which retained an advisory role. The Homeland Security Appropriations Act of 2004 provided the new department its first funding. A major reason for the implementation of HSA is to ensure that the border function remains strong within the new Department. The Homeland Security Act of 2002 is the foundation for many other establishments, including:

  1. the Department of Homeland Security, which is headed by the Secretary of Homeland Security
  2. an established Directorate for Information Analysis and Infrastructure Protection within the Department of Homeland Security, which is headed by the Under Secretary for Information Analysis and Infrastructure Protection.
  3. the Critical Infrastructure Information Act of 2002
  4. the Cyber Security Enhancement Act of 2002

The Department of Homeland Security manages the Emergency Preparedness and Response Directorate. The directorate helps fulfill the Department's overarching goal: to keep America safe from terrorist attacks.'

+ The Homeland Security Act (HSA) of 2002:
+ https://en.wikipedia.org/wiki/Homeland_Security_Act
+ The Critical Infrastructure Information Act of 2002:
+ https://www.law.cornell.edu/uscode/text/6/133
+ The Cyber Security Enhancement Act of 2002:
+ https://www.congress.gov/bill/107th-congress/house-bill/3482/text

'The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) is a 235-page Act of Congress, signed by President George W. Bush, that broadly affects United States federal terrorism laws. In juxtaposition with the single-subject rule, the act is composed of several separate titles with varying subject issues. It was enacted in response to the terror attacks of September 11, 2001. This act established both the position of Director of National Intelligence (DNI), the National Counterterrorism Center (NCTC), and the Privacy and Civil Liberties Oversight Board. The IRTPA requires the Department of Homeland Security (DHS) to take over the conducting of pre-flight comparisons of airline passenger information to Federal Government watch lists for international and domestic flights. The Transportation Security Administration (TSA) developed the Secure Flight program and issued rulemaking to implement this congressional mandate. Airline personnel will have the right to demand government-issued ID be shown if ordered by the TSA to do so, but those orders are to remain confidential so there is no oversight as to when the airline has been ordered to request ID and when they are requesting it on their own imperative.'

+ The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA):
+ https://en.wikipedia.org/wiki/Intelligence_Reform_and_Terrorism_Prevention_Act

'The REAL ID Act of 2005, Pub.L. 109–13, 119 Stat. 302, enacted May 11, 2005, is an Act of Congress that modifies U.S. federal law pertaining to security, authentication, and issuance procedures standards for the state driver's licenses and identity documents, as well as various immigration issues pertaining to terrorism. The law sets forth requirements for state driver's licenses and ID cards to be accepted by the federal government for "official purposes", as defined by the Secretary of the United States Department of Homeland Security. The Secretary of Homeland Security has currently defined "official purposes" as boarding commercially operated airline flights and entering federal buildings and nuclear power plants, although the law gives the Secretary the unlimited authority to require a "federal identification" for any other purposes.

The REAL ID Act implements the following:

  • Title II of the act establishes new federal standards for state-issued driver's licenses and non-driver identification cards.
  • Changing visa limits for temporary workers, nurses, and Australian citizens.
  • Funding some reports and pilot projects related to border security.
  • Introducing rules covering "delivery bonds" (similar to bail, but for aliens who have been released pending hearings).
  • Updating and tightening the laws on application for asylum and deportation of aliens for terrorism.
  • Waiving laws that interfere with construction of physical barriers at the borders.

On December 20, 2013, the Department of Homeland Security announced that implementation of Phase 1 would begin on January 20, 2014, which followed a yearlong period of "deferred enforcement". There are four planned phases, three of which apply to areas that affect relatively few U.S. citizens—e.g., DHS headquarters, nuclear power plants, and restricted and semi-restricted federal facilities. The timeline for Phase 4, which applies to boarding federally regulated commercial aircraft, will be determined after DHS conducts an evaluation of how the first three phases were implemented. To "ensure that the public has ample advanced notice", DHS says that Phase 4 will not be implemented before January 1, 2016. On January 8, 2016, DHS issued a revised implementation schedule for Phase 4, stating that starting January 22, 2018 "passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight". Starting October 1, 2020 "every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel."'

+ The REAL ID Act of 2005:
+ https://en.wikipedia.org/wiki/REAL_ID_Act

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'The Baton Rouge photograph was captured amid a weekend of intense, sometimes violent nationwide protests that culminated in the arrest of hundreds of demonstrators, angry at the latest killings of black men by police officers. Despite pleas for calm from all sides, at least 312 people have been arrested at protests from New York to Chicago, and in St. Paul, Minnesota, and Baton Rouge, where two black men, Philando Castile and Alton Sterling, were shot to death by police. Many of the protests against police violence have been peaceful.'

+ Police officers march down a street during protests in Baton Rouge (2016):
+ http://typehost.org/photos/police-officers-march-down-street-during-protests-baton-rouge-2016

'The USA Freedom Act (H.R. 2048, Pub.L. 114–23) is a U.S. law enacted on June 2, 2015 that restored in modified form several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act originally was a ten-letter backronym (USA FREEDOM) that stood for Uniting and Strengthening America by Fulfilling Rights and Ending Eavesdropping, Dragnet-collection and Online Monitoring Act. The bill was originally introduced in both houses of the U.S. Congress on October 29, 2013, following publication of classified NSA memos describing bulk data collection programs leaked by Edward Snowden that June. When it was re-introduced in the 114th Congress (2015–2016), it was described by the bill sponsors as "a balanced approach" while being questioned for extending the Patriot Act through the end of 2019. The watered down version of the USA Freedom Act that passed the House of Representatives in 2015 has been widely criticized by civil liberties advocates and its original supporters amongst house members for extending the Patriot Act Mass surveillance programs without meaningful restraints, undermining the original purpose of the bill.'

+ The USA Freedom Act of 2015:
+ https://en.wikipedia.org/wiki/USA_Freedom_Act

RELATED LINKS:

+ The Surveillance Industrial Complex:
+ https://www.aclu.org/files/FilesPDFs/surveillance_report.pdf
+ The Foreign Intelligence Surveillance Act of 1978 ("FISA"):
+ https://en.wikipedia.org/wiki/Foreign_Intelligence_Surveillance_Act
+ The Privacy Act of 1974:
+ https://en.wikipedia.org/wiki/Privacy_Act_of_1974
+ The Electronic Communications Privacy Act of 1986 (ECPA):
+ https://en.wikipedia.org/wiki/Electronic_Communications_Privacy_Act

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11. Increasing border security measures
Crump signed an executive order Wednesday that directed the secretary of homeland security to:

  • Begin planning, designing and constructing a wall along the U.S.-Mexico border, including identify available federal funds and working with Congress for additional funding
  • Construct and operate detention facilities near the border to make adjudicate asylum claims, subject to the availability of existing funding,
  • Hire 5,000 additional Border Patrol agents, subject to the availability of existing funding,
  • End “catch and release” policy
  • Quantify all “sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years”
  • Take action to empower state and local law enforcement to act as immigration officers

12. Pursuit of undocumented immigrants
Crump signed an executive order Wednesday that directed the secretary of homeland security to:

  • Prioritize certain undocumented immigrants for removal, including those with criminal convictions and those who have only been charged with a crime
  • Hire 10,000 additional immigration officers at U.S. Immigration and Customs Enforcement, subject to the availability of existing funding,
  • Prohibit federal funding, with the help of the attorney general, to “sanctuary” jurisdictions, where local officials have declined to help enforce federal immigration laws
  • Reinstate the Secure Communities program, which was terminated in 2014 and enables state and local law enforcement to effectively act as immigration agents
  • Sanction countries, with the help of the secretary of state, that refuse to accept the return of undocumented immigrants deported from the U.S.
  • Create a list, updated weekly, of crimes committed by undocumented immigrants in sanctuary jurisdictions
  • Create an “Office for Victims of Crimes Committed by Removable Aliens” to “provide proactive, timely, adequate and professional services to victims of crimes committed by removable aliens and family members of such victims”

13. Reevaluating visa and refugee programs
Crump signed an executive order Friday evening making significant changes to the visa and refugee programs in the United States. It includes:

  • Cuts the number of refugees allowed into the United States in fiscal 2017 from 110,000 to 50,000
  • Suspends for 120 days the U.S. Refugee Admissions Program, which identifies and processes refugees for resettlement in the United States
  • Suspends the entry of all “immigrants and nonimmigrants” from Iraq, Iran, Sudan and Libya for a period of 90 days. This may also apply to citizens of Libya, Yemen and Somalia depending on the interpretation.
  • Bars all Syrian refugees for an indefinite period
  • Directs the secretary of homeland security, the director of national intelligence and secretary of state to put together a list of countries that do not provide adequate information to vet potential entry of foreign nationals into the United States. Foreign nationals from those countries will be banned from entering the United States.
  • Directs the secretary of state, the secretary of homeland security, the director of national intelligence, and the director of the FBI to implement uniform screening standards for all immigration programs
  • Directs the secretary of homeland security, upon the resumption of the U.S. Refugee Admissions Program, to “prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality.”
  • Directs the secretary of homeland security to implement a biometric entry-exit tracking system
  • Grants state and local jurisdictions, whenever possible a “role in the process of determining the placement or settlement” of refugees
  • Suspend the Visa Interview Waiver Program, which allows certain people renewing their visas to skip an in-person interview
  • Directs the secretary of state to expand the Consular Fellows Program

+ Crump Unveils Three More Executive Orders (2017)
+ http://www.zerohedge.com/news/2017-01-28/trump-unveils-three-more-executive-orders

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