Donald Trump announced a new pre-election proposal on immigration, which prohibits "communists" and "Marxists" from entering the United States of America (USA), the Voice of America reports.
The former Republican president, who is running for the Republican Party's presidential nomination in 2024, said Saturday that he may use "Section 212(f) of the Immigration and Nationality Act" to "order his government to deny entry to all Communists and Marxists."
The announcement recalled a ban on travelers from several Muslim-majority countries during Trump's first term, which was heavily criticized as anti-Muslim and was lifted by President Joseph Biden.
"Those who come to enjoy our country must love it," Trump said during a speech at the "Coalition for Faith and Freedom" conference in Washington, adding, "We will keep foreign communists who hate Christians, Marxists and socialists out of America."
He also said there should be a "new law" to deal with communists and Marxists who grew up in America, but did not elaborate on what that would entail.
Trump's proposal also raises the question of whether a decades-old law could be used to ban all communist and Marxist immigrants to the U.S. to make it work, and why Trump is so focused on those political theories in a country where very few people support them.
What does current US law say about that?
U.S. immigration law already bars people who are members of any Communist Party from becoming citizens or obtaining permanent residency (a green card), said Andrew Arthur, a former immigration judge and fellow at the Center for Immigration Studies in Washington, which advocates for the reduction immigration to the USA.
US immigration law states that any immigrant "...who has been or has been a member of or associated with a Communist or any other totalitarian party (or its affiliate), domestic or foreign, is inadmissible."
The rule's origins date back to 1918, when the US government became concerned about "external threats from anarchism and communism," according to the Citizenship and Immigration Services Handbook. At that time, it was the end of the First World War, communism was taking root in the Soviet Union, and soon strict immigration quotas were introduced in the USA.
But there are some exceptions. According to immigration law, people who had to join the Communist Party to get a job or who joined when they were under 16 were exempt. The ban does not currently apply to anyone who wants to visit the US, on a tourist visa or as a student.
In his speech, Trump said he would use a specific section of the US immigration law – Section 212(f) – to ban "all communists and all Marxists". That paragraph gives broad authority to bar the entry of non-US citizens into the country if their entry would be "prejudicial to the interests of the United States."
Is there a precedent for that?
Trump's comments about cracking down on communists and Marxists are reminiscent of one of his administration's most controversial actions — often called the Muslim travel ban by critics. Opponents cited Trump's tweets and rhetoric claiming the travel ban discriminated against Muslims.
But the Supreme Court ruled 5-4 in Trump's favor.
Chief Justice John Roberts then said in the majority opinion, that the judges are not asking whether it is good policy, but whether it is within the framework of the significant powers of American presidents when it comes to immigration and their responsibility for the security of the nation.
Artur points out that because of this case, he thinks that Trump will have a good legal basis if he tries to prevent communists or Marxists from entering the US.
Arthur also said that foreign nationals trying to enter the US have few constitutional rights compared to Americans.
Trump was not the first president to use that specific provision of immigration law to limit who can enter the US.
A 2020 Congressional Research Service report cited examples of its use by various US presidents, but noted that Trump has used the power to impose more restrictions than his predecessors.
How would that actually work?
Bill Hinge, a professor at the University of San Francisco and general counsel of the California Immigrant Legal Resource Center, said Trump would run into legal trouble if he completely excluded all communists or Marxists.
In the travel ban that was ultimately upheld by the Supreme Court, Hinges said the court paid particular attention to the steps the Trump administration took to check with US embassies abroad whether they could guarantee that people coming from those countries would not pose a threat to USA.
"You have to have some justification," Hinge said.
Immigration attorney Allen Orr, former president of the Washington-based American Immigration Lawyers Association, shares a similar view. Orr said the version that eventually reached the Supreme Court had "a whole list of exceptions."
"It's not a total ban if there are a bunch of exceptions," Orr said.
If Trump is elected, who would be affected by the plan?
Analysts point directly to one country: China, where tens of millions of people are members of the Communist Party.
Jill Bates is the executive director of the Asia Society China Analysis Center. He says that such a ban would affect China the most and should be viewed through that lens.
Gill said that in addition to the large number of members who are Chinese government officials, party membership has also traditionally been a path to advancement for citizens who are often well-educated, urbane and internationally oriented.
From the end of the nineties, said Žil, businessmen also joined the party.
"Essentially, you would be banning China's elite from entering the U.S.," he said. "That would be widespread and of course very damaging to relations with China."
Are there Communists and Marxists in America?
There are some, but judging by the membership in the National Communist Party, it is quite a small number.
The Communist Party USA has about 15 people on its membership list, said party co-president Joe Sims. The list is "regularly updated," he said, adding that some members are no longer active.
The party is growing by about two to three thousand new members a year and has some local candidates for school board and city council, Sims added.
However, there is no one in federal or state elective office and it hasn't had a presidential candidate since the mid-XNUMXs, he said.
So why is Trump talking about them?
Spreading fear that Communists and Marxists are poised to take over the country has proven to be an effective way for the former president to energize his base.
While there is no real risk that the US will soon become a "Third World Marxist regime," as Trump suggests, the attacks have helped him tap into the emotions of voters in a country with a long history of anti-communist sentiment.
The tactic also helped Trump reach out to some immigrants whose families faced oppression and political persecution under communist regimes in countries such as Venezuela, Cuba and Vietnam.
Trump has also, without merit, criticized his Democratic rivals in that context since he first appeared on the political scene, but Florida Gov. Ron Desantis and other Republicans have recently used similar attacks.
Experts say it is false to suggest that Communists or Marxists rule major American institutions. Biden, for example, is a proponent of capitalism who has undertaken regulation to promote economic competition.
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