Trump wants to ban 'all communists and Marxists' from entering the US: who and how will it affect

The 45th President of the United States and Republican presidential candidate Donald Trump announced a new campaign proposal on immigration to the United States - to ban "communists and Marxists" from entering the country. How can he do it and who will it affect? APNews.

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Trump said he would use "Section 212(f) of the Immigration and Nationality Act" to "advise the government to ban all communists and all Marxists from entering."

The announcement was reminiscent of Trump's ban on immigrants from several predominantly Muslim countries during his first term. This ban was heavily criticized as anti-Muslim and was eventually lifted by President Joe Biden.

“Those who come to enjoy our country should love it,” Trump said during a speech at the Faith and Freedom Coalition conference in Washington. “We are going to keep foreign, Christian-hating communists, Marxists and socialists out of the United States.”

He remarked that a "new law" was needed for American-raised communists and Marxists, but did not specify what it should include.

On the subject: Trump wants the US to stop giving citizenship to children of illegal immigrants born in the country

Trump's proposal has raised questions about whether a decade-old law could actually be used to bar all communist and Marxist immigrants from entering the US, how that would work, and why Trump is so focused on these political theories in a country where few support them. residents.

What does current US law say about this?

U.S. immigration law already prohibits people who are members of the Communist Party from becoming naturalized citizens or green card holders, said Andrew Arthur, a former immigration judge and an employee of the Center for Immigration Research, a Washington, D.C.-based think tank that advocates a reduction immigration to the USA.

US immigration law states that any immigrant "... who is, has been a member or affiliate of a communist or any other totalitarian party (subsidiary or affiliate thereof), local or foreign, is not allowed into the United States."

The origins of this rule date back to 1918, when the US government was concerned about "external threats from anarchism and communism". At that time, the end of the First World War, communism was taking root in the Soviet Union, and soon the United States introduced strict immigration quotas.

But they have some exceptions. For example, people who had to join the Communist Party in order to get a job, or if their membership was formalized before the age of 16.

The ban does not currently apply to those who wish to visit the US, such as on a tourist visa or as a student.

During his speech, Trump emphasized that he would use a specific section of US immigration law (Section 212(f)) to ban "all communists and all Marxists". This section gives broad powers to bar non-U.S. citizens from entering the country if their entry would "prejudice the interests of the United States."

Is there a precedent for this

Trump's comments about banning communists and Marxists date back to one of his administration's most controversial actions, often referred to by critics as "banning Muslims." Opponents argued that the ban discriminated against Muslims. But the Supreme Court ruled 5–4 in favor of Trump. Chief Justice John Roberts stated that, according to the majority at the time, the judges did not consider whether the rule was a good one, but it was within the significant powers of U.S. presidents regarding immigration and the responsibility of keeping the nation safe.

Arthur noted that this case is a key indicator that Trump would have strong legal grounds if he tried to ban communists or Marxists from entering the United States. Foreign citizens trying to enter the United States have few of the constitutional rights afforded American citizens, he said.

Trump was not the first president to use this special immigration law power to limit who can enter the US. A 2020 report by the Congressional Research Service noted instances where this special right has been exercised by different presidents. The report also noted that Trump used his authority to impose broader restrictions than his predecessors.

How does it work

Bill Hing, a professor at the University of San Francisco and general counsel for the California Immigrant Legal Resource Center, thinks Trump will get in trouble with the law if he completely expels all communists or Marxists.

In the travel ban that was ultimately upheld by the Supreme Court, Hing said the court focused on the steps the Trump administration has taken to ask U.S. embassies abroad if they can ensure that people arriving from those countries will not be a threat to the US.

“You have to have some kind of excuse,” Hing said.

This idea was echoed by immigration attorney Allen Orr, former president of the American Immigration Lawyers Association in Washington, DC. According to him, the version that eventually reached the Supreme Court contained "a whole list of exceptions."

“It’s not a total ban if there are a lot of exceptions,” Orr said.

If Trump is elected president, who will be affected by the ban

Analysts point directly to one country: China, where tens of millions of people are members of the country's Communist Party.

Bates Gill, executive director of the Asia Society's China Analysis Center, said such a ban would have the biggest impact on China and should be viewed through that lens. In addition to the huge number of members who are Chinese government officials, he explains, party membership has traditionally been a way to move up the ranks in the PRC. CCP members in China are often well educated and internationally oriented. Since the late 1990s, businessmen have also joined the party, Gill said.

“This is essentially a ban on Chinese elites entering the United States,” he said. “This is very large-scale and, of course, will cause serious damage to relations with China.”

Are there communists and marxists in the USA now

There is, but judging by the composition of the national communist party, quite a few.

There are about 15 members on the US Communist Party list, party co-chairman Joe Sims said. The list is "regularly shrinking," he noted, and some of the list may not be active members.

The party has between 2000 and 3000 new members a year and has put forward several candidates for local school and city councils, Sims said.

However, she has no one in elected federal or state office, and no one has run for president since the mid-1980s.

Why is Trump talking about them so much?

Raising fears that the Communists and Marxists were poised to take over the country proved to be an effective way for the president to revitalize his constituency.

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While there is no real risk that the US could soon become a "Third World Marxist regime," as Trump has suggested, it has helped him influence voter emotions in a country with a long history of anti-Communist sentiment.

The tactic has helped Trump reach out to some immigrants whose families have faced harassment and political persecution under communist regimes in places like Venezuela, Cuba and Vietnam.

Trump has been baselessly calling his Democratic rivals communists and Marxists, among other things, since he first entered the political arena, but recently Florida Gov. Ron DeSantis and other Republicans have made similar attacks.

According to experts, it is wrong to assume that communists or Marxists run the main US institutions.

Biden, for example, is a defender of capitalism who has taken executive action to encourage economic competition.

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