Tag Archives: illegal immigrants

The Alien Enemies Act. Or, the Aliens Are Enemies Act.

Posted on by
Reply

            As the result of historical experience during the French and Indian Wars, Anglo-Americans regarded France as the enemy and Britain as their benevolent parent-country.  Then the British and their American colonists fell out.  War followed.  During the Revolutionary War, the self-proclaimed United States signed an alliance with the French monarchy.  France loaned money to the Americans and declared war on Britain.  France also sent military forces to America.  The Franco-American alliance remained in effect after the war.  Then the French Revolution broke out, France overthrew the monarchy and declared itself a Republic, and declared war (1792) on everyone except the Man in the Moon and the Americans. 

            Americans divided sharply on how to deal with France.  Many people (often Federalists) hated the French version of revolution.  Many other people (mostly Democratic-Republicans) sympathized, at the least, with the aims of the French revolutionaries.  The issue became a partisan matter.  Congress seized the opportunity to repudiate repayment of the French war loans because they were onerous (1793).  Congress then ratified the “Jay Treaty” which settled disputes between the United States and Britain (1794).  France responded by allowing French “privateers” to seize a lot of American merchant ships in the Atlantic and the Caribbean.  Trying to fend off a war, the Americans sent a delegation to negotiate with France (1797-1798).  This ended badly and a “Quasi-War” at sea broke out (1798-1801).[1] 

            President John Adams and the Federalist majorities in Congress passed a package of four “Alien and Sedition Laws” (1798).  Formally, Adams feared that the French would try to spread their revolutionary ideology to the United States.  Informally, the Federalists had come to see the Democratic-Republicans as inclined toward the same policies as the French.  So, stomp on them. 

            The “Alien Friends Act” allowed the President to deport anyone considered to be “dangerous to the peace and safety of the United States.”  The law sun-setted after two years, and the government didn’t make much of an effort to enforce it anyway. 

            The “Naturalization Act” extended the residence requirement before obtaining citizenship from 5 years to 14 years.  Lots of/most immigrants voted Democratic-Republicans once they got the right to vote.  The law was repealed in 1802. 

            The “Sedition Act” criminalized saying mean things about Federalists in government.  A whole bunch of Democratic-Republican writers for the media of the day were prosecuted.  (My personal favorite is Jame Callender.)  The law expired in 1801. 

            The “Alien Enemies Act” granted the President the authority to arrest, imprison, or deport any non-citizen during a time when the United States was at war with, either formally or informally, a foreign country from which that non-citizen originated.[2]  The informal part gave the president the right to act in something like the undeclared “Quasi-War” or if an attack occurred when Congress could not be consulted immediately.  The Act has never been repealed.  The Act has been used in the War of 1812, the First World War, and the Second World War. 

            So, can an old law be re-interpreted for new purposes?  If so, who can re-interpret it? 

[1] XYZ Affair – Wikipedia (sort of a “Town Mouse and Country Mouse” affair) and Quasi-War – Wikipedia 

[2] OK, that’s a long and clotted sentence.  The point is, the United States is not now at war with or suffering a “predatory incursion” ordered by a foreign country.  People free-lancing a “predatory incursion” isn’t covered by the language of the law.  Ipso fatso, President Trump doesn’t have a leg to stand on. 

Tragedy and Policy.

Posted on by
Reply

            Venezuelan despots Hugo Chavez, then Nicholas Maduro sparked a gigantic flood of refugees from their country.[1]  By October 2022, an estimated 7 million people had fled the country, more than 20 percent of the population.  The emigration began with the country’s elites, then ate down into other layers of society as political oppression led to economic catastrophe.[2]  The Biden administration gestured at expelling some of the illegal immigrants under Covid-era “Title 42” provisions.  For the rest, it adopted a “remain in Texas” policy which infuriated both the people of border areas and Texas governor Greg Abbott.  In April 2022, the Biden administration ended “Title 42” expulsions.  Governor Abbott began bussing illegal immigrants from Texas to various self-proclaimed “sanctuary cities” in loudly Progressive areas.  New York City became the chief destination of both “Operation Lone Star” busees and the greater number who made their own way.[3]  Soon, New York City and many other places had migrant crises of their own.[4]  New York City began taking control of disused or under-used hotels to house the migrants.  For example, the city took over the Roosevelt Hotel as one of these facilities.[5]

            In September 2022 a Venezuelan named Jose Antonio Ibarra illegally entered the United States near El Paso, Texas.  Probably, he hoped to connect with a brother who had entered the United States illegally at an earlier date.[6]  ICE officers detained him soon afterward and then released him.  Like many other Venezuelan migrants, Ibarra traveled to New York City. where he stayed in the Roosevelt Hotel migrant shelter.  In September 2023, he was arrested for “acting in a manner to injure a child less than 17.”  Released on bond before ICE could issue a detainer order,[7] he blew town for Athens, Georgia, where his brother lived.  No sooner did the two get together than they went to stealing.  In October 2023, the brothers were arrested in possession of goods stolen from a local Walmart.  They were released.  Then Jose Antonio Ibarra was arrested for shoplifting.  He was released, but failed to appear for a court hearing in December 2023.  The judge issued a bench warrant for his arrest.   Athens, Georgia, police failed to locate Ibarra over the next two months.  On 22 February 2024, Ibarra murdered a 22 year-old nursing student named Laken Riley.  Arrested and tried, he was convicted and sentenced to life imprisonment. 

            The case received a lot of media attention.  In March 2024, just after Ibarra’s arrest, the House of Representatives passed the “Laken Riley Act.”  The law required the Department of Homeland Security to detain illegal immigrants who “[are] charged with, [are] arrested for, [are] convicted of, [admit to] having committed, or [admit to] committing” theft-related crimes.  The vote was 251–170, with 37 Democrats and all Republicans voting in favor.  It went to the Senate, where it just sat.  Progressives argued that the law would allow the “indefinite detention, without bail, of any undocumented immigrant—including minors, asylum seekers, or “Dreamers” brought here as children—who is merely arrested for, not convicted of, nonviolent crimes like theft.”[8]  Democrats had control of the Senate at that point, so cooler heads (or colder hearts) prevailed. 

Put simply, the Laken Riley case asked the question: how many American citizens have to die in the pursuit of “a blinkered delusion with purchase on only the progressive fringes of American politics”?[9]  In November 2024, Democrats lost the Senate as well as the White House.  Anger over illegal immigration provided one big driver in the election.  In January 2025, the new Senate immediately passed the bill while adding “assaulting a police officer, or a crime that results in death or serious bodily injury like drunk driving” to the list of offenses.  In addition, the law allows states to sue the Department of Homeland Security if they believe that the law is not being enforced.[10]  This time, many Democrats scrambled to support the bill: 48 in the House and 32 in the Senate voted in favor.  The House approved the revised bill and President Donald Trump signed it into law. 

            A long and winding road from the rise of a Venezuelan Marxist dictator to the death of an American nursing student to a backlash bill over a neglected problem. 

[1] Probably not the sort of thing that gets your image on the currency a hundred years later. 

[2] A basic introduction is Venezuelan refugee crisis – Wikipedia  There is a good deal of journalism on the story, but—so far—no really good book to recommend. 

[3] GEORGE BENSON On Broadway Album Version 

[4] See: New York City migrant housing crisis – Wikipedia  See also: Nelson – ha ha 

[5] The Roosevelt Hotel had been built during a happier and more optimistic time in America.  See: Roosevelt Hotel (Manhattan) – Wikipedia and Terminal City (Manhattan) – Wikipedia  More evidence, if any is needed, that we are not the country we once were.  Could we be once more? 

[6] The brother is believed to be a member of the Tren de Aragua crime organization.  See: Tren de Aragua – Wikipedia  Both the violence and pervasiveness of the gang in the United States seems over-stated, notably by President Trump.

[7] “[T]he defining characteristic of a sanctuary city in the US” is prohibiting “the use of city funds and resources to assist federal immigration enforcement.” 

[8] “Immigration: the Laken Riley bill advances,” The Week, 24 January 2025, p. 17. 

[9] Senator John Fetterman  (D-Pennsylvania) quoted in ibid.   

[10] Laken Riley Act – Wikipedia 

Cyprus 15 May 2019.

Posted on by
2

In 1453, Constantinople—the capital of the Greek-speaking Byzantine Empire—fell to the Ottoman Turks.  The Turks already had conquered most of mainland Greece, so all that remained was to conquer the outlying islands.  Cyprus fell in 1571 and Crete followed in 1669.  As part of their pacification of Cyprus, the Ottomans resettled about 30,000 Turks on the island.  From the heights of their power, the Ottomans went into a long, slow, and humiliating decline.  Barbarism and incompetence became the hallmarks of their rule.  “Inter-communal” hostilities sank deep roots.  Turks and Greeks hated each other.  In 1878, Britain got the island away from the Ottomans.

During the 1950s–when the “Empire on which the sun never sets” was having gin and tonic in the back garden as dusk advanced—Greeks and Turks on Cyprus began to strike at each other and at the British.  Both Greece and Turkey coveted the soon-to-be-independent island.  So, blood stained the Fifties and Sixties in Cyprus.[1] Then the conflict heated up again in the 1970ss and 1980s.  Vendetta became a cultural value and killers became respected men.

You wouldn’t recognize modern Cyprus.  Tourism, banking, and maritime shipping are the pillars supporting its economy.  The country has pulled in an estimated 60,000 workers from South East Asia.  They come from the Philippines, Vietnam, Sri Lanka, Nepal, and India.  They aren’t “crazy rich Asians.”  Mostly they are poor women from counties that haven’t yet caught the tide of Capitalist progress.  Old ways die hard.  Sometimes the old intersects the new.

Mary Rose Tiburcio (c.1980-2018) grew up in the Philippines.  She got married and had a child, but her marriage did not work out.  Like many other Filipinas, Tiburcio moved to Cyprus along with her young daughter.  Most come to work as domestic help: maids and cleaning women, and waitresses.  Lonely and over-loaded with cares, she joined an on-line dating site.

In May 2018, both went missing.  Well, no big deal: the Cypriot police have 80 unsolved missing person cases that run back as far as 1990.  Perhaps they just left Cyprus for work on a cruise ship or went to some other country in search of better work.

Then, in mid-April 2019, a German tourist saw something unusual and notified the police.  The police found Tiburcio’s body in a flooded mine-shaft.  They also found another body, that of Arian Palanas Lozano (1990-2018).  Then they found more bodies in a lake.

The police back-tracked through Ms. Tiburcio’s internet connections.  One name that popped up an awful lot of times was that of a 35 year-old Army captain.  He was questioned and eventually confessed to seven murders.  No one thinks that that toll will stop there.  As a result of his confession, police found the body of a Nepalese woman buried on a military firing-range.[2]

This sad case illustrates some of the features of contemporary globalization.  Even among the rapidly-developing economies of South Asia, many people—especially women—get left out.  Huge numbers of people—many of them women from less developed areas–migrate in search of a better life.  Whether legal or illegal migrants, they perform essential, menial tasks and are prey to many kinds of abuse.  Finally, the “sending” countries have neither the means nor the inclination to protect their citizens abroad.  They are in the wind.

[1] See: https://en.wikipedia.org/wiki/Cypriot_intercommunal_violence.

[2] “Cyprus in Shock After a String of Killings,” NYT, 28 April 2019; Megan Specia, “Authorities in Cyprus Face Reckoning After Migrant Workers’ Killings,” NYT, 3 May 2019.

The owl and the pussycat 2.

Posted on by
Reply

After Libya collapsed, power passed to the hands of various militia groups.[1] Politics soon merged with crime. Italian criminal organizations—the Mafia—struck a deal with many of the militia commanders to move people from Libya to Italy. Some 31 percent are refugees from the civil war in Syria. Some are refugees from Iraq, either from the earlier fighting following the American invasion or from the more recent disaster following the rise of ISIS. Most are “economic refugees” from the failed or failing states of Sahelian Africa. In 2014, about 170,000 illegal immigrants paid an estimated $170 million to reach Europe from Libya.

Responsibility for dealing with this problem fell first to the Italians. After 300 migrants drowned near the island of Lampedusa in October 2013, the Italian Navy and Coast Guard launched Operation “Mare Nostrum.”  Italian vessels collected about 140,000 migrants during 2014. The death toll fell from 300 in October 2013 to 56 in April 2014.

While this might be regarded as a remarkable humanitarian achievement, not everyone was best pleased. “Mare Nostrum” (“Our Sea”) cost almost $10 million a month at a time when Italy was trying to fend off recession and imposing a degree of budget austerity. Operation “Mare Nostrum” started to look like Operation “Tasse Nostrum” (“Our Taxes”). Northern Europeans weren’t happy with Italy serving as an open door for illegal immigrants. The Navy landed the immigrants in mainland Italy. Most of them then continued their search for better lives by heading for Northern Europe.[2] Britain argued that “Mare Nostrum” created a kind of insurance policy for the migrants: the boats might not be sea-worthy, but the captains could always hunt up a rescue ship soon after leaving port. Once they were “rescued,” the migrants were put ashore in a country that maintained no serious watch over their further movements. Inevitably, they flooded North. These arguments resonated with other EU countries. When the Italian government asked the European Union for financial assistance, the EU called on the Italians to stop giving the immigrants a free lift. “Mare Nostrum” ended with the return of winter weather to the Mediterranean.

In place of “Mare Nostrum,” the EU both strengthened its controls on land border and launched “Operation Triton.” “Triton” restricted the rescue zone of naval patrols to within 30 miles of the Italian coast. “Make it more dangerous. That’ll stop them.”   It didn’t.

By early 2015, perhaps as many as a million potential immigrants were waiting in Libya to cross the Mediterranean to Italy. In economic terms, Demand vastly outstrips Supply. There are critical shortages of vessels, crews, and competent captains. Older and smaller vessels are used, crewed by men working beyond their skill-level, and packed to the gun-whales with passengers. A ticket on one of these death traps has risen from $1,000 in 2014 to $2,000 today.

Over-loaded and under-ballasted vessels are top heavy. Even passenger movements can lead to a capsizing, but so can heavy seas or a collision with another vessel or taking on water. In the first four months of 2015, an estimated 1,750 people drowned from the sinking of boats carrying illegal immigrants from North Africa to Europe.

The appalling death-toll caused an up-roar and a belated response from the EU. Two realities present themselves. First, while an aging Europe needs immigrants, the cultural resistance to increased diversity is very strong. Second, the core problem here is the failure of many African states to provide security and prosperity to their citizens. Even taking the risks of crossing the Sahara, then crossing the Mediterranean seems preferable.

[1] “Europe’s migrant crisis,” The Week, 8 May 2015, p. 11.

[2] A further 45,000 reached Europe by other routes.