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Alien Enemies Act of 1798

The Alien Enemies Act of 1798 was part of four laws known as the Alien and Sedition Acts that enacted increasing press regulations and restrictions against aliens. It was used as the basis for incarcerating enemy aliens and confiscating their property during World War II. As a result, a number of Japanese, Germans, and Italians were arrested and interned for the duration of the war and were later deported to their nations of origins.

In 1798, the United States was on the verge of war with France. The Federalists, America's first political party, believed that Democratic-Republican criticism of their policies was disloyal. Additionally, they feared that aliens living in the United States would sympathize with the French during a war. As a result, a Federalist-controlled Congress passed four laws, collectively known as the Alien and Sedition Acts. These laws raised the residency requirements for citizenship from five to fourteen years and made aliens "liable to be apprehended, restrained, secured, and removed" in the Alien Enemies Act of 1798.[1] However, these acts set off a firestorm of criticism against the Federalists as they revealed the limits of freedom of speech and the press and contributed to their defeat in the election of 1800. Currently, the Alien Enemies Act of 1798 is still in force in modified form and authorizes the President to detain, relocate, or deport enemy aliens in time of war.

In 1941, the Alien Enemies Act was utilized by government officials to incarcerate Japanese Americans. Immediately after Pearl Harbor, President Franklin Delano Rooseveltsigned Proclamation 2525 in accordance with the Alien Enemies Act, giving the government the authority to detain enemy aliens and confiscate enemy property. The Proclamation permitted immediate apprehension of "alien enemies deemed dangerous to the public health or safety of the United States by the Attorney General or Secretary of War."[2] On December 8, 1941, similar proclamations were issued for the arrest of suspect Germans and Italians. By February 16, 1942, the Department of Justice held 2,192 Japanese, 1,393 Germans, and 264 Italians, and arrests continued even after that date. Many arrested were Issei leaders of the Japanese American community and its organizations.

Upon conclusion of World War II, some internees used the Alien Enemies Act to block their deportation to Axis states. Some German internees from Latin American countries filedhabeas corpus petitions challenging their detention by the United States, claiming that they were not "alien enemies" as defined by the Alien Enemy Act of 1798, because they were not natives or citizens of an enemy country. In January 1946, this effort failed when a federal district court ruled that the Latin American internees were "alien enemies" who could legally be detained. After this decision, 513 Japanese (over ninety percent from Peru), 897 Germans and 37 Italians from Latin America in United States internment camps were granted hearings pending deportation.[3] The hearings were a formality leading to their deportation to Axis countries, although most of the remaining Latin American Japanese wished to return to Peru. Voluntary repatriation continued into 1946, with at least 130 Peruvian Japanese returning to Japan by June. 

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TRUMP CALLS FOR 'COMPLETE SHUTDOWN' ON MUSLIMS ENTERING US 

http://hosted.ap.org/dynamic/stories/U/US_GOP_2016_TRUMP_MUSLIMS?SI... 

NEWARK, N.J. (AP) -- Republican presidential candidate Donald Trump called Monday for a "total and complete shutdown of Muslims entering the United States." 

The proposed ban would stand "until our country's representatives can figure out what is going on," his campaign said in a statement. 

The statement added that Trump's proposal comes in response to the level of hatred among "large segments of the Muslim population" toward Americans. 

"Until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in jihad, and have no sense of reason or respect for human life," Trump said in the statement. 

He added on Twitter: "Just put out a very important policy statement on the extraordinary influx of hatred & danger coming into our country. We must be vigilant!" 

Trump campaign manager Corey Lewandowski said Trump's proposed ban would apply to "everybody," including Muslims seeking immigration visas as well as tourists seeking to enter the country. 

He did not respond to questions about whether it would also include Muslims who are U.S. citizens and travel outside of the country, or how a determination of someone's religion might be made by customs and border officials. 

In response to a request for additional detail, Trump said via a campaign spokeswoman: "Because I am so politically correct, I would never be the one to say. You figure it out!" 

Trump's proposal comes a day after President Barack Obama spoke to the nation from the Oval Office in the wake of the shootings in San Bernardino, California, which Obama said was "an act of terrorism designed to kill innocent people." 

The FBI said Monday the Muslim couple who carried out the massacre had been radicalized and had taken target practice at area gun ranges, in one case within days of the attack last week that killed 14 people.

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Comment by Jim Delaney on December 8, 2015 at 12:55pm

Richard,

I read the guide and I too found it to be very informative and helpful. Strictly on the basis of the Koran itself, it is impossible for me NOT to believe that for all but the genuinely transformed Muslims, which appear to be few in number,  this religion is as much a political agenda as it is a religion. That truth alone clearly suggests a different approach to deal with it is very much in order.

That said, there is a tough, entirely legal and, for the most part, politically persuasive way to get the Islamic threat, both foreign and domestic, under control. Doing so, of course, requires objectivity and political will on both our and our representatives' parts. I don't worry as much about the former, but I DO worry about the latter.

I support an elimination of or a 'pause" (whatever the pols are calling it these days) in the further influx of Muslim refugees, asylees, immigrants or non-immigrants until each of our agency heads can categorically certify that an adequate screening process obviates individual Islamist threats to the homeland.  A tall order indeed, and in the final analysis how can we be certain that such certifications wouldn't be politically tainted.  Most meaningful now would be to increase the budget for the FBI and CIA to enable those depts. to more effectively and closely monitor domestic Islamist threats and to develop fruitful linkages with more moderate Muslim elements within the USA.

It's a fine line, but a line which can be responsibly and constitutionally drawn if the need for national security is sufficiently persuasive to trump political correctness. That's the real PR challenge for us all. To ensure effective monitoring, however, we need to be able to rely upon moderate/demonstrably patriotic domestic Muslims (like Dr. Jasser and his ilk) who have their ear to the ground in the Muslim community.

The important thing for us is not to be shrill going forward. We will lose support. We must be thoughtful, cogent, single-minded, law-abiding and determined. Not an easy slog, that's for sure.

I'm glad the issue is out in the open. It alerts and, hopefully, encourages moderate Muslims to step up.

Very importanty, we must constantly point out that Islam, unlike other religions, is as much a political ideology as it is a religion. That renders it less a religion within the context of the 1st Amendment protections. Once that's understood, we can shape constitutional and effective policies to nullify the threat.

Comment by PHILIP SCHNEIDER on December 8, 2015 at 12:14pm

Trump sure got the attention of the muslim loving liberal progressive democrat machine

AND

also those so called Republicans who profess to have the safety of American citizens at heart!

Is this nation already so "radicalized" that we can't mention "temporary detention" in the face of San Bernadino?

If so, REVOLUTION is here.

Pick your side.

Comment by Richard Harper on December 8, 2015 at 11:57am

This is corroborating information, and/or even more modern laws, that can be used to get rid of all Muslims in this country:  http://www.teapartynation.com/profiles/blog/show?id=3355873%3ABlogP...

Anyone thinking that Muslims do not believe that everyone will eventually be a Muslim or be dead or in bondage, knows nothing about their basic religious beliefs.  Read "The Politically Incorrect Guide To Islam" by Robert Spencer (and other books on the religion in the "Politically Incorrect ......" series, by Regnery Publishing, Inc.

Comment by Jim Delaney on December 8, 2015 at 11:43am

The key here is "in time of war". We aren't officially at war with alien or domestic Muslims. The simplest and least offensive approach to stopping the entrance of Muslim refugees is to merely not include Muslim refugees in the annual Presidential Determination and/or not fund their the entrance into the USA.

As for the Visa Waiver Program, simply prohibit the entrance of Muslims. This is not in violation of the Constitution.

However, invoking a thoroughly discredited Alien & Sedition Act scenarioi--which prompted a strong nullification rebuke by Madison and Jefferson, among others, in 1798--is terribly short-sighted and completely unnecessary.

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