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Politically Motivated Deportations from the Chinese Exclusion Act to Pro-Palestinian Activists

April 30, 2025 | FlaglerLive | 2 Comments

The bad days are back. (Times Machine)
The bad days are back. (Times Machine)

By Rick Baldoz

The recent deportation orders targeting foreign students in the U.S. have prompted a heated debate about the legality of these actions. The Trump administration made no secret that many individuals were facing removal because of their pro-Palestinian advocacy.




In recent months, the State Department has revoked hundreds of visas of foreign students with little explanation. On April 25, 2025, the administration restored the legal status of many of those students, but warned that the reprieve was only temporary.

Because of their tenuous legal status in the U.S., immigrant activists are vulnerable to a government seeking to stifle dissent.

Critics of the Trump administration have challenged the legality of these removal orders, arguing that they violate constitutionally protected rights, including freedom of speech and due process.

The administration asserts that the executive branch has nearly absolute authority to remove immigrants. The White House has cited legislation passed during the peak of the nation’s Cold War hysteria, like the McCarran-Walter Act of 1952, which expanded the government’s deportation powers.




I’m a historian of immigration, U.S. empire and Asian American studies. The current removal orders targeting student activists echo America’s long and lamentable past of jailing and expelling immigrants because of their race or what they say or believe – or all three.

The arrest of Turkish graduate student Rümeysa Öztürk by Department of Homeland Security agents in Somerville, Mass., on March 25, 2025.

Where it began

The United States’ current deportation process traces its roots to the late 19th century as the nation moved to exercise federal control of immigration.

The impetus for this shift was anti-Chinese racism, which reached a fever pitch during this period, culminating in the passage of laws that restricted Chinese immigration.

The influx of Chinese immigrants to the West Coast during the mid-to-late 19th century, initially fueled by the California Gold Rush, spurred the rise of an influential nativist movement that accused Chinese immigrants of stealing jobs. It also claimed that they posed a cultural threat to American society due to their racial otherness.

The Geary Act of 1892 required Chinese living in the U.S to register with the federal government or face deportation.

The Supreme Court addressed the constitutionality of these statutes in 1893 in the case of Fong Yue Ting v. United States. Three plaintiffs claimed that anti-Chinese legislation was discriminatory, violated constitutional protections prohibiting unreasonable search and seizure, and contravened due process and equal protection guarantees.

The Supreme Court affirmed the Geary Act’s deportation procedures, formulating a novel legal precept known as the plenary power doctrine that remains a key tenet of U.S. immigration law today.

Court confirms the law

The doctrine included two key assertions.

First, the federal government’s authority to exclude and deport aliens was an inherent and unqualified feature of American sovereignty. Second, immigration enforcement was the exclusive domain of the congressional and executive branches that were charged with protecting the nation from foreign threats.

The court also ruled that the deportation of immigrants in the country lawfully was a civil, rather than criminal matter, which meant that constitutional protections like due process did not apply.




The government ramped up deportations in the aftermath of World War I, fueled by wartime xenophobia. American officials singled out foreign-born radicals for deportation, accusing them of fomenting disloyalty.

A newspaper from 1919 announcing the arrest and planned deportation of 'alien Reds.'
The front page of the Ogden Standard, from Ogden City, Utah, on Nov. 8, 1919, announcing the arrest and planned deportation of ‘alien Reds.’
Library of Congress

Attorney General A. Mitchell Palmer, who ordered mass arrests of alleged communists, pledged to “tear out the radical seeds that have entangled Americans in their poisonous theories” and remove “alien criminals in this country who are directly responsible for spreading the unclean doctrines of Bolshevism.”

This period marked a new era of removals carried out primarily on ideological grounds. Jews and other immigrants from southern and eastern Europe were disproportionately targeted, highlighting the cultural affinities between anti-radicalism and racial and ethnic chauvinism.

‘Foreign’ agitators

The campaign to root out so-called subversives living in the United States reached its apex during the 1940s and 1950s, supercharged by figures like anti-communist crusader Sen. Joseph McCarthy and FBI Director J. Edgar Hoover.

The specter of foreign agitators contaminating American political culture loomed large in these debates. Attorney General Tom Clark testified before Congress in 1950 that 91.4% of the Communist Party USA’s leadership were “either foreign stock or married to persons of foreign stock.”

Congress passed a series of laws during this period requiring that subversive organizations register with the government. They also expanded the executive branch’s power to deport individuals whose views were deemed “prejudicial to national security,” blurring the lines between punishing people for unlawful acts – such as espionage and bombings – and what the government considered unlawful beliefs, such as Communist Party membership.

While deporting foreign-born radicals had popular support, the banishment of immigrants for their political beliefs raised important constitutional questions.

A man with dark hair and in a suit, sitting and listening as a teenage girl leans on his shoulder.
Harry Bridges, a West Coast labor leader, and his daughter, Jacqueline, 14, as they listen to proceedings during Bridges’ deportation hearing in San Francisco in July 1939.
Underwood Archives/Getty Images




Prosecution or persecution?

In a landmark case in 1945, Wixon v. Bridges, the Supreme Court did assert a check on the power of the executive branch to deport someone without a fair hearing.

The case involved Harry Bridges, Australian-born president of the International Longshoremen and Warehousemen’s Union. Bridges was a left-wing union leader who orchestrated a number of successful strikes on the West Coast. Under his leadership, the union also took progressive positions on civil rights and U.S. militarism.

The decision in the case hinged on whether the government could prove that Bridges had been a member of the Communist Party, which would have made him deportable under the Smith Act, which proscribed membership in the Communist Party.

Since no proof of Bridges’ membership existed, the government relied on dodgy witnesses and assertions that Bridges was aligned with the party because he shared some of its political positions. Accusations of “alignment” with controversial political organizations are similar to the charges made against foreign students currently at risk of deportation by the Trump administration.

The Supreme Court vacated Bridges’ deportation order, declaring that the government’s claim of “affiliation” with the Communist Party was too vaguely defined and amounted to guilt by association.

As the excesses and abuses of the McCarthy era came to light, they invited greater scrutiny about the dangers of unchecked executive power. Some of the more draconian statutes enacted during the Cold War, like the Smith Act, have been overhauled. The federal courts have toggled back and forth between narrow and liberal interpretations of the Constitution’s applicability to immigrants facing deportation – shifts that reflect competing visions of American nationhood and the boundaries of liberal democracy.

From union leaders to foreign students

There are some striking parallels between the throttling of civil liberties during the Cold War and President Donald Trump’s crusade against foreign students exercising venerated democratic freedoms.

Foreign students appear to have replaced the immigrant union leaders of the 1950s as the targets of government repression. Presumptions of guilt based on hyperbolic claims of affiliation with the Communist Party have been replaced by allegations of alignment with Hamas.

As in the past, these invocations of national security offer the pretext for the government’s efforts to stifle dissent and to mandate political conformity.

Rick Baldoz is Associate Professor of American Studies at Brown University.

The Conversation arose out of deep-seated concerns for the fading quality of our public discourse and recognition of the vital role that academic experts could play in the public arena. Information has always been essential to democracy. It’s a societal good, like clean water. But many now find it difficult to put their trust in the media and experts who have spent years researching a topic. Instead, they listen to those who have the loudest voices. Those uninformed views are amplified by social media networks that reward those who spark outrage instead of insight or thoughtful discussion. The Conversation seeks to be part of the solution to this problem, to raise up the voices of true experts and to make their knowledge available to everyone. The Conversation publishes nightly at 9 p.m. on FlaglerLive.
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Reader Interactions

Comments

  1. Deborah Coffey says

    May 1, 2025 at 4:28 pm

    Whew! Thanks for an excellent history lesson, Professor. Quite a bit of our history is pretty ugly, isn’t it. Year after year we find that the United States doesn’t score very high on the World Happiness Report.” Apparently, the deadly sin of Pride has prevented us from learning the two required ingredients for true happiness…how to tolerate others and how to love. So, history repeats and these are very sad times.

    2
  2. Kennan says

    May 2, 2025 at 10:15 am

    Students and teachers with green cards are being kidnapped in broad daylight with no charges, green cards revoked. No explanation other than their involvement in a protest or speaking out against the Genocide in Gaza. These individuals are framed as Hamas sympathizers or worse yet: Hamas operatives?
    There has been a plethora of chaos associated with this administration. One finds it hard to keep up. Exhausting. The biggest story in the world however; is Gaza. What so many fail to understand
    Is that Gaza is a “failed standard “for what we are as a country.
    Biden funded a country to kill with impunity. To use a terrorist in a territory Israel owns as an excuse to kill civilians that have nothing to do with them. Simple math. Logic.
    Enter Trump: Trump now goes after students and/or any person that dares speak against Israel in what the world at large knows is a Genocide. Quite frankly a Holocaust against Arabs that unlike the Holocaust of WWll, is live-streamed for the whole world to see.
    This is a multi dimensional takeover. No transparency and a blatant disregard for the law and basic human rights. These acts are extremely dangerous, but also an epic waste of time and resources. Our resources. American tax dollars used to implement unusual cruelty.
    This is un American! Our thinking has to change. Far too many people are Trumps “Fetch Dogs”. You fake throw a tennis ball and your dog runs 250 yards in the wrong direction while you still have the ball in your hand….. That’s us.
    Maybe we have always been this way. We are now a looming “Dictatorship”with no idea what culture means. A cavalcade of ethnicities, but no clue how to embrace it. Grandma and Apple pie don’t count.
    So many fawn over the American dream, but most have a warped idea of what that should be, or how to get there; or worse yet who has the right to get there.
    On a separate note I will say this:
    I know ad space is important. Freedom of speech is important. No matter whose speech that is. When I see ads for American/Israel pins to show solidarity for Israel????? I cringe. Support for Israel will age far far far worse than being involved in a “Pro Palestine “ march.
    I have many Jewish friends. Many I grew up with in the D.C. metro area, but to have the audacity to support the blue Star of David amidst a 58 year occupation and a 77 year subjugation of Palestinians, shooting forward to a CRESENDO Genocide for all to see should know two things:
    1. A bright blue SWAZTIKA on the Israeli flag would be more realistic at this point.

    2. The United States has engaged in blatantly racist policies over the decades in the Middle East. Now it can not be denied.

    3

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