The Chinese Exclusion Act and “Muslim Ban” contain similar characteristics to one another, which allows the audience to easily distinguish the relationship between the two. The Muslim Ban refers to President Trump’s executive order on January 27, 2017, which prohibited certain countries from entering the United States based on an attempt to limit “radical Islamic terrorists” (adl.org). Ironically, Trump has repeatedly mentioned that this attempt to strengthen national security doesn’t target a specific ethnic group, but the seven countries that were banned from entering the U.S. consist of predominantly Muslim communities. Similarly, the Chinese Exclusion Act of 1882 targeted Chinese men and women and prohibited them from entering the U.S. until it was eventually repealed in 1943. Even though both sets of laws were enacted in different time periods, they clearly display similar attributes of discrimination towards a specific ethnic group, which only furthers the notion that Trump’s executive orders and the Chinese Exclusion Act were morally unjust.
The Chinese Exclusion Act as an Immigration Precedent
The Chinese Exclusion Act is not only a cringeworthy aspect of history because of its exclusion of Chinese men and women, but it was the “first significant law restricting immigration into the United States” (history.com). Although its primary focus was to strengthen national security against “agents of a foreign country,” the Act was also put into effect in order to regulate and decrease the number of “skilled and unskilled laborers and Chinese employed in mining” (our documents.gov). Furthermore, by initiating the law and prohibiting Chinese workers from entering the U.S., Congress essentially labeled them as individuals whose only purpose was to work. According to Asia Times, the logic from Congress’ point of view was that “immigrants [were] mostly workers, seen as articles of commerce in that broad sense” (atimes.com). Through this, it is extremely relevant and clear why many AAPI communities in today’s society can make a proper comparison between the Chinese Exclusion Act and all its discriminatory actions and the Muslim Ban, which was placed in effect earlier this year.
Trump’s Travel Ban and Religious Discrimination
On January 27, President Trump signed an executive order that banned people from seven countries from entering the United States. The action received a great deal of outrage from diverse communities across the nation because of the widespread belief that it was unjust to ban people from multiple countries that consisted of majority-Muslim populations. Democratic National Committee (DNC) Chair Tom Perez reacted to Trump’s attempt at a travel ban, stating, “Trump’s obsession with religious discrimination is disgusting, un-American, and outright dangerous” (Perez). In essence, Trump is promoting discriminatory practices by advocating for the ban of certain countries and Muslim men, women, and children from entering the U.S. based on unjust assumptions that, by doing so, terrorist threats will incredibly decrease. Instead of encouraging all ethnic groups to rejoice and be able to live with one another, Trump is publicizing separation between communities as a solution to terrorism.
The Shared Logic of Ethnic Exclusion
Both the Chinese Exclusion Act and the “Muslim Ban” can be evidently identified as discriminatory actions towards particular ethnic groups, one towards Chinese people and the other towards Muslim individuals. According to Asian Times, the primary similarity between the two acts involves the prejudiced idea that Chinese or Muslim people were “unable to assimilate” into American society. In addition, it is made known that Trump’s absurd logic regarding Muslims in today’s society is reminiscent of the logic regarding Chinese people from over a century ago because both groups were characterized as people who “follow a hateful religion” and “don’t love America” (atimes.com). In an article from the Boston Globe, Jeffrey D. Sachs offers a different perspective on Trump’s travel ban attempt, stating, “The real goal is to fan the perception among Trump’s political base that Islam is an existential threat to Western civilization” (Sachs). In this way, Sachs indicates how incredibly outrageous it is to refuse to accept Muslim refugees who are trying to flee wars that the U.S. clearly “instigated”; Sachs refers to the wars in Iraq, Afghanistan, Libya, and Syria.
National Origin and the AAPI Experience
Communities in America have a challenging time with the implementation of the executive order from the administration that bars noncitizens from seven countries (Hsu). This law was based on national origin and was being used as a strategy for ethnicity, race, or religion. This was the political message to all these groups (Hsu). The AAPI community has been targeted throughout American history, either for entering or for exiting the country, by the US government (Hsu). Another aspect of this law is its use to ban terrorists from entering the US (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). This was the reason given in the notification by the president, which included the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3 to explain this (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”).
The Chinese Exclusion Act of 1882 had a similar effect, as it also banned classes of Chinese immigrants from entering the United States. Chinese workers had been very productive in American history, having played a role in the Transcontinental Railroad. This was a very important development in America that connected Americans across the country through the work of Chinese people residing in America (Hsu). This was also based on race and discrimination against them under this order.
There are also moments in history that stopped this discrimination. For instance, in 1965, there was the end of an immigration policy that had sustained this discrimination (Hsu). Also, there were Vietnamese Americans in the 1970s who were sufferers of the war, proving that Americans could have diverse communities (Hsu).
Screening Policy and the Executive Order
With the help of the executive order, the government aims to make changes in the policy and procedure of the visa-issuance process. There will be new selection and inspection protocols and procedures related to the processing of the visa. This helps the United States Refugee Admissions Program (USRAP), which aims to detect the presence of foreign terrorists. Thus, by improving the screening policy, the government will be better able to control the presence of terrorists in the country.
Legal Basis and Seven-Country Scope
The details of the order contain the blockage of the entry of immigrants from seven countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, all Muslim countries that have the highest and most alarming terrorist activity rates. These countries are nominated under section 217(a)(12) of the INA and also under 8 U.S.C. 1187(a)(12) (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). These references deal with Congress’s limits on visa use for Iraq or countries designated by the Secretary of State as terrorist countries, such as Iran, Syria, and Sudan. Three additional countries were also designated for travel restrictions.
These are Libya, Somalia, and Yemen. This classification is based on three statutory factors that have a link with terrorism and national security. A country is designated as one whose people cannot enter the US if they are deemed a threat to the national security of the US. Another factor is whether the country has an organization that poses a threat to the US. Moreover, if that country serves as a safe place for terrorist activities, then the US will nominate it as a higher-risk country. There is also an objection from Congress related to the visa processing procedure of that particular country. This was done by exercising the authority under Article II of the Constitution as well as under Section 212(f) of the INA. This article states that if the president finds that the entry of foreigners from any country puts the US under the threat of terrorism, then the entry should be banned under the power of the Constitution (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”).
The period would be decided accordingly by the US Congress and related laws. This law was imposed by the president for a period of 90 days. However, the Secretary of Homeland Security was given permission to waive cases one by one depending on the clearance of the particular individual from that country. There is also the suspension of the USRAP for 120 days because of concerns that it could be used by terrorists.
Country Rationales for the Ban
Iran has been nominated as the state that has supported terrorism since 1984. Iran supports Hizballah, Hamas, and terrorist groups in Iraq. Iran has also been connected to support for al-Qa’ida and has allowed al-Qa’ida to convey finances and armed forces through Iran to Syria and South Asia (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). Iran also has no cooperation with the United States in counterterrorism efforts. The other state nominated by the US president is Libya. In Libya, armed militias, rather than the state, control the operations of the country. There are lots of violent groups in Libya (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). The country is not able to control terrorism within its borders, although it provides assistance in counterterrorism activities. This was considered a major flaw of the country, and it was banned by the US. There was a suspension of the US embassy in Libya during the year 2014 due to the severe conditions. Somalia is considered the haven of terrorists.
Two terrorist groups, Al-Shabaab and al-Qa’ida, have operated in this country for several years (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). These have spread their operations in the neighboring countries as well, making the situation more complicated (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). This country is also not acknowledged by many countries in the world due to its banned borders. This country also cooperates with the US on terrorism grounds but has no control inside the country over terrorist operations.
Sudan has been supporting terrorist activities since 1993, supporting both Hizballah and Hamas (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). It was the safest place in the world for al-Qa’ida for their training. The country has ended its support for the terrorists now and is helping out the US, but still, it did not get clearance from the international counterterrorism groups (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). Syria has been the sponsor of terrorism since 1979. The country is facing this activity in the region due to the military conflict in the country with ISIS (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”).
Syria also supports more terrorist groups and allows them to enter Iraq. The US embassy has also ceased its operations in Syria since 2012, as it is no longer a safe country for operations, and the US receives no support from Syria on terrorism. The incumbent government and the Houthi-led opposition have a conflict in Yemen (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). There are hundreds of attacks due to different terrorist groups in the country. It is the country that has the major share in the smuggling of weapons used in terrorist activities. It sponsors the terrorist activities of al-Qa’ida (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). The US embassy also stopped its operations in this country in 2015 on these grounds.
Iraq has a specific link with terrorism, as many portions of the country have been major zones of terrorist activity. In particular, the northern and central portions of the country were under the control of the ISIS group (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”). Presently, this control has weakened due to the effective management by the government in controlling these activities. The US government’s treatment of Iraq is different due to its presence in Iraq and its cooperation in terrorist activities (“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States”).
Operation and Legacy of Chinese Exclusion
The Chinese Exclusion Act of 1882 suspended Chinese immigration into the United States for ten years and barred Chinese immigrants from naturalization. This act was passed on May 6 and was signed by President Chester A. Arthur and directly targeted Chinese workers and affected workers on the West Coast. There was fear of waning wages and economic troubles, which shaped the context of the Chinese Exclusion Act of 1882. At that time, the Chinese population was very small in the US, consisting of about 0.002 percent of the nation’s population. But still, this act targeted that small population severely. This act was passed by Congress in response to workers’ demands for racial purity. However, there was a relaxation for Chinese non-workers to visit the US by taking special permission from the Chinese government. It was, however, not an easy task, as it was not easy to get approval as a non-worker because the act defined the terms “skilled and unskilled laborers” and “Chinese employed in mining.” Thus, it was very difficult to gain clearance under all these terms and come under the category of Chinese non-workers permitted to enter the United States.
Challenges, Renewal, and Repeal
The act was challenged by Chinese workers on a racial basis; their efforts were fruitless before Congress. There was a renewal of this act for more than ten years, and Chinese workers were not permitted to enter US territory; if they entered, it would be illegal entry for an unlimited period (“Dark Shadows Of Chinese Exclusion Act In Trump’s Muslim Ban”). When renewed for the next ten years, this act was known as the Geary Act (“Our Documents – Chinese Exclusion Act (1882)”). The result of the legislation was excellent, and America was set free from the Chinese population within the next few years. Chinese people regained the rights of American citizenship in 1943. This was the very first act that was passed to stop any nation from entering America. Otherwise, America was considered to be the land that invites different people under the concept of a special dynasty.
Expansion to Other Asian Groups
America’s success with Chinese exclusion encouraged it to enact more laws aimed at preventing certain other national groups from entering American land. These targeted groups were Middle Easterners, including Hindus and East Indians, as well as the Japanese (“Our Documents – Chinese Exclusion Act (1882)”). The act was not only related to new entrants, but Chinese workers who were already present in the United States for work also experienced the severity of this act. They faced a new re-entry requirement: if they left the United States for any purpose, they would require certification to re-enter (“Dark Shadows Of Chinese Exclusion Act In Trump’s Muslim Ban”). Also, Congress made this act stricter by refusing to grant citizenship to Chinese residents. Going further in its discriminatory practices, Congress used requirements about national origin.
Later Immigration Reforms
In 1943, all the acts were canceled by Congress, which granted citizenship rights to Chinese people. This was adopted until the legislation of another act, the Immigration Act of 1965. This act aimed to allow only 170,000 immigrants from outside the Western Hemisphere into the United States, with a maximum entry of only 20,000 people from a single country. This was effective until July 1, 1968, and aimed to provide political safety. This act was the comprehensive legislation after the 1965 act in immigration policies. The visa system favored applicants with family living in America or employment there and aimed to increase diversity in the country. But all these could be availed at a maximum rate of about 7%.
National Security as a Recurring Rationale
The Chinese Exclusion Act has the distinction of being the first federal law in the United States to prevent members of an explicit racial group from entering the country. The law debarred the immigration of Chinese laborers and prohibited Chinese people from becoming naturalized citizens. The act was effective in the United States from 1889 to 1943, a period of China’s engagement in World War II. The act was sustained for so long for the reason of national security. At that time, Chinese workers were thought to be working for other countries in the United States, contributing to the weakening of American security. They did not express this in open terms, but they were particular about this danger and used it as the basis for having this act passed into law at that time (Pierce and Messenger). They didn’t use those words, but they did talk about Chinese immigrants, in particular about being “agents” of a foreign country and describing them as being the “advance guard” of an army.
Racialized Refugee Screening
America has a history of screening refugees based on their race. Japanese people also faced restrictions on entering America in 1907 and then by law in 1924. It was made clear that eligible Japanese people could not enter America on any basis. The screening process determined who was legally allowed into the country and could take two years or more. There is thus a small number of refugees who gain entry into the United States, as compared to the whole world, which has a large number of refugees. This checking of refugees for entrance was not only a focus of the foreign policy of America, but the United Nations has also checked the entry of these refugees into different countries; a large number of these refugees are children, women, and old people (“Chinese Exclusion Act – Facts & Summary – HISTORY.Com”). These people, being weak, can be used by any nation or any terrorist group to obtain sensitive information about the destination country. There was also the exclusion of South Asians in 1917.
This list had a barred Asiatic zone that covered areas from Afghanistan to the Pacific. As Japan was a strong power compared to the other nations, it was treated differently from other nations that were not allowed into the United States; therefore, the US treatment of Japan was somewhat different and lenient. Thus, it was part of the diplomatic policy of America to have this different treatment due to Japan’s power in the world. The same was the case with India, which was under British control at that time, and America was not in a position to have a conflict with the British.
Historical Echoes in Trump’s Order
There are echoes in Trump’s recent executive orders of exclusionary policies that were part of American history. But now the focus of America has shifted towards banning people from Muslim countries on the same basis that was used for exclusions in the past (“What Is The ‘Muslim Ban?'”). America places the importance of national security at the top and has had bad experiences with foreign entrants into the country (“What Is The ‘Muslim Ban?'”). There are thousands of people in American history who were foreign and were caught being part of terrorism-related crimes in the United States. These included both immigrants and refugees (“What Is The ‘Muslim Ban?'”). The most famous example of this is the sentencing of two Iraqi nationals in the United States in January 2013 for being involved in terrorist activities. There was also a child refugee from Somalia who, after growing up in America, was responsible for terrorist activities and was caught and punished for his crimes there (“What Is The ‘Muslim Ban?'”). He used weapons of mass destruction in crowded places in America.
Implementation and Public Criticism
Continuing this history of exclusions, recently, there has been an executive order identified as “Protecting the Nation from Foreign Terrorist Entry into the United States,” which is aimed at Muslim immigration into the United States (“Chinese Exclusion Act – Facts & Summary – HISTORY.Com”). The details of this executive order include the suspension of refugees for 120 days, with a ban on foreign nationals for 90 days (“What Is The ‘Muslim Ban?'”). These provisions apply to Muslim people associated with the seven countries that are nominated as terrorist-supporting countries in the world (“What Is The ‘Muslim Ban?'”). Firstly, there was confusion related to this law as it also captured the entry of green card holders, but this is not true at all.
Democrats criticized this executive order in the United States (“Trump Travel Ban: Second US Judge Block New Executive Order – BBC News”). In response to this, there was a statement from Trump clarifying the basis of this executive order. He made it clear that it was not specifically the Muslim ban, but it was aimed at targeting those people who could be a danger to the national security of America (“What Is The ‘Muslim Ban?'”). This was not promptly accepted in America as well as in the whole world.
Works Cited
“Chinese Exclusion Act – Facts & Summary – HISTORY.Com.” HISTORY.com. N.p., 2017. Web. 9 Aug. 2017.
“Dark Shadows Of Chinese Exclusion Act In Trump’s Muslim Ban.” Atimes.com. N.p., 2017. Web. 10 Aug. 2017.
“Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States.” whitehouse.gov. N.p., 2017. Web. 9 Aug. 2017.
Hsu, Kevin. “Asian American Issues Monthly.” SAPAAC. N.p., 2017. Web. 9 Aug. 2017.
“Our Documents – Chinese Exclusion Act (1882).” Ourdocuments.gov. N.p., 2017. Web. 10 Aug. 2017.
“Trump Travel Ban: Second US Judge Block New Executive Order – BBC News.” BBC News. N.p., 2017. Web. 10 Aug. 2017.
“What Is The ‘Muslim Ban?’.” Anti-Defamation League. N.p., 2017. Web. 9 Aug. 2017.
Academic Master Education Team is a group of academic editors and subject specialists responsible for producing structured, research-backed essays across multiple disciplines. Each article is developed following Academic Master’s Editorial Policy and supported by credible academic references. The team ensures clarity, citation accuracy, and adherence to ethical academic writing standards
Content reviewed under Academic Master Editorial Policy.
