Legal Replacement

Aliens


“They” say, the United States is being invaded. This isn’t just Trumpian rhetoric. It’s a pivotal legal argument behind many of the anti-migrant actions of the Department of Homeland Security.  They cite the Alien Act of 1798 (the John Adams’ Administration) as the legal basis for rounding up non-citizen documented residents, legally in the US,  and deporting them from the country.  The Alien Act allows the President:

 “to order all such aliens as he shall judge dangerous to the peace and safety of the United States, or shall have reasonable grounds to suspect are concerned in any treasonable or secret machinations against the government thereof, to depart out of the territory of the United States…” (National Archives).

Just a little historic background.  In 1798 the new United States was on the verge of war with France. But, more importantly, it was immersed in internal political turmoil.   The governing party, the Federalists led by President John Adams, favored Great Britain.  They knew that the nation was still dependent on trade with their former King.  The British were already at war with France (again), and Adams wanted to maintain commerce, particularly in New England. 

The opposition party, the Democratic-Republicans led by Vice President Thomas Jefferson, were sympathetic to the republican goals of the French revolutionaries.  After all, a lot of their revolutionary principles were copied from America’s documents, including Jefferson’s own Declarations.   They also felt beholden to the American/French Revolutionary alliance against the British.

Adam’s Critics

Adams wanted to be “rid” of the constant criticism he was getting in the Democratic-Republican newspapers and pamphlets.  And there was also an absolute question for the new nation (born only twenty-two years before): who was a citizen?  

Originally, the Articles of Confederation (the precursor to the US Constitution) “passed the buck” to the states to determine citizenship. 

Article IV. The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states;  (National Archives).

So the states decided, and the Nation accepted the legal actions of each state.  However, when the new United States Constitution took effect in 1788,  Congress passed a more uniform definition of becoming a citizen – the Naturalization Act of 1790 (and 1795):

…any Alien being a free white person, who shall have resided withing the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen… (Mount Vernon).

Fourteen Years

But two years wasn’t enough for the beleaguered Adams’ Federalists. They felt that “new” migrants were overwhelming supporting their political rivals, the Democratic-Republicans.  So in 1798, they changed the naturalization rules again. This time, it took fourteen years of residence in the United States (almost back to the end of the American Revolution). 

he shall have declared his intention to become a citizen of the United States, five years, at least, before his admission, and shall, at the time of his application to be admitted, declare and prove, to the satisfaction of the court having jurisdiction in the case, that he has resided within the United States fourteen years… (Naturalization Act of 1798).

That gave Adams a lot more latitude to “remove” (under the Alien Act) those ugly voices who were constantly criticizing him.  He used the threat of war to  deal with his “political” problem. And he used citizenship and deportation as a threat to stifle his opponents.  

What’s the Threat?

It is that same “threat of war”; the so-called “invasion” of undocumented migrants, that the Trump Administration is using to round-up long-time US residents today.   They are also using the Alien Act to remove legal residents who exercise their First Amendment right to criticize the government. The Administration claims that those are,  “…now dangerous to the peace and safety of the United States”.

But what is the real threat of undocumented migrants?  The vast majority of migrants are working, contributing, taxpaying members of American society.  Certain industries, including agriculture, construction, food processing, hotels and restaurants; are highly dependent on migrant labor.  And studies shows that the crime rate among the undocumented is far below the rate of “regular” citizens (US House ). 

Great Replacement Theory

Imbedded deep in the “lore” of far-right America, is the concept of the “Great Replacement Theory” (Forum).  A section of the political right believe that the existence of long-term undocumented migrants in the United States is a mortal “political danger” to the MAGA-Republican Party (much as migrants threatened John Adams’ Federalists).  

It starts with this fact: in the next two decades, white people in the United States will become a minority. (Texas A&M).  This is “exacerbated” by the undocumented migrants. They are living in the United States and having children with what’s called “birthright citizenship”. That is the legal principle (14th Amendment) that anyone born in the United States is legally a US citizen.  The issue isn’t that the undocumented are voting.  All the legitimate studies of voting show that US elections are incredibly safe and accurate (Brennan).  But the children of the undocumented ARE LEGAL CITIZENS, and can vote.

And MAGA-world thinks they are going to vote for Democrats. (Just like Adams thought new citizens were voting for the Democratic-Republicans).  Put bluntly:  when the Tucker Carlson’s of the world see “brown people”, they see Democrats, and the end of their political power.  And they are doing something about it.

The Cure

Closing the border,  Gestapo-like sweeps of undocumented migrants, mass deportations, ending birthright citizenship and most importantly, terror and intimidation all have a point.  It hopes to stave off the inevitable statistical fact:  white people will soon be a minority in the United States. So, instead of transitioning the Republican Party to be more diversified and attractive to the coming, non-white majority (as was recommended in the Republican “Autopsy of the 2012 Presidential Election”–ABC), Steven Miller and the 2025 crowd want literally to “maintain” the white face of American politics.

All of the heinous actions of the last six months are their “cure” for their so-called “I see brown people” disease.

The MAGA-2025 guys (and they definitely are guys, white “bros”) are standing on a beach, ordering the tide to stop.  And they are willing to change the essential freedoms of America to save their “vision”,  keep their feet dry, and maintain their own political future.  That’s the basic concern too many Americans overlooked in the 2024 election, as we got bogged down in the price of eggs or the mental health of two late septuagenarians.   Too many Americans missed the point – democracy was on the line.

I hope we’ll get another chance to “cure” that mistake in 2026. 

Author: Marty Dahlman

I'm Marty Dahlman. After forty years of teaching and coaching track and cross country, I've finally retired!!! I've also spent a lot of time in politics, working campaigns from local school elections to Presidential campaigns.