The current administration is making no secret of its admiration of the disgraced former Senator Joseph McCarthy, who, in a sad attempt to make himself relevant amid an otherwise unspectacular political career, joined the anti-American witch hunt. A biography on Mr. McCarthy is telling of how history views him: “Joseph McCarthy, Reexamining the Life and Legacy of America’s Most Hated Senator,” by Arthur Herman. Misery enjoys company.
Taking a page from the McCarthy playbook, USCIS recently announced that “Anti-Americanism” now “will be an overwhelmingly negative factor in any discretionary analysis” while adjudicating requests for immigration benefits. The press release referred to updated guidance instructing officers to review social media for “any involvement in anti-American or terrorist organizations” and “antisemitic activity.” Although terrorism and antisemitism are terms that have objective meanings, anti-Americanism is entirely subjective and wrought with peril. Mr. McCarthy’s on-the-job training was a disaster. Moreover, the havoc he created and lives he disparaged or ruined left a black mark on the history of this country.
As a follow up to the McCarthy-esque “anti-Americanism” adjudicatory posture announcement, USCIS issued a Policy Memorandum directing the agency to resurrect the practice of “personal investigations” for naturalization applicants to make sure they are acceptable to what the current administration deems is necessary to become a citizen of the United States. The memo refers to subjective language in the naturalization statutes that requires applicants to be “attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.”
What is absent from all of these announcements is an important document that came before statutes, regulations, agency guidance, and press releases: the United States Constitution. The First Amendment, of which I dare say most people have come across at one time or another, guarantees “the freedom of speech” and “the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Plenty of people these days are exercising their freedom of speech in speaking out against and petitioning the federal government for redress of grievances. That makes them all the more American and respectful for recognizing their rights.
The controversial author Salman Rushdie famously said that there is no right to not be offended. Either there is free speech or there is no free speech. Packaging terrorists and anti-Semites together with “anti-Americanism” is maligned and as thin-skinned as the hull of McCarthy’s sinking ship. We’re better than that. Rather than build physical and ideological barriers to restrict rights and reduce immigration, we need to focus on expanding rights and welcoming new immigrants.