The Duty to Receive the Stranger

In the United States, discussions of immigration start from the assumption that a nation has a sovereign right to refuse admittance to anyone, and that admittance is at its discretion. Such a stance fails to recognize that all migrants, regardless of legal status, are rights-bearing humans. The only legal concession that the United States makes to this reality is that those who are present in the United States are entitled to Due Process and First Amendment rights. Even this has not been explicitly confirmed by Supreme Court decision, though it is a widely held opinion, professed publicly even by the late Justice Antonin Scalia. Lately, even this modicum of decency has been discarded by the current regime, which actively seeks to deny due process and persecute speech, even in defiance of court orders.

In fact, due process does not adequately encompass the international rights that all humans bear. The first exponent of what we now call international rights was Francisco de Vitoria (c 1483-1546). This Spanish theologian notably opposed absolute sovereignty, holding that even sovereigns must respect the law of nations and human right. A sovereign cannot wage war whenever he pleases, but must have a cause that is just, not merely in his own eyes, but in the consideration of many wise men, and that is defensive. A mere difference in religion is not a just cause, nor is the desire for territory or the glory of a prince. A sovereign is also obligated to treat his subjects well. If he denies them their basic right and becomes a tyrant, other nations may and should wage a just war on behalf of his subjects against him.

Vitoria started from the position that humans have a natural right of society and communication, from which he derived a social solidarity of humankind. This solidarity does not permit that any one group should have absolute rights over others. Nor does the division of the world into particular polities and private holdings abrogate this natural right of society. Thus even sovereigns are bound to permit people of all nations to navigate the seas and rivers, to grant the use of ports necessary to such navigation, and to permit people to trade with those of any nation. People also have the right to travel or migrate anywhere in the world. This natural right, which antecedes the existence of nations and indeed gave birth to them, cannot be limited unless some positive harm results from it. Note that the default assumption is that the sovereign must permit migration. Some reason must be given for limiting it. The right of the people to migrate is primary.

This change in perspective also requires a change in attitude toward the dignity of those of other nations. They are not some second-degree humans pleading for admission. They are fully equal in dignity, and have a right that must be respected. Thus Vitoria famously considered that the chieftains of the Indies had sovereign rights equal to those of European princes, and were true lords of their territories before the arrival of the Spanish. They remained rights-bearing subjects even after the conquest, and were owed good treatment and respect for their persons and property. These were, needless to say, controversial positions at the time, but incredibly they prevailed to the extent that slavery was abolished in New Spain. Vitoria reminded the Spaniards that they were the migrants to another country, and just as they had been admitted, so too must they respect the rights of others.

An analogous situation appears in the southwestern United States, a territory where southerners first entered Mexico as migrants, and eventually took over by conquest. Now they should respect the rights of those who remained in the new territories, as well as any new inhabitants who should migrate. Vitoria says that the sovereign is obligated not merely to admit foreigners, but to receive them well, as a precept of natural law. They must be treated humanely, and should not exile guests who have committed no crime.

The universality of the ancient right of hospitality in the civilized ecumene is well attested, and likely familiar to many through Biblical stories. The sacredness of this right, which includes providing food and shelter to the wayfarer, is based on a sense of human solidarity and the need to travel freely across the land to seek subsistence. Humans have always migrated when their homelands are scarce in resources; indeed our very physiology is designed for long-distance travel. It is a monstrous fiction, only lately developed by some countries in the nineteenth-century, that migration without legal approval is itself a crime meriting exile.

Making this adjustment in thinking would require a humiliation of American exceptionalism, the idea that the U.S. should bow to no principle outside its own traditions. Early on, the American judiciary decided that there was no common law binding at the federal level, and that international law could provide no guidance for internal affairs, though the law of nations was indeed respected in matters of commerce and navigation, as well as the law of comity. This generally inward-looking attitude, recognizing no wisdom to be received from without, may seem ironic since our so-called “American” traditions are mostly derived from European culture. Yet we ourselves are in a self-imposed exile from Europe, deliberately cutting ourselves off in many ways in order to set out on our own course. In the last half century, an increasingly integrated world no longer permits this isolation, and those who try to revert to it must resort to ever more brutal measures, even against fellow citizens. The biggest irony is that most of these isolationists profess to be Christians, yet humility is furthest from their hearts and they have forgotten the Biblical precept of treating “strangers” (i.e., foreigners) with compassion and as fellow natives since we were once strangers. (Lev. 19:33-34)

If it was wrong for monarchs to claim absolute sovereignty, subject to no higher moral principle, it is no less wrong for a republic to do so. The American error of claiming absolute sovereignty makes us vulnerable to a moral blindness that can prevent us from seeing tyranny, and even make us welcome it. Such a claim may have seemed alarmist until very recently, but so many of the dictators of the twentieth century claimed to be acting for the good of the people or the nation that we should have alarms sound whenever someone repeats this nativist nonsense.

Demonizing the Other: An American Tradition

My father was amazed that Hitler was a German and not an American, since the United States had always been a hotbed of the most virulently racist and anti-immigrant sentiment in the West. Even in modern times, when racism was put to shame in the wake of the Holocaust and the black civil rights movement, a strong bigotry toward other races and nationalities, motivated in large part by a thorough ignorance of the rest of the world, has found broad adherence among so-called middle America. To be sure, the more overtly malicious forms of racism have been replaced by relatively benign prejudices in most quarters, but the old antipathies and fears remain buried in the psyches of many. It only takes one deranged populist, incapable of filtering his id, to bring a new legitimacy to old bigotries.

The Orange Tyrant has exploited the baser impulses of the electorate, demonizing immigrants with fictions borrowed from the first ten minutes of Scarface or from whatever he saw on social media. Support for his immigration policy has stayed above 50% long after his perceived competency on the economy and other matters tanked, but at last his nakedly Nazistic practice of deporting people to hellish foreign prisons without due process has scandalized the sensibilities of middle America to the point that a majority disapprove.

Just like the original Nazis, the Trumpistas garner public support for their extremist anti-foreigner policy by appearing to limit it at first to the most distasteful and unsympathetic minority, supposedly the worst of the criminals. Exploiting the false perception that these violent criminals are numerous, they expand to an ever-wider net and hope no one notices. At first the Jews had to present papers in order not to be sent to the camps; later the Gestapo stopped checking papers. Similarly, we find summary deportation expanded even to those with legal status, and even permanent residents are not exempt from having their status revoked on specious national security grounds. The deportations to Third World prisons are defended legally on the grounds that immigration constitutes an “invasion.”

Who invaded whom? Do we need to recount all the broken treaties and genocides perpetrated against the Native Americans, who are far less numerous in this country than in most of the Americas? Should we remind the ignorant that the Republic of Texas was founded by Southern U.S. migrants to Mexico who wished to introduce slavery in a nation where it was illegal? On behalf of that noble cause, the U.S. invaded and conquered a third of Mexico, in a war that was opposed by Abraham Lincoln and for which Ulysses Grant considered his country had earned God’s punishment in its own Civil War. Long before the Orange Tyrant, this country had built its own Berlin Wall on the border between San Diego and Tijuana, keeping out the undesirables. In the aptly named Operation Wetback, the Eisenhower administration conducted mass deportations based on ethnicity, even including some U.S. citizens. Immigration is an “invasion” only when the immigrants have the wrong skin tone and language.

The aggressive “Gulf of America” nonsense is a fitting example of the pettiness and ignorance beneath this bigotry. It is only because the United States is among the least American nations on the continent that it can think of itself as simply “America” without irony. The USAers neither know nor care about what goes on in America as a whole. There is more in common between Brazil and Mexico than there is between the U.S. and America. To the ignorant Americans, everything south of the border is one big impoverished blob indistinguishable from northern Mexico. El Trumpo often refers to Central American immigrants as being from “South America,” as though the “South” meant anything south of the U.S.

With the current regime, as in the Nazis, the anti-foreigner hatred is much more acute than in the general population. Thus their agents wear masks, abductions are made quickly to more favorable jurisdictions, and cruelty is deliberate. The idea is to intimidate many into registering, surrendering themselves or self-deporting. These tricks were all used on the Jews, and they are surely tricks again. The Orange Tyrant has repeatedly proven that his word is worthless, tearing up his own agreements on a whim. This is why he is worthless as a “deal-maker” and nothing he does will last. A one-trick pony, he only knows how to threaten and intimidate the weak into bending to his will.

The courts have been wise to the transparent bad faith of this government, but nonetheless have been extraordinarily patient and given it ample opportunity to offer some token defense. In some cases, the government cannot even meet this low bar, so Rumeysa Ozturk was released due to complete lack of evidence. In other cases, one fiction forces another. The claim that someone was sent to a Salvadoran prison due to “administrative error” was a laughable falsehood, designed to avoid admitting that the deportation was in willful defiance of a court order. But this claim is now in the record and the government was operate as though it were true. Now it will claim that it is unable to facilitate the return of that person. Yet its pathetically limp non-efforts belie the initial claim that this was a deportation in error, for if that were so, surely the government would make some attempt to correct it. Caught between two lies, it will surely at some point be forced into outright contempt of court. Then what?

How about the biggest scandal of all: that a nakedly tyrannical regime can establish itself without resistance, and with only a minority willing to call it a tyranny? Was my father right about this country? Are we more fertile ground for a Hitler than Germany was? Surely, there is no talk of genocide against the immigrants; the crimes of the first Hitler has made such talk forever unthinkable. But the other aspects of dehumanization remain. It is even less forgivable in the twenty-first century than in the twentieth that we should regress into this tribalistic alienization on the basis of race.

The Paradox of Thrift, Tariffs, and Tyrants

The Orange Tyrant’s capricious on-and-off tariffs are of interest not for their value as economic policy, as it is childishly simple to show, as many have done, that their result is short-term inflation and long-term harm to production. The legal questions raised, such as whether a president can use patently bad-faith national security rationales to impose tariffs under existing law, or whether and to what extent Congress can delegate to the executive branch its core constitutional power of taxation, are of considerable interest, but we may save those for another time. Of all the unprincipled acts of our unprincipled executive, tariffs are of most interest because they are the closest thing the Orange Tyrant has to a policy belief, one he has held for decades, and one that he continues to hold even in the face of negative economic effects and declines in popularity. The sincerity of this conviction, though it speaks of profound economic ignorance, more forcefully conveys the character of the grievance-laden worldview that motivates it and the gangster practices invoked to remedy these grievances.

While the identity of the culprits of have changed over the years, from Japan in the eighties to China and Europe today, the egomaniac has consistently portrayed international trade as a zero-sum game where other nations “rip us off” and sell their products to the U.S. on more favorable terms than the U.S. sells to them. It is left unclear who is the “us” being ripped off: U.S. businesses, the U.S. government, the U.S. consumer, or the U.S. worker. Spelling that out would require articulating a clear understanding of macroeconomics. The egomaniac functions on a more visceral level, identifying his personal likes and dislikes with the interests of “us” the nation.

As he ran his private businesses, the egomanic disliked having to pay for anything, and often took advantage of the weakness of small vendors to force them to accept reduced or no payment. Cooperation with outside entities was a foreign concept. There are only winners and losers. Apply this to foreign trade, and we find the strange notion that kindly Canada is ripping us off by having a trade deficit. This is mainly due to energy purchases from Canada, and somehow it is unfair that we should have to pay for the energy we purchase. The next logical step from that is the “51st state” annexation nonsense, as if that would somehow abolish the cost of energy. Trade deficits were a problem in the mercantilist age, when the supply of currency was limited by gold reserves. In the age of fiat currency (or even the 1930s-1960s era fractionally gold-backed currencies), that is no longer an issue, since each nation has means of increasing its money supply in proportion to national production.

If anything, free trade is unfair in favor of the U.S., since it has a much larger market and is in less need of protectionism, and the dollar is the world’s reserve currency, enabling the U.S. to increase its money supply by a much greater margin without causing as much inflation, since there is a global market for dollar buyers. Blinded by his ignorance and sense of grievance, the Orange Tyrant is sabotaging a game the Americans are built to win.

We can find other examples of economic illiteracy, such as the notion that U.S. export products should not have VAT applied (even though it is applied to all other products, including the domestic products of the receiving country). Exhaustively pointing these out would miss the big picture, namely that economics is not what is at stake here, for the Orange Tyrant has no understanding of macroeconomics at all. We see this in the destructive cost-cutting measures he applies to the federal government, as if this were analogous to a household economy or private business. Again, in his private business he would have “cheap attacks” (see Cohen, Disloyal, pp. 154-163, where he bought cheap paint against the vendor’s suggestion and then blamed the vendor) to reduce cost by sacrificing quality. He does not comprehend that “efficiency” means doing more with less, not less with less. Much less does he care that his first term tax cuts were among the biggest drivers of deficit expansion this past decade. This hypocrisy is not unique to the Orange One, for Republicans have long driven up deficits with tax cuts for the rich, only to later develop a “conscience” about the debt and make noble sacrifices of programs that help the less fortunate.

As with the tariffs, we must go back to pre-Keynesian notions, in this case that thrift is a virtue for the national government. On the contrary, deficit spending with bond issuance is a means of increasing the money supply and stimulating growth, with a particularly profitable multiplier effect when spending is related to productivity, as in the funding of scientific research, or adding spending power to the working class, as with various social programs. As long as the growth in money supply is kept proportionate to productivity, i.e., debt is manageable as a percentage of GDP, then deficit spending is not only tolerable but beneficial.

The dumb cuts made to programmatic spending and personnel, without regard for actual productivity of these persons and programs, are economically harmful. We have seen that DOGE assesses “waste” simply in terms of programs they do not like, for political or ideological reasons. In some cases, such as the cutting of foreign aid and biomedical research, they are hopelessly short-sighted. The draconian measures are made necessary by an a priori commitment to cut spending by a predetermined amount, say $1T or $2T per year, in order to finance tax cuts for the rich. Their “fiscal responsibility” has them be generous toward the wealthy and frugal toward the poor, even to the point of making false accusations of waste and fraud in the programs that sustain them at much lower cost per person than the proposed tax cuts that chiefly benefit a few. Again, this is motivated by an economically illiterate view of the national budget as a household budget that must be balanced, without regard for the monetary policy role of government. It is made especially perverse by identifying the national interest with personal interest, namely of the billionare class that has the Tyrant’s ear. It should be obvious that thrift is an insincerely held virtue; the banks in 1990 imposed a humiliating constraint on his extravagant spending to a mere $450K per month in exchange for bankruptcy-avoiding loans. He subsequently claimed losses in 1995 that would exempt him from income tax for 18 years, even though he only paid half the debt.

In both the tariffs and the thrift measures, the Orange Tyrant enjoys the exercise of arbitrary power. He can bring large institutions and constituencies to heel by the mere threat of exercising such power, and extract concessions from them in exchange for exceptions to his tariffs or budget cuts. The love of power and its exercise may take precedence even over the ostensible motivations of grievance and thrift. The grievances, after all, are often directed at those who have slighted him or opposed his rise to power, while the desire for thrift often disguises a desire to punish ideological opponents, such as academia, NGOs, and the media.

It would be a mistake to search for a master plan behind any of this. The ever-shifting targets are reflections of an unfocused, impulsive, reptilian mind. There is no deeper personality to be found. Hurt whatever has hurt you. Strike quickly. Threaten the weak. Make them beg. These visceral impulses have led the egomaniac throughout his business career. The so-called “deals” he makes are not the result of negotiation, at which he is hopelessly inept, due to his unwillingness to learn about anything, but are simple acts of extortion. We see this in all of his so-called foreign policy dealings, which is why he sides with the stronger party (Israel, Russia) against the weaker (Gaza, Ukraine), since only the latter can be extorted. This is also why he attacks long-time allies, but only those he perceives as weak. Gangsters don’t believe they should have to pay full price for anything. The desire for power, not thrift, is the prime motive.