In the early years of American politics it was the Federalists who held power in the new American executive and Congress. The Federalists feared the inflow of new immigrants into America were placing them at a political disadvantage. Since most new immigrants were European and had fled tyrannical governments their politics were Republican.
At the time US Citizenship only had a two year residency requirement. The Federalists in response to this nature of immigration extended the residency requirement to five years and then in 1798 to fourteen years.
Two statutes followed those citizenship changes to halt the enemy within. The Alien Enemies Act and the Alien Friends Act. Under the enemies act citizens of a nation the US was at war at could be locked up or deported. The Friends Act enabled the President to lock up or deport any non-citizen deemed dangerous to the United States.
Stone writes:
Under this legislation, the individual had no right to a hearing, to be informed of the charges against him, or to present evidence on his behalf. The act vested absolute power over such persons in the president.Those two acts were prior to the Sedition Act of 1798 which is a well known historical piece of legislative tyranny. It is remarkable that we keep fighting these same battles over and over. The Australian Migration Act vested absolute power in the executive through the Minister - which we saw used in the Haneef instance. Government keeps granting itself these powers under the auspices of an alien enemy within and then abuses that absolute authority almost immediately. This is why a Bill of Rights and explicit Constitutionalism to enforce limited government are so necessary. Government quite simply cannot be granted or trusted with those powers in a liberal democracy.
