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Some are relying upon the phrase that America is “melting pot” and the Statue of Liberty as support for a nation without borders, the establishment of sanctuary cities, limited restrictions, if any, to sharing this story about assimilation  to promote immigration and our nation as a melting pot with little to no limitations. So here is a bit of a history lesson to clarify and distinguish the rule of law versus an aspiration. And noble words on a plaque at the base of a foreign gift do not make American law or policy — no matter how noble the aspiration or compassionate the ideal.

Admittedly, “The New Colossus has come to symbolize the statue’s universal message of hope and freedom for immigrants coming to America and people seeking freedom around the world.”  But it is not the law, just a message.  A good message, but still a message.  Big difference.

 
The concept of America as a melting pot is not a goal but simply an after the fact description of the assimilation of many into American culture. The immigration worked then, but this is now.
 

The immigrations during the 19th century were for our nation’s benefit during a time of need for labor to grow the industrial revolution.  Do not forget the times were tumultuous, and the immigration was not welcomed by all, was not always peaceful, and was not always beneficial to those who came. However, the passage of time has overlooked this historical and cultural turbulence, some of which was displayed in Martin Scorcese’s film “Gangs of New York.”

 

The bottom line is we became a melting pot after the immigrants melted, with lots of stirring and mixing and pain and persecution suffered by those here and those who came.
 
This does not negate the need for compassion or charity, but that is not the overriding directive of our Constitution as found in the Premable where “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
 
Many rely upon a poem inscribed on a plaque located at the Statue of Liberty Museum.
 
Let us not forget that the Statue of Liberty was a gift from France to symbolize the friendship between France and the US that developed during the American Revolution.
 
It has come to represent global friendship, freedom and democracy.
 
The broken shackles on Lady Liberty represent America breaking the shackles of oppression from Britain.
 
The poem was written to help raise funds for the installation of a pedestal – The New Colossus
 
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
 
I mention this because the Statue is a symbol, and a poem is not the law.
 
The Constitution establishes our rule of law as to immigration. The concept of a melting pot is not a rule of law. Aspirations do not make law. Not even the Preamble of Our Constitution is a legal directive and no law has been based upon it.
 
I mention this because the Constitution and the Rule of Law codify duties and responsibilities owed by the government to its citizens. Nothing contained therein requires immigration or the granting of rights and privileges to those not citizens. Nothing requires those entering this country to be given a get out of jail free card or a permanent pass from breaking our laws and remaining.
 
I mention these because charity begins at home, and nothing prohibits acts of charity and compassion expressed by individual citizens and organizations. But this is not in the Constitution. Any such acts have consequences on appropriations, authorizations, entitlements, and national debt.
 
To put it in perspective.
 
a. Immigration policy and citizenship naturalization is the governments duty and responsibility per our highest law in the land.
 
b. Congress establishes our criminal laws, and has limited authority as contained in Article II of the Constitution and our Bill of Rights.
 
c. Our nation does not a legal goal to be a melting pot for any and all comers. Our history reveals that this occurred but not without turbulence. Besides not all things melt together into a new mixture. Ask any high school chemistry student what happens when sodium is dropped into a beaker of water. Boom!
 
d. A line from a poem written upon a plaque on a statue given to the US by a foreign but friendly power over a century ago does not constitute federal law or policy. The goals are aspirational but should be pursued consistent with the needs and desires of the citizens.
 
e. And even if you really do like that line from the poem, please note that those coming to our shores want to be here who are “yearning to be free . . . .” Not yearning to be free from our rule of law, or to kill, or to sell drugs, or to do any of us harm. Thus, open borders is not even supported by poetic license.
 
“Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”