Kushner’s immigration plan is a version of a discriminatory effort from more than a century ago

It’s a stretch to place the names of Jared Kushner and Henry Cabot Lodge in the same sentence; it’s difficult even to imagine that Lodge, the aristocratic Massachusetts senator who dominated the nation’s immigration debate from the 1890s into the 1920s, would give Kushner the time of day. But Kushner’s new immigration plan, aimed at reducing immigration from specific nations through the virtual elimination of what he and others have disparaged as “chain migration,” and the simultaneous valorization of the highly educated, is simply a version of a blatantly discriminatory effort Lodge initiated more than a century ago.

A man of uncommon refinement and even greater arrogance, Lodge was a Harvard PhD., the erudite author of more than a dozen books and, in many ways, the archetype of the Boston Brahmin of a century ago. His friend Thomas B. Reed, speaker of the House in the closing years of the 19th century, said Lodge arose from “thin soil, highly cultivated.” Lodge himself celebrated his fellow Brahmins for “their intense belief in themselves, their race, and their traditions.” His idea of the west, said another colleague, was Pittsfield, Mass. Look at John Singer Sargent’s remarkable likeness of the young Lodge that hangs in the National Portrait Gallery. You almost feel you are despoiling him by your very presence.

As well you might have been, if you were Italian, or Greek, or a Russian Jew or from any of the other national groups he had in mind in 1895, when he rose on the Senate floor to introduce the first restrictive immigration bill aimed at Eastern and Southern Europeans. The widening streams of emigres pouring out of the impoverished lands between the Baltic and the Mediterranean had broadened to flood stage, and Lodge determined that the best way to keep them out was to make them submit to a literacy test.

Aware of the scant educational opportunities in most of these countries, he told his fellow senators that his bill “will bear most heavily upon the Italians, Russians, Poles, Hungarians, and Asiatics, and very lightly, or not at all, upon English-speaking emigrants.” And, he argued, why should it be otherwise? “The races most affected” by his test, he explained, were those “with which the English-speaking people have never hitherto assimilated, and are alien to the great body of the people of the United States.”

Lodge’s talk was a hit. His closest friend, Theodore Roosevelt — at the time the New York City police commissioner — called it “an A-1 speech,” which pleased Lodge greatly. He was probably even more delighted with the reaction of the “Russian-Nihilistic Club” of Chicago, which burned him in effigy.

Eagerly endorsing the House version of the bill, Lodge’s Massachusetts colleague Rep. Elijah A. Morse declared himself delighted to see that it would exclude “undesirable immigration” from “southern Europe, from Russia, from Italy, and from Greece” — people, he said, who brought to the United States little else than “an alimentary canal and an appetite.”

Lodge’s literacy test bill passed with ease. But on President Grover Cleveland’s very last day in office, he struck it down with a veto, and there were not enough votes in the Senate to override.

Over the next 20 years, Lodge and his colleagues tried again and again, introducing a version of the literacy test into nearly every Congress. Three times it was approved by both chambers; three times it was struck down by veto. Only with anti-European fervor spiking on the brink of World War I, and new theories of “racial eugenics” shaping public debate, was it finally enacted over President Woodrow Wilson’s second veto, in 1917.

But for the anti-immigrationists, the new law was too little too late, and rendered ineffective by a shapely irony: Its two-decade presence on the congressional front burner had encouraged the education of the very people he wished to keep out. The Immigration Restriction League executive committee reported the baleful news that the Italian government was “spending millions on their schools in the last few months in view of the pending bill.” An IRL official wrote, “It is probable that primary schools will be presently established in many parts of Europe,” and consequently the newly enacted literacy test “is likely to diminish in value as a means of restriction as time goes on.”

A few years later, the xenophobes finally got what they wanted when Congress enacted the Immigration Act of 1924, which didn’t mess with half-measures: It slashed immigration by means of brutal quotas aimed at precisely those countries Lodge had singled out nearly three decades earlier. Where once more than 220,000 Italians arrived each year, the number was reduced by the new quota to fewer than 6,500. In 1921, the lands comprising most of the former Russian Empire had sent nearly 190,000 emigrants to the United States; the 1924 law accommodated exactly 7,346.

For the next 41 years, this brutally exclusionary act remained in place, shaping the composition of the nation, and dooming thousands — if not millions — to deprivation and death. When it was finally revoked by Congress in 1965, President Lyndon B. Johnson signed the new law on Liberty Island, in the shadow of the great statue that had been designed to welcome the unwanted. Had he chosen to give a history of what the 1924 act had been intended to do, Johnson might have invoked the words that Cleveland used in his veto message back in 1897: The literacy test,Cleveland had said, was “the pretext for exclusion.”

I don’t think Lodge would have disagreed, nor, if he’s being honest with himself, would Kushner. A plan that sets up “educational standards” as the primary benchmark for immigration isn’t likely to certify too many people fleeing from, say, Honduras or Yemen. Reeling in the numbers of immigrants granted priority to reunite with family members already here will similarly disadvantage much of Latin America, Africa and the Middle East. Jared Kushner — and Stephen Miller and President Trump — likely know very little about Henry Cabot Lodge. But he would be proud of them.

Democrats accuse Trump ally Erik Prince of lying to Congress, refer case to Justice Dept. for possible prosecution

The House Intelligence Committee on Tuesday made a criminal referral to the Justice Department for Erik Prince, the billionaire founder of the private military contractor Blackwater and an ally of President Trump, accusing him of “knowingly and willfully” making false statements to Congress.

Prince’s statements “impaired the Committee’s understanding of Russia’s attempts to contact and influence the incoming Trump Administration,” Schiff wrote in his referral letter to Attorney General William P. Barr, describing six alleged instances in which Prince misled the panel about his January 2017 meeting in the Seychelles with a Russian banker tied to the Kremlin — and how much the Trump transition team knew about it.

“The evidence is so weighty that the Justice Department needs to consider this,” Schiff said during a Washington Post Live event earlier Tuesday, announcing his intention to make the referral later in the day.

Democratic lawmakers have long suspected that Prince lied to them during his November 2017 interview before the House Intelligence Commitee, when he described his Seychelles meeting with Russian financier Kirill Dmitriev as a chance encounter, instead of one organized at the behest of the incoming administration. Their suspicions hardened after they read special counsel Robert S. Mueller III’s depiction of the Seychelles meeting, which differed in several key respects with Prince’s sworn testimony.

Mueller’s team also learned that Prince had been in touch with Trump’s chief strategist, Stephen K. Bannon, before the meeting and from the Seychelles, but it was unable to unearth the content those conversations, as the messages had disappeared from their devices, according to Mueller’s report.

“We know from the Mueller report that was not a chance meeting. . . . We know there were communications after he returned,” Schiff said during The Post event. “In very material ways I think the evidence strongly suggests that he willingly misled our committee, and the Justice Department needs to consider whether there’s a prosecutable case.”

The White House, the Justice Department and the Trump Organization had no immediate response to Schiff’s comments.

In a statement, a lawyer for Prince said there “is no new evidence here.” Matthew L. Schwartz said: “Erik Prince’s House testimony has been public for months, including at all times that Mr. Prince met with the Special Counsel’s Office. Mr. Prince cooperated completely with the Special Counsel’s investigation, as its report demonstrates. There is nothing new here for the Department of Justice to consider, nor is there any reason to question the Special Counsel’s decision to credit Mr. Prince and rely on him in drafting its report.”

Schiff noted Tuesday that some of the information Prince gave investigators was presented during proffer sessions. He speculated that if Prince told Mueller’s team what he knew “under the condition it not be used against him, then being able to prove” that he lied to lawmakers “might be problematic.”

Details in Mueller’s report have solidified many Democrats’ concerns that Trump Jr. lied to them about the details surrounding the June 2016 meeting in Trump Tower that he and others from the Trump campaign held with a Russian lawyer promising “dirt” on presidential candidate Hillary Clinton.

The report also sparked new concerns that Kushner misled lawmakers about the pre-inauguration contacts his business associate, Rick Gerson, had with Dmitriev, the banker who met with Prince in the Seychelles.

But Democrats are reluctant to levy official accusations against Kushner and Trump Jr. until they are able to view the redacted information in Mueller’s report, as well as the transcripts of the special counsel’s witness interviews.

In a separate interview at The Washington Post Live event, Rep. Mark Meadows (R-N.C.) said Republicans are also considering referring some congressional witnesses to the Justice Department for possibly lying to Congress.

Meadows said the GOP is looking at two or three people. He declined to name them but suggested at least one is connected to Fusion GPS, the firm behind a controversial dossier alleging Trump had personal and financial ties to Russia.

Trump Isn’t Just Reversing Obama’s Foreign Policies. He’s Making it Impossible for His Successor to Go Back to Them.

Who says the Trump administration doesn’t know what it’s doing in the Middle East?

Sure, there’s plenty of confusion, diplomatic malpractice and dysfunction in Trumpian foreign policy. But on two critical issues it is deadly functional: The administration is focused like a laser beam on

  1. irreversibly burning U.S. bridges to Iran and
  2. administering last rites to a two-state solution to the Israeli-Palestinian conflict.

And if you look at the administration’s actual policies, it’s clear they aren’t just meant to overturn President Barack Obama’s actions, but also to create points of no return—so that successor administrations cannot revert to past approaches even if they want to. If the administration succeeds—and it’s well on its way to doing so—it will have fundamentally damaged U.S. national interests for years to come.

The administration has now done a complete about-face. Whatever Trump’s personal inclinations to prove he’s the world’s greatest negotiator on Iran, his hard-line advisers, Secretary of State Mike Pompeo and national security adviser John Bolton, want to get rid of the mullahs who rule the Islamic Republic, not engage them. Pompeo and Bolton are now pulling out all the stops not only to provoke Iran into withdrawing from the Joint Comprehensive Plan of Action—and maybe into a fight as well—but to block a successor from engineering either a broader geopolitical pivot toward Iran or to engage in diplomacy to resolve outstanding U.S-Iranian differences. The administration’s Monday announcement that it will end all waivers of sanctions on countries still importing Iranian oil fits this pattern of relying on coercion and intimidation rather than diplomacy. As for Israel, whatever the president’s personal views on Israeli-Palestinian peace (and during the campaign they were more balanced than they are today), Jared Kushner and his team now seem hellbent on producing a “made in Israel” peace plan that will be dead before arrival and drive the final nail in the coffin of a peace process that is already on life support.

Last year, Pompeo laid out 12 extreme demands that Tehran would have to meet before the Trump administration would agree to re-engage with Iran. The demands would have required Iran to give up all its rights under the JCPOA and to stop pursuing what Tehran sees as its legitimate interests in the region—for example, helping to stabilize Iraq and supporting the government of Adil Abdul-Mahdi to defeat the Islamic State in Iraq. This diktat was swiftly and angrily rejected by the Iranian government.

No amount of economic or diplomatic pressure the U.S. brings to bear on Tehran will force it to knuckle under to these orders. But the administration’s fantastical demands have established a standard that will be used to judge any future nuclear agreement a Democratic, or different kind of Republican, administration might negotiate with Iran, which will almost certainly require both U.S. and Iranian compromises. That means a president who fails to meet these standards will be accused of appeasement, making compromise as well as domestic support for a new agreement far more difficult. The administration is not just killing the Iran nuclear deal; it’s stopping it from coming back to life.

The administration’s decision to designate Iran’s Islamic Revolutionary Guard Corps as a Foreign Terrorist Organization is also willfully and unnecessarily confrontational, and once done, given the hardcore, militant and enduring nature of the IRGC, it will be nearly impossible to undo. A successor administration, if it did try to undo the designation, would find itself vulnerable to the charges of enabling state-sponsored terrorism. The move will strengthen hard-liners in Iran who oppose accommodation with the U.S. and weaken those elements within the country which favor improved relations with America, who will now have no choice other than to remain silent or close ranks behind the IRGC, further diminishing opportunities for future engagement and diplomacy with Iran. Empowered hard-liners will crack down even more harshly on Iranians who want less political oppression, greater respect for human rights, and more political and civil liberties. All these results were no doubt intended by Pompeo and Bolton, and work together with the economic warfare the administration is waging against Iran, which is aimed at provoking internal unrest inside the country that could ultimately lead to a toppling of clerical rule. The imposition of the total embargo on Iranian oil exports, if successful, will inflict even more economic misery on the Iranian people, hardening the perception that the U.S. government is an enemy not only of the ruling regime but also of the Iranian people—an attitude that will make it harder to ratchet down hostility toward America in the future.

In what would deliver the final coup de grace to any normalization of future U.S.-Iranian relations, Pompeo and Bolton are doing everything they can to goad Iran into a military conflict with the U.S.There is a growing risk that U.S. forces and Iranian IRGC units and Iranian-backed militias could stumble their away into an unintended conflict, especially in Iraq or Syria but also in Yemen, where the administration’s unstinting support for the Saudi Arabia’s inhumane and ineffectual military campaign against the Iranian-backed Houthis risks further provoking Houthi missile attacks on the Kingdom, creating a pretext for the Trump administration to come to the Kingdom’s defense.

There are a number of steps the U.S. could take to mitigate the risks of an unintended conflict with Iran. But the administration has failed to create diplomatic or operational arrangements for communications and crisis management with Iran, suggesting that its goal is not to prevent such a conflict but to deliberately provoke one. And predictably, the IRGC designation has met with a hostile Iranian response: The Iranian Majlis (parliament) has declared every American soldier in the Middle East a terrorist. Thousands of U.S. military personnel are now wearing targets on their backs. Because they operate in close proximity to IRCG units and Iranian-backed militias in Syria and Iraq, the odds have increased dramatically that there will be some kind of confrontation with a high risk of escalation. In other words, U.S. actions have helped set the stage for a U.S.-Iranian conflict that could rule out reconciliation for many more years.

A less confrontational relationship with Iran isn’t this administration’s only casualty. It is also doing all it can to kill and bury the long-standing policy of seeking a two-state solution to achieve a conflict-ending settlement between Israel and the Palestinians.

Over the past year, the administration has waged a relentless campaign of economic and political pressure against the Palestinians—

  1. closing the PLO office in Washington,
  2. withdrawing U.S. assistance from the U.N. agency that supports Palestinian refugees and
  3. cutting aid to the Palestinian Authority.

While the details of the Kushner plan have been shrouded in secrecy for over a year, the way his team has operated and leaks to the media suggest a plan that gives priority to Israeli Prime Minister Benjamin Netanyahu’s politics and needs—one that is reportedly heavy on economic issues and light on the core issues of

  1. Jerusalem,
  2. borders,
  3. refugees and
  4. Palestinian statehood.

Since at least the mid-1990s, both Democratic and Republican administrations have been committed to a two-state solution with a return of the majority of the West Bank to the Palestinians—based on borders from before Israel’s 1967 seizure of that territory—and a physically undivided Jerusalem hosting capitals of both states.But the Trump administration has reversed almost 20 years of U.S. policy by even refusing to unequivocally and consistently endorse the concept in principle of a two-state solution. Trump did support the idea in September 2018. But since then, the administration has dropped the concept and, even worse, delegitimized it. Last week, the Washington Post reportedthat the words Palestinian state are unlikely to appear in the Kushner plan. Even more telling, testifying before Congress last week, Pompeo refused to endorse Palestinian statehood as the goal of U.S. policy.

Even if the words “two-state solution” were uttered, the administration’s view of the Palestinian state is clearly a far cry from the size and contiguity that any Palestinian leader could accept as part of a deal. In this way, the Trump administration’s policies don’t just roll back the very idea of a meaningful two-state solution and push the Palestinians further away from engaging seriously in negotiations leading to a settlement. They also, in aligning so closely with Netanyahu’s vision, make a deal much less likely in future.

For example, the administration’s gratuitous decision—untethered from any U.S. national interest—to recognize Jerusalem as Israel’s capital and open an embassy there

  • inflicted serious damage on U.S. credibility as a mediator,
  • marginalized the Palestinian Authority as a key U.S. interlocutor, and
  • subordinated U.S. policy toward the Palestinians to U.S. policy toward Israel.

The administration’s treatment of Jerusalem has drawn a clear hierarchy: Israel’s needs are indisputable and sacred, Palestinian needs are negotiable and worldly. The prospects for a Palestinian capital in East Jerusalem are now more remote than ever: With continuing Israeli efforts to formalize their control over all of Jerusalem and the presence of more than 300,000 Israelis living there, it’s hard to imagine there will be either political or territorial space for the establishment of a real Palestinian capital.

The other long-standing diplomatic assumption—that settlement activity would be constrained during the period of negotiations andthat 70 to 80 percentof West Bank settlers who are in blocs close to the 1967 lines would be incorporated into Israel proper in exchange for ceding other land to Palestinians—has been undermined by an administration that has no intention of cutting a deal that would leave Palestinians in control of the majority of the West Bank. Indeed, theadministration has virtually erased the concept of the 1967 lines by enabling and greenlighting the expansion of settlement activity and unilateral Israeli actions on the ground without protest or the imposition of any redlines, not just on the West Bank but in Jerusalem as well. In March 2017, Israel announced the creation of a new settlement in the West Bank, the first in decades. After an initial drop during 2017, settlement construction activity increased 20 percent in 2018.

There is zero chance that any Palestinian leader—let alone one as weak and constrained as Mahmoud Abbas—will accept these conditions on the ground as part of a deal. And speculation is even growing that Netanyahu could use Palestinian rejection of the Kushner plan to outright annex portions of the West Bank.

That’s another area where the administration has done major damage. The Trump administration’s announcement on the eve of the recent Israeli election that it recognizes Israeli sovereignty over the Golan Heights—a decision that was untethered from any logic other than helping to reelect Netanyahu—could portend a U.S. decision to confer similar status onIsrael’s possible decision to annex parts of the West Bank. The administration has refused to challenge Netanyahu’s statement that in a defensive war Israel can keep what it holds. And last week, Pompeo, responding to a reporter’s question, refused to criticize Netanyahu’s statement about annexing West Bank settlements.

Once annexed, there will be no possibility of any solution that involves separating Israelis and Palestinians, thereby condemning them both to live in a one-state reality that is a prescription for unending conflict and violence. In the cruelest of ironies, the administration’s plan to end the Israeli-Palestinian conflict could extinguish any hope of a diplomatic solution to separate Israelis and Palestinians, and instead guarantee perpetual conflict.

So if the chances of the plan’s success are slim to none, especially in light of the recent Israeli election and the emergence of a very right-wing government, why launch it? The answer is obvious: We believe the administration has defined success in other ways. With zero chance of getting an agreement between Israelis and Palestinians, the administration’s real end game is to fundamentally alter U.S. policy toward the conflict and to do everything possible to raise the odds that no successor can reverse the new ground rules. And there may be no time better than now. Listen to U.S. Ambassador David Friedman—a key influencer of the administration’s policy—at last month’s AIPAC conference: “Can we leave this to an administration that may not understand the need for Israel to maintain overriding security control of Judea and Samaria and a permanent defense position in the Jordan Valley?” he asked. Can we run the risk that one day the government of Israel will lament, ‘Why didn’t we make more progress when U.S. foreign policy was in the hands of President Trump, Vice President Pence, Secretary Pompeo, Ambassador Bolton, Jared Kushner, Jason Greenblatt, and even David Friedman?’ How can we do that?”

The goal isn’t just to drive a stake through the peace process but to ensure that America’s traditional conception of a two-state solution won’t rise from the dead.

Why couldn’t a new administration truly committed to engaging Iran and pushing forward on a two-state solution simply return to traditional policies? We cannot rule this out; but this possibility faces very long odds, particularly if the Trump administration is in charge until 2024.

Even under normal circumstances with a committed and highly skilled administration, Iran and the Israeli-Palestinian conflict are excruciatingly difficult issues even to manage, let alone resolve. Success depends on leaders America can’t control who have conflicting interests and their own domestic constraints and, in the case of Iran, on bitterly suspicious adversaries; the issues are politically radioactive for all parties and perceived to be existential, too. And the longer these conflicts persist the more entrenched attitudes become and options for progress contract. Indeed, time is an enemy not an ally; and even under the best of circumstances, any number of deal breakers are always present. In its own inimitable way, the administration is well on its way to hanging “closed for the season” signs on both improving relations with Iran and on a two-state solution and, sadly, irreversibly damaging American credibility and national interests in the process.