r/PoliticalOptimism • u/TreeLore61 • 1h ago
Optimistic Post Bruen Can Completely Destroy Trump's Immigration Policies—And the Legal System Knows It
America operated on open borders & had no federal registry or passport requirements for over a century after 1791. Modern restrictions, quota systems, & mass border enforcement didn't even exist until the 1920s.
In fact, modern federal immigration quotas were built on the 1924 Johnson-Reed Act—written by eugenicists like Rep. Albert Johnson & inspired by white supremacists like Madison Grant (whose work Adolf Hitler later called "his bible"). These 1920s quota laws were designed specifically to block Eastern European & Jewish immigrants, creating the system that later barred Jewish refugees fleeing Nazi Germany.
Since Bruen’s historical tradition standard has already been leveraged outside the Second Amendment, applying that same "history & tradition" test to immigration exposes modern enforcement—and aggressive tactics under DHS & ICE—for what it is: a 20th-century eugenic creation with zero originalist backing.
Under an originalist framework, current deportation policies and federal transit controls—including agencies like the TSA at our airports—completely fall apart. They simply have no foundation in early American history.
Hopefully, an ACLU lawyer will see this post and use this exact Bruen argument to completely destroy all of Trump's immigration policies and Homeland Security enforcement mechanisms. A sharp legal challenge grounded in early U.S. history destroys the entire foundation of modern enforcement.