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Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter

Open%20borders%20The%20case%20against%20immigration%20controls%20-%20Teresa%20Hayter

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Border Controls 37<br />

efforts to control the presence of aliens mainly took the form of excluding<br />

those who were considered undesirable after they had entered. King Henry<br />

II banished all ‘aliens’ on the grounds they were ‘becoming too numerous’.<br />

In 1290 all Jews were banished. More foreigners were expelled by Queen<br />

Mary; some were readmitted, and others expelled, by Queen Elizabeth. These<br />

expulsions followed the switches in the rulers’ religious preferences between<br />

Catholicism and Protestantism. In the seventeenth century the power to<br />

deport became the prerogative mainly of the Privy Council rather than of<br />

monarchs. In 1793, in reaction to the French revolution, an Aliens Act was<br />

passed by parliament which sanctioned expulsion, and capital punishment<br />

for expellees who tried to return. It resulted in the deporting of Talleyrand to<br />

the United States but was otherwise not much used, though re-enacted from<br />

time to time in response to fears that anarchy and atheism might be imported<br />

from the continent. In 1848, to counter the perceived menace of revolutionaries<br />

coming to Britain after the Paris Commune, a Removal of Aliens<br />

Act was passed. Palmerston later repealed it on the grounds it might lead to<br />

an abuse of power. Later convicts and trade unionists were transported to<br />

Australasia. These Acts, like the expulsions which preceded them, were an<br />

assertion of the power to deport people who were considered undesirable,<br />

but did not provide for controls on entry.<br />

Erskine May, whose Constitutional History, first published in the late<br />

nineteenth century, is the most widely accepted authority on British constitutional<br />

matters, is quoted by Paul Foot in Immigration and Race in British<br />

Politics as follows:<br />

It has been a proud tradition for England to afford an inviolable asylum to men of<br />

every rank and condition, seeking refuge on her shores, from persecution and danger<br />

in their own lands. ... Through civil wars and revolutions, a disputed succession and<br />

treasonable plots against the State, no foreigners had been disturbed. If guilty of<br />

crimes, they were punished: but otherwise enjoyed the full protection of the law.<br />

In the heyday of liberalism and British industrial supremacy in the<br />

nineteenth century this claim was largely justified. Refugees and revolutionaries<br />

from political struggles in Europe and elsewhere came to Britain,<br />

which was then known as a more liberal country than others in Europe.<br />

They could enter freely, stay in Britain and campaign there without fear of<br />

expulsion. They included Giuseppe Mazzini, Sun Yat Sen and Karl Marx.<br />

Workers too were welcomed, at least by capitalists and politicians. The<br />

British espousal of free trade, a result of its dominant position in world<br />

markets, was, unlike today, accompanied by the free movement of labour. In<br />

particular Irish immigration took place on a large scale to meet the needs of<br />

employers in industry and in agriculture, in spite of a good deal of popular<br />

hostility towards the Irish. As Paul Foot puts it, ‘immigration control, like<br />

protection, was irrelevant, unnecessary – a symbol of national decline’.<br />

But from the 1880s onwards there began to be talk of the possible need<br />

for immigration control. Anti-immigrant sentiment grew in response not

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