Overview
There are 41 million immigrants in the US, which means almost one in twelve people is an immigrant (American Civil Liberties Union, 2022). Among 83% of all deported people are not given a court hearing in the presence of a judge (American Civil Liberties Union, 2022). Annually, the US spends almost $2 billion on immigrant detention measures (American Civil Liberties Union, 2022). Immigration and immigrants have always been the cornerstone of American societal progress since the nation itself was founded and emerged as the land of settlers from all parts of the world. The complex and intricate history of the United States created unique immigration policies, systems, and issues around the subject. It is a topic of political debates, social discussions, and historical reflections. Therefore, it is highly important to address the debate on immigration by putting it within the historical context and policies in order to comprehensively understand the core forces, factors, and drivers involved. One side of the debate might claim that immigration, in all of its forms, is not only a positive social addition but an integral part of American society and heritage. However, the other side might argue that the United States is a country with clearly defined borders and citizens whose wellbeing needs to be prioritized before any immigrant, which calls for restrictive immigration policies. In addition, one should be aware that there is a wide range of mixed views between these two extremes of the spectrum.
History of Immigration Laws in the United States
The very first immigration-related law was the Nationality Act of 1790, which introduced the concept of citizenship eligibility for “free white persons” (Tempo & Diner, 2022, p. 55). In 1870, the Naturalization Act extended the naturalization eligibility to “aliens of African nativity and to persons of African descent” (Gann & Duignan, 2019, p. 94). In other words, only African Americans and White Americans were able to have citizenship status. In the 1880s, the Chinese exclusion law took place, which was further extended in 1904 (Gann & Duignan, 2019). Women’s citizenship was tied to their husbands, and the Expatriation Act of 1907 meant that marrying a non-citizen man removed the woman’s citizenship status (Tempo & Diner, 2022). In subsequent decades, immigration laws were under constant change and amendments, which led to the Immigration Act of 1990 (Tempo & Diner, 2022). For the most part of US history, many racial and ethnic groups were denied citizenship and immigration.
Recent History and the Immigration Rights Movement
History shows that immigration is America’s long-standing and still unresolved issue until recently, social movements emerged, such as the immigration rights movement. In the 1990s, the Battle of Seattle marked the rise of the immigrant rights movement, which was partly mobilized by the labor movement as well (Nicholls, 2019). It was accompanied by a surge in anti-immigrant sentiment during the same period. In 1998, the prioritization of inclusiveness and diversity emerged as a clear mission (Nicholls, 2019). On December 16, 2005, H.R. 4437 was introduced, which sought to make being an undocumented immigrant a felony (Nicholls, 2019). Chicago was a place of major protest by the opposition in 2006, which was followed by large marches across the US (Nicholls, 2019). The Bush Administration was blamed for the criminalization of immigrants. The Obama Administration introduced DACA “provided protection from deportation and work authorization to persons who arrived as minor children and had lived in the United States since June 15, 2007” (Immigration and Ethnic History Society, 2019, para. 98). In 2019, the Trump Administration ordered Muslim Travel Ban and added public charge during an applicant evaluation process.
Milestones of the Immigration Rights Movement
From the historical analysis presented, it becomes evident that immigration was always a significant legislative issue, which has a tendency to restrict or ban access to specific groups, both ethnic and racial. Throughout history, milestones in the US immigration policies were achieved with the use of the Supreme Court, such as United States v. Wong Kim Ark (1898). The protests have always been powerful in showing and expressing the population’s discontent and outrage with proposed bills and regulatory changes. However, it is important to note that the milestones of the Immigration Rights Movement are primarily reflected in a gradual change of the social sentiment and legislative framework toward more inclusion, diversity, and openness. The anti-immigration forces operate under the power theory of racial threat and group power (Filindra, 2018).
Immigration and Voting: Understanding Political Power
A democracy is conducted through a voting process, where citizens elect their representatives to make key decisions in major important areas, including immigration. Since 1996, the Illegal Immigration Reform and Immigrant Responsibility Act banned noncitizen voting, which resulted in a significant power shift (Hayduk & Coll, 2018). According to the conflict theory in sociology, any given society is always in a perpetual conflict, and the act was a major win for anti-immigrant groups (Davidov et al., 2018). The result is the substantial reduction of political power and the voice of the pro-immigrant side in the legislative decision-making process. Under such a framework, the immigrants themselves are removed from the conflict balance, making them reliant on pro-immigrant American citizens. The key political players in the Senate are the ‘Gang of Six’ and the Congressional Hispanic Caucus. The gang is bipartisan, whereas the caucus is pro-immigrant, and they are a minority in the legislative arena due to many states being anti-immigrant by default.
Pro-Immigrant Strategies: Sanctuary
The Sanctuary Movement recently reemerged under the Trump era as a popular movement to protect and defend communities of color and immigrants. It is stated that “in the Trump era, activists are once again proclaiming various institutional spaces—from college campuses to entire cities—sites of sanctuary” (Barron, 2017, p. 190). However, it is important to note that the Sanctuary Movement dates back to the 1980s when the movement fought against US-backed wars and the persecution of asylum seekers from Central America (Barron, 2017, p. 190). Therefore, the most recent version of the Sanctuary Movement primarily focuses on internal affairs, such as the deportation of ‘illegal aliens’ or discriminatory actions against people of color. Historically, the movement fought against external policies of the United States, such as wars and selective immigration policies.
Pro-Immigrant Strategies: Sanctuary Tactics
The first tactic used by the Sanctuary Movement and its activists is called ‘framing,’ which is based on bringing attention to the violence committed against immigrants by focusing on their identities. It is stated that the movement “sought to put a human face on the tragedy to evoke empathy in the United States … to the needs of those being forced out of a war-torn region” (Barron, 190). The second tactic is creating sanctuary cities or ‘solidarity cities,’ and the core goal is to provide a safe location, space, and region for persecuted immigrants and people of color (Maira, 2019, p. 140). For example, Rev. Mike Yoshii stated that “the city of Alameda has declared it is a sanctuary city. Our church was always a sanctuary space” (Maira, 2019, p. 143). I think both strategies are highly effective because the former humanizes disadvantaged groups, and the latter provides safe havens.
Anti-Immigration
The primary topic of such debates is centered around illegal immigration practices, which is usually taking place at the southern border of the United States. The ones who oppose illegal immigrants argue that such individuals bring only crime, drugs, and unlawfulness to the nation. They believe that only legal immigrants should be allowed to enter, and illegal ones are considered to be social and economic burdens. It is believed that illegal immigrants destabilize the nation, are unfair to ones coming legally, and drive the labor cost down, by which many American citizens are replaced by illegal immigrants. In addition, some of them could be terrorists or criminals, which further decreases security in the United States. It should be noted that the issues of immigration and homeland security are tightly interconnected (Dwyer, 2014). Although the concerns are valid and reasonable, one should be aware that “quantitative research has consistently shown that being foreign born is negatively associated with crime overall and is not significantly associated with committing either violent or property crime.
Anti-Immigration: Argument on Homeland Security
If an undocumented immigrant is arrested for a criminal offense, it tends to be for a misdemeanor” (Bernat, 2019, p. 1). In other words, there is no data and valid evidence to assume that illegal immigrants pose a major threat to homeland security since they are not likely to commit crimes, and if they do, these activities are not serious. In addition, it is stated that by actively policing the border, the US “conceals its direct role in migration policing activities that violate human rights and illicit fuel activities, distracts from policy failures, and evades international obligations” (Hiemstra, 2019, p. 44). In other words, the United States is more likely to implement harsh and cruel policies and practices when illegal immigration becomes excessively monitored and integrated. Lastly, “the externalization of immigration policing is fueling a general increase in illicit activities” (Hiemstra, 2019, p. 55). The main reason is that “tougher border controls force determined migrants to depend on human smugglers, contributing to the development of smuggling networks, and driving up smugglers’ fees as well as risk and duration of migrants’ journeys” (Hiemstra, 2019, p. 55). In other words, being highly restrictive does not reduce the immigrant influx but only promotes crime and inhumane practices. In conclusion, immigration and homeland security are highly intertwined, but data supports less border policing and easier entry.
Economy and Labor: Pro-Immigration
When it comes to labor and economy with respect to immigration, there are two major categories. One group is comprised of low-skilled workers, who are stereotypically associated with Mexican immigrants. The second group consists of high-skilled workers who are educated and experienced. The size and scale of the United States economy and its dominant leadership in the global arena were not the results of an isolationist stance on immigration. A worldwide influx of people from the different corners of the planet heavily contributed to the economic and military rise of the US. These statements are based on historical records, facts, and evidence, and thus, they will be used to show how both groups of immigrants positively impact the nation. In the case of high-skilled immigrant workers, the rate of their consumption and tax provision heavily exceeds their use of public resources. It is reported that “highly educated immigrants confer large positive fiscal impacts, contributing far more in taxes than they consume in public benefits” (Orrenius, 2017, p. 2). Therefore, these types of immigrants do not incur costs to the US economy. On the contrary, they are drivers of innovation, development, and progress in many critical industries. Most high-skilled immigrant workers are educated and experienced abroad, which means that they do not carry educational and training-related costs (Gutiérrez, 2019). Both the public and businesses benefit from having such a labor influx.
Economy and Labor: Anti-Immigration
Since the opponents of anti-immigration tend to attack low-skilled immigrant workers the most, it is important to derive evidence-based conclusions rather than assumptions. It was found that the majority of immigrants are low-skilled, but they do not occupy or replace the local workers (Gutiérrez, 2019). Such immigrants allow “natives to work in safer jobs; resulted in fewer workplace injuries for natives; and reduced WC benefit claims overall, which had a meaningful impact on employer costs for WC” (Dillinder & McInerney, 2020, p. 1). Worker compensation or WC costs incurred by small and medium-sized businesses become significantly reduced, affecting the prices of products and services.
Responses
Illegal immigrants are receiving welfare benefits because they deserve them since they contribute the most compared to average citizens, according to the Institute on Taxation and Economic Policy. It states that “undocumented immigrants are taxpayers too and collectively contribute an estimated $11.74 billion to state and local coffers each year via a combination of sales and excise, personal income, and property taxes” (ITEP, 2017, para. 1). Both citizens and non-citizens are contributing to the public dole, which is why both groups deserve to get the help they need during the challenging periods. For the second question, low-skilled immigrant workers occupy the jobs the Americans do not want, providing a valuable service to the public. The high-skilled immigrant workers improve their market competence and contribute higher taxes than the benefits they receive (Orrenius, 2017).
References
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