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Essay: Exploring US Immigration Laws and Reform Through History

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
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  • Words: 1,695 (approx)
  • Number of pages: 7 (approx)

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Throughout the history of the United States immigration has become apart of our country’s fabric which, began centuries ago. Only to become a hot topic in the US in recent years with its primary focus being illegal immigrants. Illegal immigration is when people enter a country without government permission. As of 2008 the Center for Immigration Studies estimated that there are 11 million illegal immigrants in the US which is down from 2007‘s 12.5 million people. Although the Center for Immigration Studies estimates are very different from other estimates that range from 7 to 20 million. While the Pew Hispanic Center estimated in March of 2009 there are 11.1 million illegal immigrants and that number is from March 2007’s peak of 12 million. The exact number of illegal immigrants is unknown because they are illegal immigrants. A 2005 report from the Pew Hispanic Center stated that 22% of illegal immigrants were from Latin American Countries, mostly from Central America, 13% from Asia, 56% from Mexico, with 6% between Europe and Canada, and 3% were from the rest of the world and Africa. In the United States alone every day there are almost 70,000 foreigners to migrate here. Within those 70,000 over 60,000 of them are businessmen, travelers and students; there are about 5,000 that are illegal immigrants; with 2,000 legal immigrants. Illegal immigrants have been and has continued to outnumber the number of legal immigrants, which has been going on since the 1990’s. It’s partially because of this that US lawmakers have recently made an even bigger attempt at enforcing immigration laws.

Here are important dates in United States immigration. The first US immigration law was the Naturalization Act of 1790. The Naturalization Act specified that “any alien, being a free white person, may be admitted to become a US citizen”. in 1875 the Supreme Court ruled that the Federal Government is responsible for regulating US immigration. Then there was the Chinese Exclusion Act of 1882, which barred certain laborers from migrating to the United States. Between 1885 and 1887 the Alien Contract Labor also, prohibited specific laborers from immigrating to the US. In 1891 the Federal Government took on the duty of admitting, inspecting, rejecting, and processing all immigrant in search of admission to the United States. On January 2, 1892, a Federal US immigration station opened on Ellis Island in New York Harbor. In 1903 a reaffirmed provisions that were in the 1891 Act. The US immigration Act of 1907, reorganized the states bordering Mexico that includes Arizona, New Mexico and a large part of Texas. Between 1917 and 1924 there were a series of laws were ratified to limit the number of new aliens. These laws established the quota system and forced passport requirements. They also expanded the categories of excludable aliens and banned all Asians except the Japanese. A 1924 Act was created to reduced the number of US immigration visas and allocated them on the foundation of national origin. In 1940 The Alien Registration Act required all non-U.S. citizens within the United States to register with the Government and receive an Alien Registration Receipt Card, which was later called a Green Card. The Passage of the Internal Security Act of 1950 depicted the Alien Registration Receipt Card even more important. Legal immigrants had their cards replaced with what commonly became known as the "green card". The 1952 Act is what started the modern day US immigration system. It created a quota system that inflicts limits on a per-country basis. It also set up the preference system that awarded priority to family members and people with special skills. In 1968 an act eradicated US immigration discrimination based on race, place of birth, sex and residence. It also officially put an end to limitations on Oriental US immigration. A 1976 act stopped preferential treatment of residents in the Western Hemisphere. There was also an act in 1980 that abolished a general policy governing the admission of refugees. The 1986 Immigration Act is also referred to the 1986 Immigration Act. This act legalized hundreds of thousands of illegal immigrants and implemented the employer sanctions programs that fined employers that hired illegal aliens. In 1990 an act created an annual limit for certain categories of immigrants. It was intended to help U.S. businesses attract skilled foreign workers; thus, it expanded the business class categories to favor persons who can make educational, professional or financial contributions, which created the Immigrant Investor Program. There is the USA Patriot Act of 2001, which strengthened and united America by giving appropriate tools needed to intercept and hinder terrorism. And, the creation of the USCIS in March of 2003 the US immigration and Naturalization Service (INS) becomes part of the Department of Homeland Security (DHS). The department’s new U.S. Citizenship and US immigration Services (USCIS) function is to handle US immigration services and benefits, including citizenship, applications for permanent residence, non-immigrant applications, asylum, and refugee services. US immigration enforcement functions are now under the Department's Border and Transportation Security Directorate, known as the Bureau of US immigration and Customs Enforcement (ICE).

US immigration laws include immigration paperwork violations. These paperwork violations consist of illegal entry, visa overstay, and border crossing card violation. Illegal entry is when non-nationals enter the US without inspection or authorization from government officials, which is apart of the Immigration and Nationality Act. The Immigration and Nationality Act stops illegal aliens from entering or trying to enter the US at any time or place that isn’t a selected area by an immigration officer, it also stops illegal immigrants from avoiding inspection by immigration officers. Visa overstay is when someone with a Visa overstays their allotted time in the country. A Border Crossing Card is a card that authorizes border crossings into the US for a set amount of time. Which is why immigration reform became apart of immigration policies.

Immigration reform is being used to change the current immigration policies. The first of these policies is the Immigration Reform and Control Act of 1986 which made it illegal to recruit or hire illegal aliens. The hiring of illegal immigrants by employers comes with fines and jail time. During the George W. Bush administration advocates argued that illegal immigrants cost US taxpayers an estimate of $338.3 billion dollars and puts law enforcement and citizens at risk. Research by George J. Borjas an economist at Harvard University has argued that illegal immigration had a considerable effect on all three socioeconomic classes. The problem is that illegal aliens take jobs away from tax paying citizens and its widely perceived that they don’t pay taxes. Since the 2001, 9/11 attacks the United States has struggled to come up with any policy that is agreed upon by both the House Representatives and the Senate. Therefore, some states have taken it upon themselves to pass legislation for their state. For example, in 2009 the state of Arizona. Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act(Arizona SB 1070). This law directs law enforcement officials in the state of Arizona to question immigration documentation. This almost allows law enforcement to run rampant just because. Although, the police can only ask about an individuals immigration status if they are suspected of involvement in another crime.

Then there was the Illegal Immigration Reform and Immigrant Responsibility Act(IIRIRA) of 1996. The IIRIRA states that if an immigrant has been illegitimately present in the US for 180 days but less than 365 days he or she should remain outside the US for three years unless the person gets an pardon. The person who has been in the US for more than 365 days could be prohibited for ten years unless pardoned. Issues that comes along with the IIRIRA immediate deportation and mandatory detention. A problem is that before, immediate deportation was activated primarily for offenses that could lead to five years or more in jail. Under the IIRIRA, those that commit minor illegal acts could get one deported. Another problem with this is when the IIRIRA was passed all of those with prior convictions could be deported. It wasn’t until 2001 that the US Supreme Court clarified that convictions prior to the 1996 act wouldn’t be deportable.

In early July 2010, the US Department of Justice filed a suit against Arizona. The purpose of the suit was prevent Arizona from enforcing this law or portions of this law. The United States Congress has ultimately stopped pressing this issue, with many worried that this could effect reelection. Since Arizona was the first state to pass an act like this, making it a burden on the state. There was plenty of backlash that came with this law that includes boycotts; protests from commercial businesses, concerts, and sporting events. The state has already lost between $7 million and $52 million in revenue because of the act. People against this law have stated that the state will lose “$26.4 billion in economic activity, $11.7 billion in gross state product and about 140,024 jobs” if all illegal aliens are removed from Arizona. Which is why some are completely against illegal immigrants.

Over the years there have been umpteen pro and con immigration bills that have been introduced to congress, with very few signed into law. As much as I understand the strengthening of immigration laws and reform. I think its unfair for illegal aliens to take jobs that otherwise wouldn’t be available. They end up getting these jobs because they work for significantly less than legal citizens. I can understand them being day laborers but taking away a job from someone more qualified is unacceptable. This issue also lies with employers. Employers hiring illegal immigrants is beyond unethical. A company hiring illegal aliens puts themselves at risk of being shutdown as well as, their customers, other employees. I also believe immigrants legal or illegal should pay taxes. I think if illegal aliens take the initiative and show that they are trying to be upstanding citizens, maybe that would increase their chances of becoming a legal immigrant. With that being said, I do believe in the DREAM Act. The DREAM Act would provide provisional permanent residency to certain illegal and deportable alien students who graduate from US high schools, have good moral character, have arrived in the US illegally or legally as minors, and have stayed in the country continuously for at least five years before the bill’s enactment. After all everyone is entitled to their own American dream.

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