This article is written by Indrasish Majumder. 

Introduction 

The predominant building block that aided America in becoming the unique nation state that it is, is its significant immigration populace. Disputation over the subject of immigration and border security has been turned pestilential because of the trend among politicians to prioritize politics over morality and principles because of this, American citizens often end up discovering themselves squeezed between bigots on both sides. Traditionally US has been welcoming towards immigrants, from any corner of the world. When analyzing the economic, security and humane issues concerning the country, immigration has been the touchstone to U.S politics over decades. Upon failure of the Congress to arrive to a consensus on immigration reform, the duty has been vested on the judicial and executive sections of the government. Several reasons can be attributed to US being the hub for immigrants: from familial unification, healthy work environment, safety, to refuge from war and natural disasters. The immigration scenario worsened following the election of Donald J. Trump, who was elected on promises to prevent immigration, together with controversial plans to create the border wall with Mexico, extradite millions of documented immigrants and provisionally ban Muslims.

Immigration population in the US 

A significant percent of the US population comprise of immigrants (14%), according to the Census Bureau. Approximately 43 million people of the 323 million are immigrants. The percentage indicates a persistent rise since 1970, when the number of immigrants increased to 10 million. However, in the 21st century, the percentage of immigrants have reduced significantly, compared to the 1970’s and 1980’s, when residents born in the foreign and residing in the US, made up 15% of the population. Immigration from Mexico is the highest compared to other countries in Latin America, (25%) however from the East and SouthEast Asia percentage of immigration (27%) is on the rise. The recent scrutiny in immigration is a result of the undocumented immigrants’ population in the US which counts to 11 million and has risen since the 2003 global economic meltdown.

It has been noted by the office of Customs and Border Protection, in 2019 twice the number of people have been apprehended, compared to the last year. However more than half of the unregistered immigrants have been US residents for more than a decade, as recorded by the Pew Research Centre. It needs to however be taken in consideration that not all of these immigrants are legally entitled to be granted citizenship. The immigrants from Central America are protected under the U.S constitution, when seeking asylum and in granting citizenship. Immigrants on the other hand from Mexico has different legal rights. The 2008, anti-Human Trafficking law allows Mexican Nationals hearing before a competent court, previous to being expatriated to their countries. Currently 900,000 cases are pending for hearing before the immigration courts. 1.1 million individuals were granted permanent residency in the US in 2017. 

Historical perspective to the Immigration laws 

US has historically shown instances of ratifying restrictive exclusionary laws concerning immigrants, “The Chinese Exclusion Act of 1882”, “National Origins Act of 1924” or the illegal Immigration Reform and Immigrant Responsibility Act of 1996. Several legislative enactments have since liberalized America’s stance towards the immigrants. Namely “The Refugee Act 1980” which elaborated on the definition of Refugees and increased their annual inflow. A Democratic Government in 1986 enacted a major immigration reform bill, which ensured citizenship to people, who came in the US before 1982. The Temporary Protected Status Program signed in 1990 by President George H.W Bush, ensured individuals escaping natural disasters and war, to legally work and stay in the US, until the situation normalizes in their home country.

In 2001 “The Dream Act” supported undocumented youth in ensuring them legal status as citizens. It is however yet to be ratified as law. The Deferred Action for Childhood Arrivals program, created by President Obama 2012, helped young immigrants without status, who grew up in the US as children, apply for work authorization permits and in sheltering them from deportation. Until November 2019, nine hundred thousand people is recorded to have been advantaged by the initiative. A program on similar lines Deferred Action for Parents of Americans, was adopted by President Obama to benefit the undocumented parents of U.S citizens but was quashed by the Supreme Court in 2016 with the Trump government coming in power. The “Immigration and Nationality Act 1965” terminated the National Origins Quota system, which had advocated European immigrants. The act laid down the basis of immigration as 1) family reunification 2) needs of employers. 

With the election of Donald Trump in 2017, the subject of immigration reform has been unduly neglected. Measures have been proposed and even passed with bipartisan support, but is always frustrated of final passage. The immigration policies of the Obama government were the subject of criticism, particularly for overseeing the expulsion of three million people during his eight years’ tenure, exceeding that of President Bush and Bill Clinton. Several Republicans have arraigned the Obama administration for reducing deportation to undocumented immigrates accused of serious crimes, terming the same policy as soft on enforcement. The Trump Government however committed atrocities against immigrants beyond imagination. From instructing the federal agencies to build a wall between the U.S and Mexico, to the initiative focused on the prevention of Terrorism and effectively banning immigration from any middle east countries. Under Trump the annual inflow of refugees was restricted to 50,000 in 2017. The Temporary protected status was abolished for the Nicaraguans and Haitians, who had been permitted to stay in the US, following escaping environmental disaster in their home country. The Government’s aim of condemning the DACA and the DAPA as “illegal” and attempts made towards adding a citizenship question to the 2020 census has been prevented by the courts. In 2018 the Trump administration introduced the “zero-tolerance policy” wherein authorities prosecuted anyone crossing the southern border without authorization. However, a plethora of democratic primaries have voiced against Trump’s administrative alteration to the existing immigration policies. While some have agreed to speak in favor of stripping criminal penalties for migrants, some have agreed helping central American countries with aid and government health insurance plans for undocumented immigrants.

The immigration debacle

The discourse over border security and immigration has been toxicated over the years because of the trend amongst politicians to prioritize politics over morality and principles. Americans have ended up finding themselves sandwiched between extremists on both sides.

The focal point of the debate in the beginning was however not whether immigration should be allowed or disallowed, but rather how the same can be ensured while preserving the American sovereignty and the rule of law. Few guiding principles might aid in the modulation of a beneficial schedule with regards to immigration policy. Firstly, any suggestions by Government should be perceived with respect and not skepticism, it should be remembered Government is nothing but an acolyte of the citizenry. Immigration in the US can be allowed only with the consent of the American populace. However, the consent should not be based upon the whims of individuals but on the laws of the country. Laws which are conducive towards immigrants, allowing them entrance pertaining to reasonable conditions as fellow residents. At the cost of granting citizenship to all and every destitute, homeless individual the national security and safety of the nation cannot be compromised. Only a disorderly and messy immigration system allows individuals to go on the backside of law, and exploit the openness, to put the nation’s security in jeopardy. Border security, particularly in times of such widespread terrorist insurgencies is important if not mandatory. Immigrants not concurring with the laws of the country cannot be attributed legal status, since doing the same would put individuals who obey the law and rules to jeopardy. As much as lawmakers are expected to respect the rule of law so are the immigrants.

On the basis of the above mentioned principles, it can be stated reforms in immigration should involve adapting to a merit-based system. Implementation of practices alike chain migration, arbitrary immigration caps, visa lottery for the illegal immigrants should be banned. Any loopholes hampering the administration of immigration laws, or legitimizing illegitimate asylum claimants to stay in the US indefinitely should be filled in. 

The Open Society Foundations aid organizations and individuals formulate a constructive immigration policy. Committees such as the International Rescue Committee allows emergency assistance and long-term, financial aid until the immigrants turn self-sufficient. The Detention Watch Network committee, is a collaboration of 94 members composed of formerly impeded people their families, community and groups grounded on faith and legal service providers. They are involved in awaring the vicinity of the illegality of U.S immigration detention and deportation system. Welcoming America an internationally acclaimed NGO with operations in over 115 communities across the US and aims upon negotiating and building bridges between newcomers and long time residents. The World Church Service created in the aftermath of WW2 operates with the objective of alleviating hunger, poverty reducing displacement and disaster. 

The issues with regards to immigration should be dealt singularly. They must be addressed in a fair, prudent and humane manner. The subject of immigration is far too important to be ignored or be influenced by partisan agendas. Focus should be fixated on what is best for the welfare of all US citizens in the short and long run.

Response of State and Local authorities

The response towards immigration and immigrants differs from one state to another. Whence California, is more liberal enabling undocumented immigrants to apply for drivers’ license, receive tuition scholarships and other benefits. Arizona have enacted laws allowing police to question people suspected with regards to their immigration status. 

Usually the federal government is obliged to implement laws relating to immigration, but some power is delegated to the local authorities as well. However, it is debatable to what extent state and local law enforcement officers are obliged to comply with the federal agents. As per data presented by the Legal Resource center, six hundred state and local jurisdictions have been found to be uncooperative with the federal agents.

President Trump whence decrying such local and state sanctuary jurisdictions throughout his campaign, had ratified an executive order, of reducing funding to such authorities. Additionally, he initiated a tendentious program termed Secure Committees, instructing state and local agents to scrutinize the passports of all immigrants and mention to the federal agencies the names of those immigrants found to be residing illegally. However, this initiative of Trump has been put to question in courts. Justice Department in 2018, pressed a lawsuit against the state of California, asserting several state laws have been found to be impeding federal immigration administrations. 

States have opined against Trump’s border security measures. A least five Governors have repudiated Trump’s initiative to locate National Guards to the Southern borders. It can therefore be perceived while some states have yet been unable to overcome their reservations concerning the immigrants to a holistic reorientation of the laws, policies and approach towards the immigrants is in order.

Bibliography

• https://www.cfr.org/backgrounder/us-immigration-debate-0
• https://www.heritage.org/immigration/heritage-explains/what-immigration-reform-should-look
• https://www.opensocietyfoundations.org/explainers/why-does-us-need-immigration-reform
• https://www.pewresearch.org/fact-tank/2019/06/17/key-findings-about-u-s-immigrants/
• https://www.theguardian.com/us-news/2019/dec/23/us-immigration-trump-asylum-seekers
• https://www.theguardian.com/us-news/2019/dec/20/immigration-remain-in-mexico-policy-border-migrants
• https://www.brookings.edu/policy2020/votervital/how-many-undocumented-immigrants-are-in-the-united-states-and-who-are-they/
• https://www.migrationpolicy.org/programs/data-hub/us-immigration-trends#history

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