Cameron Miranda
The United States has seen a significant influx of immigrants over the years, with an estimated 17 million illegal immigrants currently residing in the country. This has led to increasing concerns about the impact on public funds, education, healthcare, and other services for Americans. To address these challenges, there have been calls for stricter immigration laws and enforcement to secure the nation's borders and protect American citizens. The Department of Homeland Security has announced its commitment to enforcing immigration laws, utilizing tools such as the Alien Registration Requirement (ARR) to track and manage the presence of aliens in the US. These measures aim to reduce the number of illegal aliens in the country and ensure national security while navigating the complexities of immigration policies and the welfare of those seeking a better life.
| Characteristics | Values |
|---|---|
| Aliens illegally present in the U.S. | 17 million |
| Encounters at the southern border in September | 269,735 |
| Encounters at the southern border in FY23 | 2.48 million |
| Aliens subject to removal proceedings | Criminal aliens, violent criminal aliens, removable aliens |
| Immigration laws | Immigration and Nationality Act, Secure the Border Act of 2023, Kate's Law, Border Crisis Prevention Act of 2023 |
| Immigration tools | Tracking tools, mass self-deportation, detention, removal |
| Registration requirements | Fingerprinting, evidence of registration, biographic information |
| Registration consequences | Criminal and civil penalties, fines, incarceration |
| Registration exemptions | Under 14 years old, waived fingerprinting |
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What You'll Learn
Stricter border control and enforcement
Another example is the Border Crisis Prevention Act of 2023, which imposes additional requirements on asylum seekers and extends time limits for detained non-US nationals. This legislation also enables the appointment of more immigration judges to address the current backlog of cases.
Some politicians, such as Congressman Doug Lamborn, have criticized the Biden administration for its handling of border security, arguing that the southern border has been neglected, leading to a surge in illegal immigration. Lamborn emphasizes the negative consequences of illegal immigration, including the strain on public funds, education, healthcare, housing, and natural resources.
To address these concerns, stricter border control measures are proposed as a deterrent to illegal entry, with the belief that increased security will hinder unauthorized crossings and reduce the number of illegal immigrants residing in the country. This approach aims to protect national security, public safety, and community resources by preventing the entry of individuals who may engage in criminal or hostile activities.
However, critics argue that stricter border control and enforcement can lead to the inhumane treatment of immigrants, refugees, and asylum seekers. The focus on border security may also divert attention and resources from addressing the root causes of migration and developing more humane and comprehensive immigration policies.
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Criminalisation and deportation
The United States has a history of criminalising immigration, with immigration laws enacted in 1996 creating double punishment for immigrants with criminal records. Sections 1325 and 1326 of the U.S. Code make it a federal crime to enter or re-enter the country without authorisation, with harsh penalties imposed on those entering the country. These laws have fuelled the mass incarceration of communities of colour, torn families apart, and caused severe harm to communities.
The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and the Antiterrorism and Effective Death Penalty Act (AEDPA) transformed immigration law in two ways. Firstly, the laws mandated the detention and deportation of non-citizens (including lawful permanent residents) convicted of an "aggravated felony". Secondly, the laws expanded the list of offences that qualify as "aggravated felonies" and applied this standard retroactively.
The Trump administration's policies have been criticised for their harsh treatment of immigrants, refugees, and asylum seekers, with migration-related offences being the most prosecuted federal crimes in the country. The Criminal Alien Program (CAP) has also been criticised for encouraging ethnic profiling and the arrest of Hispanics for petty offences.
To address these issues, the New Way Forward Act aims to separate immigration laws from the criminal legal system by repealing harsh and outdated immigration laws and disentangling local police from federal immigration. The Act also restores due process protections and judicial discretion, allowing immigration judges to consider individual circumstances before deportation.
In addition to federal laws, the Alien Registration Requirement (ARR) mandates that all aliens in the United States, with limited exceptions, must apply for registration and fingerprinting. Failure to comply can result in criminal and civil penalties, including misdemeanor prosecution, fines, and incarceration.
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Registration and fingerprinting
The Immigration and Nationality Act (INA) requires all aliens, with limited exceptions, to apply for registration and fingerprinting if they meet certain criteria. Firstly, if they were not registered and fingerprinted when applying for a U.S. visa, and secondly, if they remain in the United States for 30 days or longer for each period of stay. Parents and legal guardians of aliens under 14 must ensure their children are registered, and those who turn 14 must apply for re-registration and fingerprinting within 30 days. Aliens over the age of 18 must carry evidence of registration with them at all times.
The registration process involves filling out Form G-325R, Biographic Information (Registration), and providing fingerprints. The form includes personal details such as birthday, sex, and race. Once the form is processed, individuals can print their registration from their myUSCIS account and will receive a fingerprinting appointment.
The Secure Communities Program, instituted by the Immigration Customs and Enforcement agency (ICE) in 2007, is another measure that uses fingerprinting to identify and deport illegal aliens. Local police can run a fingerprint scan on anyone arrested who is suspected of being in the country illegally. The fingerprints are matched against federal immigration and criminal databases, which provide information on citizenship, contact with ICE, and criminal history. If an individual is found to be in the country illegally and has a criminal record, they become a candidate for immediate deportation.
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Denying access to welfare and public services
In the United States, noncitizens face significant restrictions on their access to federally funded public benefits. Unauthorized immigrants, in particular, are barred from receiving federal funds with very limited exceptions. The 1996 welfare law categorizes immigrants as either "qualified" or "not qualified" for benefits, but the law excluded many people in both groups from eligibility for many benefits.
The welfare law's definition of "federal public benefits" does not specify which programs are covered, leaving that clarification to each federal benefit-granting agency. The U.S. Department of Health and Human Services (HHS) has published a list of 31 programs that fall under the definition, including Medicaid, the Children's Health Insurance Program (CHIP), TANF, Foster Care, Adoption Assistance, the Child Care and Development Fund, and the Low-Income Home Energy Assistance Program.
Immigration laws allow officials to deny a noncitizen's application for lawful permanent residence or entry into the U.S. if they are deemed likely to become a "public charge." Officials consider an immigrant's health, age, income, resources, education, skills, family circumstances, and affidavit of support when making this determination.
Some programs that provide additional support, such as Medicare and Social Security, have eligibility requirements that naturally restrict immigrant access, such as requiring 40 quarters of qualified work (about 10 years) in addition to legal status. Unauthorized immigrants are generally ineligible for federally funded support except for emergency Medicaid, primary and preventive health care at Federally Qualified Health Centers (FQHCs), and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
The "public charge" rule, which dates back to 1882, can create negative immigration consequences for people deemed a public charge. After the Trump administration announced its intention to amend the rule to make certain immigrants ineligible for a green card if they had used public benefits, noncitizen participation in Medicaid and other public benefits programs declined. Despite the Biden administration's reversal of these changes, ongoing litigation and political rhetoric have led to persistent misinformation and confusion, with studies demonstrating immigrant families' avoidance of needed public benefits due to fear of consequences.
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Reducing exploitation of humanitarian parole programs
The Trump administration has been working to reduce the exploitation of humanitarian parole programs. This includes stopping the broad abuse of humanitarian parole authority by ending the Cuban, Haitian, Nicaraguan, and Venezuelan parole programs, and considering parole requests on a case-by-case basis.
The termination of these programs has been criticized by the International Rescue Committee (IRC), which argues that it will harm families, damage the economy, and push people into legal uncertainty. The IRC also notes that for many parolees, returning to their home countries is not a safe or viable option.
To address concerns about exploitation, the administration has emphasized fraud detection and deterrence, and introduced commonsense policy and operational solutions. For example, individuals requesting parole based on urgent humanitarian reasons or significant public benefit can now file Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records, online. This allows for efficient processing of requests and helps to prevent delays or rejections.
Additionally, the administration has returned to its historical policy of recognizing only two sexes, male and female, that are binary and biological. This is to protect the integrity of women's sports by ensuring that aliens compete only in sporting events for their biological sex.
By taking these comprehensive measures, the administration aims to reduce the exploitation of humanitarian parole programs while also addressing other vulnerabilities in immigration policies.
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Frequently asked questions
Increased immigration laws can help keep aliens out by strengthening national security, promoting accountability, and upholding the rule of law. For example, the Alien Registration Requirement (ARR) allows USCIS and other agencies to track the presence of aliens in the U.S., review their criminal records, and maintain awareness of their activities.
Failure to comply with the ARR may result in criminal and civil penalties, including misdemeanor prosecution, fines, and incarceration.
The Department of Homeland Security (DHS) has announced that it will fully enforce the Immigration and Nationality Act, which includes tracking illegal aliens and compelling them to leave the country voluntarily. The USCIS has also taken steps to reduce the exploitation of humanitarian parole programs and assist in identifying and removing illegal aliens.
