Cameron Miranda
Central American immigrants are breaking a number of laws when entering the United States, including the 1986 Immigration Reform and Control Act (IRCA). Many Central American migrants are abducted or killed during their journey, and a 2015 estimate suggested that as many as 120,000 migrants had disappeared within Mexico in the previous ten years. While about one-third of Central American immigrants are naturalized U.S. citizens, many are also breaking the law.
| Characteristics | Values |
|---|---|
| Asylum seekers from Central America | Honduras, Guatemala, El Salvador |
| Asylum seekers from Central America who cite fear of violence in their applications | May not fit into the categories of "race, religion, nationality, membership in a particular social group, or political opinion" |
| Social media influencers | May be breaking the 1986 Immigration Reform and Control Act (IRCA) |
| Unqualified Mexican workers | Broke both US and Mexican law |
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What You'll Learn
The 1986 Immigration Reform and Control Act (IRCA)
Central Americans seeking asylum in the US are not breaking the law. Asylum law applies to those who have a well-founded fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion”. At times, US immigration judges have interpreted this law so as to grant asylum to Central American migrants who can demonstrate “a well-founded fear of persecution”.
However, some people are breaking the 1986 Immigration Reform and Control Act (IRCA) without knowing it. This has become especially common with the increase in social media influencers. Because they are doing something many do without pay and are travelling with no more equipment than many travellers do every day, they may not be aware that they are breaking the law.
The IRCA was controversial and had mixed results. While it did lead to a significant increase in border enforcement, it did not reduce illegal immigration as intended. In fact, the period after the IRCA was passed saw a massive spike in the migrant population in the US. Many Mexicans deemed unqualified for the program nonetheless immigrated illegally to the United States to work. In doing that, they broke both US and Mexican law. Many workers that took advantage of the program became illegal residents, as they still had incentives to stay in the US despite the fact that they were breaking the law.
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The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
Central Americans who cite fear of violence in their asylum applications are not making a baseless claim. Courts have found that, under the terms of U.S. asylum law, applicants fleeing gang violence and other threats qualify for protection. U.S. asylum law applies to those who have a well-founded fear of persecution “on account of race, religion, nationality, membership in a particular social group, or political opinion”. However, those fleeing generalized crime and violence in their home country do not easily fit into these categories. Nevertheless, U.S. immigration judges have sometimes interpreted this law so as to grant asylum to Central American migrants who can demonstrate “a well-founded fear of persecution” within the standards described above, or who qualify for protection under the UN Convention Against Torture.
The Trump administration has frequently argued that the increase in the number of families and children seeking asylum at the U.S.-Mexico border is a result of “loopholes” in U.S. immigration laws. This is a distortion of the reasons why an increased number of families and children are seeking protection in the United States, and is not an accurate characterisation of the U.S. asylum process. There has indeed been a sharp rise in asylum seekers from Central America’s Northern Triangle region (Honduras, Guatemala, and El Salvador). U.S. Citizenship and Immigration Services (USCIS) reports that more individuals from the Northern Triangle region sought affirmative asylum in the United States between 2013 to 2015 than in the previous 15 years combined.
Many Mexicans deemed unqualified for the U.S. immigration program nonetheless immigrated illegally to the United States to work. In doing that, they broke both U.S. and Mexican law. Many workers that took advantage of the program became illegal residents, as they still had incentives to stay in the U.S. despite the fact that they were breaking the law. The 1986 Immigration Reform and Control Act (IRCA) is another law that has been broken by illegal immigrants to the U.S.
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The bracero program
The program was designed to provide legal flows of qualified labourers to the U.S. However, many Mexicans deemed unqualified for the program immigrated illegally to the United States to work. In doing so, they broke both U.S. and Mexican law. Many workers that took advantage of the program became illegal residents, as they still had incentives to stay in the U.S. despite the fact that they were breaking the law.
Since the abolition of the Bracero Program, temporary agricultural workers have been admitted with H-2 and H-2A visas.
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Prostitution
Under US immigration law, a person involved in prostitution is deemed inadmissible under INA 212(a)(2)(D)(i). Inadmissibility is an immigration concept which means the person is prevented from being “lawfully admitted” into the United States. The Immigration and Nationality Act (INA) does not provide a single definition of "inadmissibility". Instead, it outlines various reasons why someone might be considered inadmissible in Section 212 of the INA. These reasons fall under broad categories like health, criminal activity, national security, and unlawful presence.
The INA requires that for someone to be considered a “prostitute” they must engage in “a regular pattern of behaviour or conduct”. The INA’s definition of prostitution requires sexual intercourse, whereas state convictions under statutes that require less conduct, such as oral sex, would not trigger the prostitution ground of inadmissibility.
P.C. § 647(b) is a California law which states that it is a misdemeanour for anyone 18 or older who engages in prostitution or solicitation. The following activities qualify as prostitution or solicitation: payment or acceptance of money or other consideration in exchange for a sexual act (“prostitution”), offer to engage in an act of prostitution ("solicitation"), or agreement to engage in an act of prostitution. Although solicitation or prostitution falls within the same penal code, they have completely different outcomes under immigration law.
Section 212(a)(2)(D)(ii) is a crucial federal law that states any alien (individuals who are not naturalized in the United States) who come to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status are inadmissible. Conviction of an aggravated felony can lead to deportation, removal, or inadmissibility to the United States. Specifically as it relates to prostitution, an offence relating to the owning, controlling, managing, or supervising of a prostitution business is an aggravated felony.
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Human trafficking
Children are one of the most vulnerable populations to trafficking due to their immaturity and the ease with which they can be overpowered. According to the UN Office on Drugs and Crime (UNODC), children account for three in every five victims of human trafficking, often backed by organised crime rings. Criminal gangs' main operation is illegal adoption, which they achieve through kidnapping and the involvement of government officials. Street and orphaned children are especially vulnerable to trafficking into the sex trade, while others must work under dangerous circumstances in the agricultural and mining industries.
Women are also vulnerable to human trafficking, with some being lured into the sex trade due to a lack of other means of support and the presence of dependents at home. Once involved, it is not easy to leave, as brothel owners may threaten violence or exposure. Traffickers may send women internally or internationally, and State Department officials have estimated that tens of thousands of Central Americans suffer from international trafficking each year.
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Frequently asked questions
Central American immigrants are breaking the 1986 Immigration Reform and Control Act (IRCA), Mexican law and US law.
The IRCA is a US law that was passed in 1986. It makes it illegal for people to enter the country without the proper documentation.
Many Central American immigrants travel through Mexico on their way to the US. Thousands are killed or maimed riding the roofs of cargo trains in Mexico, which is illegal.
Central American immigrants break US law by entering the country without the proper documentation.
The consequences of breaking these laws can be severe. Central American immigrants who are caught entering the US illegally may be detained and deported. They may also be separated from their families and face other challenges, such as language barriers and cultural differences.
