Understanding The History Of Immigration Laws And Their Evolution

Illegal immigration occurs when foreign nationals violate a country's immigration laws by entering unlawfully or by overstaying their visa. While the concept of illegal immigration is controversial, with critics arguing that the term illegal immigrants is pejorative, the laws surrounding immigration have evolved over time. In the US, the first laws were enacted shortly after independence from Britain and tended to favour Europeans. The landmark Immigration and Nationality Act of 1965 abolished the quota system and favoured family reunification and skilled immigrants. Today, illegal immigration remains a polarising issue, with critics citing concerns about crime, social and economic burdens, and proponents highlighting the positive impact on the economy and native welfare.

The history of illegal immigration in the US

The concept of "illegal" immigration to the US did not exist until the late 19th century. Before that, there were no federal laws governing who could enter the country and who couldn't. However, once the US Constitution became the law of the land, immigrants started flocking to the country, and anti-immigrant sentiment began to grow, particularly against those from Ireland and Catholic countries.

The first federal laws governing immigration were passed in 1875, banning criminals, people with contagious diseases, polygamists, anarchists, beggars, and importers of prostitutes. The Chinese Exclusion Act of 1882 banned almost all immigration from China, and the Immigration Act of the same year prohibited poor, mentally ill, or convicted people from entering the country.

The Immigration Act of 1917 banned immigration from the "Asiatic Barred Zone", which stretched from Afghanistan to Southeast Asia, and the Immigration Act of 1924 introduced numerical caps on immigration based on country of origin, giving preference to Northern and Western European immigrants. These quotas remained largely in place until the 1960s.

The Immigration and Nationality Act of 1965 abolished the quota system and created a new system favouring family reunification and skilled immigrants. Since then, immigration to the US has been dominated by people from Asia and Latin America.

In recent years, laws and presidential actions have been shaped by concerns about refugees, unauthorised immigration, and terrorism. The most recent major piece of legislation is the Deferred Action for Childhood Arrivals (DACA) programme, introduced by President Obama in 2012, which protects young adults who were brought to the country illegally from deportation and gives them permission to work.

The legal status of illegal immigrants

The legal status of "illegal immigrants" is a complex and evolving issue, with laws and perspectives varying over time.

Historical Context

The concept of "illegal immigration" is relatively modern, with no federal laws governing immigration to the United States until the late 19th century. Early legislation, such as the 1790 law, restricted citizenship to free whites of "good moral character" who had resided in the country for at least two years. The Chinese Exclusion Act of 1882 was the first federal law to restrict immigration, primarily targeting Chinese immigrants and fuelling anti-Chinese sentiment.

Shifting Policies

Over time, immigration policies have shifted, with the 1965 Immigration and Nationality Act being a pivotal moment. This act introduced a preference system that prioritized family reunification and skilled immigrants over country quotas, significantly impacting the source countries of immigrants. However, it also imposed the first limits on immigration from the Western Hemisphere, affecting Latin Americans.

Legal Status of Illegal Immigrants

Today, the legal status of illegal immigrants, or "undocumented immigrants," remains a complex issue. Undocumented immigrants are foreign-born individuals who lack valid visas or immigration documentation due to unauthorized entry, overstaying temporary visas, or violating the terms of their admission. While there is no comprehensive amnesty program currently in place, various laws and smaller programs offer paths to legal status for certain undocumented immigrants. These include:

• Marriage to a U.S. citizen or lawful permanent resident
• DREAMers Green Card through employment with LIFE Act Protection
• U Visa for victims of qualifying crimes
• Asylum status for those facing persecution in their home country
• Non-LPR Cancellation of Removal for long-term undocumented residents facing deportation

Ongoing Challenges

Despite these paths to legal status, challenges remain. Undocumented immigrants face the constant threat of deportation, family separation, financial disruptions, and stiff immigration penalties. Additionally, the process of obtaining legal status can be complex and costly, often requiring the assistance of an experienced immigration attorney.

In recent years, legislative changes and executive actions have reflected concerns about unauthorized immigration, border control, and national security, with varying levels of success and public support. The legal status of illegal immigrants continues to be a highly debated and evolving topic in U.S. politics and society.

The economic impact of illegal immigration

The concept of "illegal" immigration in the US is a relatively recent phenomenon. Until the late 19th century, there was no such thing as "illegal" or "legal" immigration to the United States. This changed with the Chinese Exclusion Act of 1882, which banned almost all immigration from China. The Immigration Act of 1882 also banned people who were poor, mentally ill, or convicted of crimes from entering the country.

• Labor Force and Entrepreneurship: Undocumented immigrants are a significant part of the US labor force, particularly in agriculture, construction, hospitality, and other essential industries. They often fill jobs that Americans are less interested in pursuing. For example, undocumented immigrants account for 25% of all farm workers and 17% of construction workers in the US. Despite facing obstacles, they also contribute to entrepreneurship, with nearly 10% of the working-age undocumented population starting their own businesses in 2014.
• Tax Contributions: Undocumented immigrants pay billions of dollars in taxes annually. In 2010, households headed by unauthorized immigrants paid $10.6 billion in state and local taxes. They contribute to programs like Medicare and Social Security, to which they are not eligible to receive benefits. Granting legal status to undocumented immigrants could further increase tax revenues.
• Economic Growth and Productivity: Legal status for undocumented immigrants could boost economic growth and productivity. It would allow them to pursue new job opportunities and increase their earnings, leading to higher consumer spending and tax revenue.
• Impact on Local Economies: Undocumented immigrants contribute to local economies, particularly in rural areas and agriculture. Removing protections for young immigrants, such as DACA recipients, could disrupt local communities, schools, and businesses that rely on their labor and purchasing power.
• Mass Deportation Costs: Enforcing mass deportation would have significant economic costs. It would reduce the US labor force and GDP, leading to a potential economic recession.
• Impact on Specific Industries: Industries such as agriculture, hospitality, and construction heavily rely on undocumented workers. A reduction in this workforce could disrupt these industries and impact the overall economy.

The social impact of illegal immigration

One of the primary social impacts of illegal immigration is the strain it places on government resources and public services. Illegal immigrants often rely on government-provided programs and services, including education, housing, and healthcare. This increases the burden on state and local governments, as they incur costs for providing these services without receiving sufficient tax revenues from illegal immigrants to offset the expenditures. However, it is important to note that research suggests that illegal immigrants contribute more in tax revenue than they collect and that they enhance the welfare of natives.

The presence of illegal immigrants in the United States has also had notable effects on the country's labour market and economy. They comprise a significant portion of the civilian workforce, particularly in low-wage, labour-intensive sectors such as construction, agriculture, and food services. Their willingness to accept lower wages and work in precarious conditions can exert downward pressure on wages and working conditions for all workers in these sectors, particularly those who are competing for similar jobs. However, economists generally believe that when averaged over the whole economy, the effect is a small net positive.

Another social impact of illegal immigration is the issue of family separation and reunification. Many immigrants leave their support systems and extended families behind, causing stress and financial difficulties if they cannot find stable employment. Additionally, the fear of deportation and the complexities of the legal system can create further challenges for family reunification. This can have significant psychological and emotional effects on both the immigrants themselves and their family members.

Furthermore, illegal immigration has had an impact on the political landscape of the United States. It has become a highly polarizing issue, with varying perspectives and proposed solutions across the political spectrum. Efforts to address illegal immigration through legislation and policy changes have often been contentious and have resulted in intense debates at the local, state, and federal levels.

The political impact of illegal immigration

The concept of "illegal" immigration in the United States only came about in the late 19th century, when the first federal laws were passed to govern who could enter the country. The Chinese Exclusion Act of 1882 was the first federal law to restrict immigration, banning almost all immigration from China.

Redistribution of Political Power

The presence of illegal immigrants can impact the distribution of political power, particularly in terms of representation in the House of Representatives and the Electoral College. Including illegal immigrants in the census count affects the apportionment of House seats and Electoral College votes by state. This can lead to a shift in power from states with primarily American citizens to states with larger numbers of illegal immigrants. For example, the inclusion of illegal immigrants in the 2020 census was estimated to result in the redistribution of three seats from Ohio, Alabama, and Minnesota to California, New York, and Texas.

Voting and Electoral Outcomes

Illegal immigration can also have an impact on voting and electoral outcomes, particularly in areas with high concentrations of non-citizens. The presence of non-citizens, including illegal immigrants, can dilute the voting power of citizens in those districts. This is because the number of representatives in the House remains the same, while the number of citizens who can vote is reduced. This can result in a lower number of votes required to win a House seat in districts with a large number of non-citizens. Additionally, the adult children of immigrants tend to favor liberal policies, voting for Democratic candidates by a margin of roughly two to one.

Policy-Making and Legislation

Illegal immigration has been a highly politicized issue, with varying stances across the political spectrum. It has been a key topic in election campaigns, with candidates making promises and proposing policies to address it. For example, in the 2016 presidential election, Donald Trump's hardline immigration pledges, such as building a border wall and deporting illegal aliens, gained him favor with the conservative base. On the other hand, more liberal or progressive politicians may advocate for amnesty programs or pathways to citizenship for illegal immigrants.

Shaping Immigration Laws and Policies

The presence of illegal immigration has influenced the development of immigration laws and policies over time. For instance, the Immigration Act of 1924 introduced numerical caps or quotas based on country origins, favoring immigrants from Northwestern Europe. In contrast, the Immigration and Nationality Act of 1965 shifted the focus to family reunification and attracting skilled immigrants, reducing the preference given to Northwestern European immigrants. More recently, concerns about illegal immigration and terrorism have led to laws emphasizing border control and stricter admissions eligibility.

Impact on Specific Political Parties

The impact of illegal immigration on political parties is nuanced. While the presence of non-citizens may benefit liberal or progressive parties due to the voting tendencies of immigrants and their adult children, it can also impact conservative-leaning areas. The inclusion of non-citizens in the census count and their concentration in specific districts can lead to a reduction in representation for conservative voters.

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