Immigration to the United States: Difference between revisions

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==Legal issues==
==Legal issues==
{{Main|Immigration policy of the United States}}

===Laws concerning immigration and naturalization===
<!--Laws concerning immigration and naturalization in the United States redirects here-->
[[File:US Permanent Resident Card 2010-05-11.JPG|thumb|right|A U.S. [[Permanent residence (United States)|green card]], a document confirming permanent resident status for eligible immigrants, including refugees, political asylum seekers, family-sponsored migrants, employment-based workers and diversity immigrants (DV).]]
[[File:US Permanent Resident Card 2010-05-11.JPG|thumb|right|A U.S. [[Permanent residence (United States)|green card]], a document confirming permanent resident status for eligible immigrants, including refugees, political asylum seekers, family-sponsored migrants, employment-based workers and diversity immigrants (DV).]]
Laws concerning immigration and naturalization include the [[Immigration Act of 1990]] (IMMACT), the [[Antiterrorism and Effective Death Penalty Act of 1996|Antiterrorism and Effective Death Penalty Act]] (AEDPA), the [[Illegal Immigration Reform and Immigrant Responsibility Act]] (IIRIRA), the [[Naturalization Act of 1790]], the [[Alien and Sedition Acts]] of 1798, the Chinese Exclusion Act of 1882, and the Johnson-Reed Act of 1924. AEDPA and IIRARA exemplify many categories of criminal activity for which immigrants, including [[United States Permanent Resident Card|green card]] holders, can be deported and have imposed [[mandatory detention]] for certain types of cases. The Johnson-Reed Act limited the number of immigrants and the Chinese Exclusion Act banned immigration from China altogether.<ref>{{Cite web|title=Chinese Exclusion Act|url=https://www.history.com/topics/immigration/chinese-exclusion-act-1882|website=History.com}}</ref><ref>{{Cite web|title=The Immigration Act of 1924 (The Johnson-Reed Act)|url=https://history.state.gov/milestones/1921-1936/immigration-act}}</ref>
{{See also|Illegal immigration to the United States|Guest Worker Program}}
Laws concerning immigration and naturalization include:
* the [[Immigration Act of 1990]] (IMMACT), which limits the annual number of immigrants to 700,000. It emphasizes that family reunification is the main immigration criterion, in addition to employment-related immigration.
* the [[Antiterrorism and Effective Death Penalty Act of 1996|Antiterrorism and Effective Death Penalty Act]] (AEDPA)
* the [[Illegal Immigration Reform and Immigrant Responsibility Act]] (IIRIRA)
*[[Naturalization Act of 1790|The Naturlization Act of 1790]]
*The [[Alien and Sedition Acts|Alien and Sedition Acts of 1798]]
*The Chinese Act of 1882, which banned the immigration of Chinese people.<ref>{{Cite web|title=Chinese Exclusion Act|url=https://www.history.com/topics/immigration/chinese-exclusion-act-1882|website=History.com}}</ref>
*The Johsnon-Reed Act of 1924 which limited the number of immigrants.<ref>{{Cite web|title=The Immigration Act of 1924 (The Johnson-Reed Act)|url=https://history.state.gov/milestones/1921-1936/immigration-act}}</ref>

AEDPA and IIRARA exemplify many categories of criminal activity for which immigrants, including [[United States Permanent Resident Card|green card]] holders, can be deported and have imposed [[mandatory detention]] for certain types of cases.

===Asylum for refugees===
{{Main|Asylum in the United States}}
[[File:Lotshampa refugees in Beldangi Camp.jpg|thumb|The U.S. offered to resettle 60,000 [[Bhutanese refugees]] of ethnic Nepalese descent. One depicted here with a [[Bhutanese passport]].<ref>{{cite news |url=http://www.cnn.com/2008/WORLD/asiapcf/03/25/bhutan.refugees/index.html |work=CNN |title=First of 60,000 refugees from Bhutan arrive in U.S |date=March 25, 2008 |url-status=live |archive-url=https://web.archive.org/web/20160303220943/http://www.cnn.com/2008/WORLD/asiapcf/03/25/bhutan.refugees/index.html |archive-date=March 3, 2016 }}</ref> |alt=A Bhutanese man standing next to several children is depicted showing the camera his passport.]]
In contrast to economic migrants, who generally do not gain legal admission, refugees, as defined by international law, can gain legal status through a process of seeking and receiving [[Right of asylum|asylum]], either by being designated a refugee while abroad, or by physically entering the United States and requesting asylum status thereafter. A specified number of [[refugee law|legally-defined]] refugees, who either apply for asylum overseas or after arriving in the U.S., are admitted annually.{{Quantify|date=July 2010}} Refugees compose about one-tenth of the total annual immigration to the United States, though some large refugee populations are very prominent.{{Citation needed|date=July 2010}} In 2014, the number of asylum seekers accepted into the U.S. was about 120,000. By comparison, about 31,000 were accepted in the UK and 13,500 in Canada.<ref>{{cite web| url=http://www.rcusa.org/uploads/pdfs/members/Asylum%20Levels%20and%20Trends%20in%20Industrialized%20Countries,%202014,%20UNHCR,%202015.pdf| work=UNHCR| title=Asylum Trends 2014| access-date=June 17, 2015| url-status=dead| archive-url=https://web.archive.org/web/20150622201314/http://www.rcusa.org/uploads/pdfs/members/Asylum%20Levels%20and%20Trends%20in%20Industrialized%20Countries%2C%202014%2C%20UNHCR%2C%202015.pdf| archive-date=June 22, 2015| df=mdy-all}}</ref>

Since 1975, more than 1.3 million refugees from [[Asia]] have been resettled in the United States.<ref>{{cite web|title=Refugee Admissions Program for East Asia |url=https://www.state.gov/documents/organization/163081.pdf |publisher=Bureau of Population, Refugees and Migration |access-date=March 16, 2015 |url-status=dead |archive-url=https://web.archive.org/web/20110528143813/http://www.state.gov/documents/organization/163081.pdf |archive-date=May 28, 2011 }}</ref> Since 2000 the main refugee-sending regions have been Somalia, Liberia, Sudan, and Ethiopia.<ref name="ilw"/> The limit for refugee resettlement for fiscal year 2008 was 80,000 refugees. The United States expected to admit a minimum of 17,000 Iraqi refugees during fiscal year 2009.<ref name="refugeesinternational"/> The U.S. has resettled more than 42,000 [[Bhutanese refugees]] from Nepal since 2008.<ref>"[http://www.unhcr.org/4e4bea789.html Resettlement programme for refugees from Bhutan passes 50,000 mark] {{webarchive|url=https://web.archive.org/web/20160305073346/http://www.unhcr.org/4e4bea789.html |date=March 5, 2016 }}". UNHCR. August 17, 2011</ref>

In fiscal year 2008, the Office of Refugee Resettlement (ORR) appropriated over $655 million for long-term services provided to refugees after their arrival in the US.<ref name="hhs"/> The Obama administration has kept to about the same level.<ref>{{cite book |first=David W. |last=Haines |title=Safe Haven?: A History of Refugees in America |publisher=Kumarian Press |year=2010 |page=177 |isbn=978-1-56549-394-0 }}</ref>

A common problem in the current system for asylum seekers is the lack of resources. Asylum offices in the United States receive more applications for asylum than they can process every month and every year. These continuous applications cause a significant backlog.<ref>{{Cite news|url=http://thehill.com/opinion/immigration/372577-new-immigration-policy-leaves-asylum-seekers-in-the-lurch|title=New immigration policy leaves asylum seekers in the lurch|last=Rupp|first=Kelsey|date=February 6, 2018|work=TheHill|access-date=May 5, 2018|language=en}}</ref>

The U.S. plans to resettle up to 30,000 Afghan [[Special Immigrant Visa|SIV applicants]] into the United States.<ref>{{cite news |title=UK to take 20,000 Afghan refugees over five years under resettlement plan |url=https://www.theguardian.com/world/2021/aug/17/uk-to-take-20000-afghan-refugees-over-five-years-under-resettlement-plan |work=The Guardian |date=August 17, 2021}}</ref>

===Miscellaneous documented immigration===
In [[removal proceedings]] in front of an [[immigration judge]], [[cancellation of removal]] is a form of relief that is available for certain long-time residents of the United States.<ref>{{cite book |first=Edwin T. |last=Gania |title=U.S. Immigration Step by Step |publisher=Sphinx |year=2004 |page=65 |isbn=978-1-57248-387-3 }}</ref> It allows a person being faced with the threat of removal to obtain permanent residence if that person has been physically present in the U.S. for at least ten years, has had good moral character during that period, has not been convicted of certain crimes, and can show that removal would result in exceptional and extremely unusual hardship to their U.S. citizen or permanent resident spouse, children, or parent. This form of relief is only available when a person is served with a Notice to Appear to appear in the proceedings in the court.<ref>Immigration and Nationality Act, Section 240A [http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6337.html online] {{webarchive|url=https://web.archive.org/web/20131124114233/http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6337.html |date=November 24, 2013 }}</ref><ref>Ivan Vasic, ''The Immigration Handbook'' (2008) p. 140</ref>

Members of Congress may submit [[private bill]]s granting residency to specific named individuals. A special committee{{which|date=July 2013}} vets the requests, which require extensive documentation. The [[Central Intelligence Agency]] has the statutory authority to admit up to one hundred people a year outside of normal immigration procedures, and to provide for their settlement and support. The program is called "PL110", named after the legislation that created the agency, [[Public Law 110]], the [[Central Intelligence Agency Act]].

===Illegal immigration===
{{Main|Illegal immigration to the United States|Illegal immigrant population of the United States}}

The [[illegal immigrant population of the United States]] is estimated to be between 11 and 12 million.<ref name="Sherman">{{Cite news|last=Sherman|first=Amy|url=http://www.politifact.com/florida/statements/2015/jul/28/donald-trump/donald-trump-says-number-illegal-immigrants-30-mil/|title=Donald Trump wrongly says the number of illegal immigrants is 30 million or higher|newspaper=PolitiFact|date=July 28, 2015|language=en|url-status=live|archive-url=https://web.archive.org/web/20161117020559/http://www.politifact.com/florida/statements/2015/jul/28/donald-trump/donald-trump-says-number-illegal-immigrants-30-mil/|archive-date=November 17, 2016}}</ref> The population of unauthorized immigrants peaked in 2007 and has declined since that time.<ref name="Sherman"/> The majority of the U.S. unauthorized immigrants are from Mexico, but "their numbers (and share of the total) have been declining" and as of 2016 Mexicans no longer make up a clear majority of unauthorized immigrants, as they did in the past.<ref name="KrogstafFiveFacts2017">Jens Manuel Krogstaf, Jeffrey S. PAssel & D'Vera Cohn, [http://www.pewresearch.org/fact-tank/2017/04/27/5-facts-about-illegal-immigration-in-the-u-s/ 5 facts about illegal immigration in the U.S.] {{webarchive|url=https://web.archive.org/web/20170428135213/http://www.pewresearch.org/fact-tank/2017/04/27/5-facts-about-illegal-immigration-in-the-u-s/ |date=April 28, 2017 }}, Pew Research Center (April 27, 2017).</ref> Unauthorized immigrants made up about 5% of the total U.S. civilian labor force in 2014.<ref name="KrogstafFiveFacts2017"/> By the 2010s, an increasing share of U.S. unauthorized immigrants were long-term residents; in 2015, 66% of adult unauthorized residents had lived in the country for at least ten years, while only 14% had lived in the U.S. for less than five years.<ref name="KrogstafFiveFacts2017"/>

In June 2012, President Obama issued a memorandum instructing officers of the federal government to defer deporting young undocumented immigrants who were brought to the U.S. as children as part of the [[Deferred Action for Childhood Arrivals]] (DACA) program. Under the program, eligible recipients who applied and were granted DACA status were granted a two-year deferral from deportation and temporary eligibility to work legally in the country.<ref name="Hipsman2016">Faye Hipsman, Bárbara Gómez-Aguiñaga, & Randy Capps, [http://www.migrationpolicy.org/sites/default/files/publications/DACAatFour-FINAL.pdf Policy Brief: DACA at Four: Participation in the Deferred Action Program and Impacts on Recipients] {{webarchive|url=https://web.archive.org/web/20170525112538/http://www.migrationpolicy.org/sites/default/files/publications/DACAatFour-FINAL.pdf |date=May 25, 2017 }}, Migration Policy Institute (August 2016).</ref> Among other criteria, to be eligible a youth applicant must (1) be between age 15 and 31; (2) have come to the United States before the age of 16; (3) have lived in the U.S. continuously for at least five years; (4) be a current student, or have earned a high school diploma or [[General Educational Development|equivalent]], or have received an [[honorable discharge]] from the U.S. armed services; and (5) must not "have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and [does] not otherwise pose a threat to public safety or national security".<ref>Jeanne Batalova, Sarah Hooker & Randy Capps, [http://www.migrationpolicy.org/sites/default/files/publications/DACA-Report-2014-FINALWEB.pdf DACA at the Two-Year Mark: A National and State Profile of Youth Eligible and Applying for Deferred Action] {{webarchive|url=https://web.archive.org/web/20170525112549/http://www.migrationpolicy.org/sites/default/files/publications/DACA-Report-2014-FINALWEB.pdf |date=May 25, 2017 }}, Migration Policy Institute (August 2014), p. 3.</ref> The Migration Policy Institution estimated that as of 2016, about 1.3 million unauthorized young adults ages 15 and older were "immediately eligible for DACA"; of this eligible population, 63% had applied as of March 2016.<ref name="Hipsman2016"/>

Children of legal migrants will not qualify as Dreamers under DACA protection because they entered the country legally.<ref>{{cite web|url=https://qz.com/1202486/h1b-j-and-o-visas-children-of-skilled-indian-workers-are-trapped-in-a-us-green-card-backlog/|title=A contradiction in US policy is putting children of skilled professionals at risk of deportation|first=Annalisa|last=Merelli}}</ref> This is highlighted as the biggest contradiction in US immigration policy by many advocates of legal immigrants.

In 2014, President Obama announced a [[Immigration reform#Obama's executive actions of November 2014|set of executive actions]], the [[Deferred Action for Parents of Americans and Lawful Permanent Residents]]. Under this program, "unauthorized immigrants who are parents of U.S. citizens or lawful permanent residents (LPRs) would qualify for deferred action for three years if they meet certain other requirements".<ref name="MPIDAPAFeb2016">Randy Capps, Heather Koball, James D. Bachmeier, Ariel G. Ruiz Soto, Jie Zong & Julia Gelatt, [http://www.migrationpolicy.org/research/deferred-action-unauthorized-immigrant-parents-analysis-dapas-potential-effects-families Deferred Action for Unauthorized Immigrant Parents: Analysis of DAPA's Potential Effects on Families and Children] {{webarchive|url=https://web.archive.org/web/20170428142522/http://www.migrationpolicy.org/research/deferred-action-unauthorized-immigrant-parents-analysis-dapas-potential-effects-families |date=April 28, 2017 }} (February 2016), Migration Policy Institute.</ref> A February 2016 Migration Policy Institute/[[Urban Institute]] report found that about 3.6 million people were potentially eligible for DAPA and "more than 10 million people live in households with at least one potentially DAPA-eligible adult, including some 4.3 million children under age 18{{Snd}}an estimated 85 percent of whom are U.S. citizens".<ref name="MPIDAPAFeb2016"/> The report also found that "the potentially DAPA eligible are well settled with strong U.S. roots, with 69 percent having lived in the United States ten years or more, and 25 percent at least 20 years".<ref name="MPIDAPAFeb2016"/>

Although not without precedent under prior presidents,<ref>Julie Hirschfeld Davis, [https://www.nytimes.com/2014/11/21/us/politics/obamas-immigration-decision-has-precedents-but-may-set-a-new-one.html "Obama's Immigration Decision Has Precedents, but May Set a New One] {{webarchive|url=https://web.archive.org/web/20170120091650/https://www.nytimes.com/2014/11/21/us/politics/obamas-immigration-decision-has-precedents-but-may-set-a-new-one.html |date=January 20, 2017 }}, ''New York Times'' (November 20, 2014).</ref> President Obama's authority to create DAPA and expand DACA were challenged in the federal courts by Texas and 25 other states.<ref name="MPIDAPAFeb2016"/> In November 2015, the [[U.S. Court of Appeals for the Fifth Circuit]], in a 2–1 decision in ''[[United States v. Texas]]'', upheld a preliminary injunction blocking the programs from going forward.<ref>{{cite court |litigants=State of Texas v. United States|vol=809 |reporter=F.3d|opinion=134|pinpoint= |court=5th Cir.|date=2015|url=http://www.scotusblog.com/wp-content/uploads/2015/11/15-40238-CV0.pdf}}</ref><ref>Matt Ford, [https://www.theatlantic.com/politics/archive/2015/11/fifth-circuit-obama-immigration/415077/ A Ruling Against the Obama Administration on Immigration] {{webarchive|url=https://web.archive.org/web/20151112062956/http://www.theatlantic.com/politics/archive/2015/11/fifth-circuit-obama-immigration/415077/ |date=November 12, 2015 }}, ''The Atlantic'' (November 10, 2015).</ref> The case was heard by the [[U.S. Supreme Court]], which in June 2016 deadlocked 4–4, thus affirming the ruling of the Fifth Circuit but setting no nationally-binding precedent.<ref>Adam Liptak & Michael D. Shear, [https://www.nytimes.com/2016/06/24/us/supreme-court-immigration-obama-dapa.html Supreme Court Tie Blocks Obama Immigration Plan] {{webarchive|url=https://web.archive.org/web/20160625011203/http://www.nytimes.com/2016/06/24/us/supreme-court-immigration-obama-dapa.html |date=June 25, 2016 }}, ''New York Times'' (June 23, 2016).</ref><ref>{{cite court |litigants=United States v. Texas|vol=136|reporter=S. Ct.|opinion=906|pinpoint= |court=U.S.|date=2016 (per curiam)|url=https://scholar.google.com/scholar_case?case=9830266283753068292}}</ref>

===Military immigration===
On November 15, 2013, the United States Citizenship and Immigration Services announced that they would be issuing a new policy memorandum called "parole in place".<ref>{{cite web| title=Policy Memorandum| url=http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf| date=November 15, 2013| access-date=June 2, 2015| url-status=live| archive-url=https://web.archive.org/web/20150219060835/http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf| archive-date=February 19, 2015| df=mdy-all}}</ref> Parole in place would offer green cards to immigrant parents, spouses and children of active military duty personnel. Prior to this law, relatives of military personnel{{Snd}}excluding husbands and wives{{Snd}}were forced to leave the United States and apply for green cards in their home countries. The law allows for family members to avoid the possible ten-year bar from the United States and remain in the United States while applying for lawful permanent residence.<ref name="YorkParoleInPlace">{{cite web |last=York |first=Harlan |title="Parole in Place" for Immigrant Relatives of Military-What To Know |url=https://immigrationlawnj.com/new-rule-legalize-immigrant-relatives-military/ |date=November 15, 2013 |access-date=June 4, 2015 |url-status=live |archive-url=https://web.archive.org/web/20150614105236/https://immigrationlawnj.com/new-rule-legalize-immigrant-relatives-military/ |archive-date=June 14, 2015 }}</ref> The parole status, given in one year terms, will be subject to the family member being "absent a criminal conviction or other serious adverse factors".<ref name="YorkParoleInPlace" />

Military children born in foreign countries are considered American from birth, assuming both parents were American citizens at the time of birth. Children born to American citizens will have to process Conciliary Reports of Birth Abroad. This report of birth abroad is the equivalent of a birth certificate and the child will use the report in place of a birth certificate for documentation. However, children born in foreign countries to United States servicemembers before they have gained citizenship could only gain citizenship through the naturalization process.

===Treatment as civil proceedings===

Most immigration proceedings are [[Civil law (common law)|civil matters]], including deportation proceedings, asylum cases, employment without authorization, and visa overstay. People who evade border enforcement (such as by crossing outside any official border checkpoint), who commit fraud to gain entry, or who commit [[identity theft]] to gain employment, may face criminal charges. People entering illegally were seldom charged with this crime until [[Operation Streamline]] in 2005. Conviction of this crime generally leads to a prison term, after which the person is deported if they are not eligible to remain in the country.

The guarantees under the [[Sixth Amendment to the United States Constitution]], such as the [[right to counsel]], and the right to a [[jury trial]], have not been held to apply to civil immigration proceedings. As a result, people generally represent themselves in asylum and deportation cases unless they can afford an [[immigration lawyer]] or receive assistance from a legal charity. In contrast, the [[Due Process Clause]] of the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] has been applied to immigration proceedings.<ref>{{cite web |title=Aliens' Right to Counsel in Removal Proceedings: In Brief |url=http://trac.syr.edu/immigration/library/P11612.pdf |publisher=Congressional Research Service |author=Kate M. Manuel |date=March 17, 2016}}</ref> Because the [[right to confrontation]] in the Sixth Amendment does not apply, people can be ordered deported ''[[Trial in absentia|in absentia]]''{{Snd}}without being present at the immigration proceeding.<ref name="cnnGrievance">{{cite web| url = https://www.cnn.com/2018/08/08/politics/immigration-judges-justice-department-grievance/index.html| title = Immigration judge removed from cases after perceived criticism of Sessions| website = [[CNN]]| date = August 8, 2018}}</ref>


Refugees are able to gain legal status in the United States through [[Asylum in the United States|asylum]], and a specified number of [[refugee law|legally-defined]] refugees, who either apply for asylum overseas or after arriving in the U.S., are admitted annually.{{Quantify|date=July 2010}}{{Citation needed|date=May 2022}} In 2014, the number of asylum seekers accepted into the U.S. was about 120,000. By comparison, about 31,000 were accepted in the UK and 13,500 in Canada.<ref>{{cite web |title=Asylum Trends 2014 |url=http://www.rcusa.org/uploads/pdfs/members/Asylum%20Levels%20and%20Trends%20in%20Industrialized%20Countries,%202014,%20UNHCR,%202015.pdf |url-status=dead |archive-url=https://web.archive.org/web/20150622201314/http://www.rcusa.org/uploads/pdfs/members/Asylum%20Levels%20and%20Trends%20in%20Industrialized%20Countries%2C%202014%2C%20UNHCR%2C%202015.pdf |archive-date=June 22, 2015 |access-date=June 17, 2015 |work=UNHCR |df=mdy-all}}</ref> Asylum offices in the United States receive more applications for asylum than they can process every month and every year, and these continuous applications cause a significant backlog.<ref>{{Cite news |last=Rupp |first=Kelsey |date=February 6, 2018 |title=New immigration policy leaves asylum seekers in the lurch |language=en |work=TheHill |url=http://thehill.com/opinion/immigration/372577-new-immigration-policy-leaves-asylum-seekers-in-the-lurch |access-date=May 5, 2018}}</ref>
[[Removal proceedings]] are considered [[administrative proceeding]]s under the authority of the [[United States Attorney General]], acting through the [[Executive Office for Immigration Review]], part of the [[United States Justice Department|Justice Department]]. Immigration judges are employees of the Justice Department, and thus part of the [[executive branch]] rather than the [[judicial branch]] of government. Appeals are heard within the EOIR by the [[Board of Immigration Appeals]], and the Attorney General may intervene in individual cases, within the bounds of due process.<ref name="cnnGrievance" />


[[Removal proceedings]] are considered [[administrative proceeding]]s under the authority of the [[United States Attorney General]], and thus part of the [[executive branch]] rather than the [[judicial branch]] of government.<ref name="cnnGrievance" /> in [[removal proceedings]] in front of an [[immigration judge]], [[cancellation of removal]] is a form of relief that is available for some long-time residents of the United States.<ref>{{cite book |first=Edwin T. |last=Gania |title=U.S. Immigration Step by Step |publisher=Sphinx |year=2004 |page=65 |isbn=978-1-57248-387-3 }}</ref> Eligibility may depend on time spent in the United States, criminal record, or family in the country.<ref>Immigration and Nationality Act, Section 240A [http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6337.html online] {{webarchive|url=https://web.archive.org/web/20131124114233/http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-6337.html |date=November 24, 2013 }}</ref><ref>Ivan Vasic, ''The Immigration Handbook'' (2008) p. 140</ref> Members of Congress may submit [[private bill]]s granting residency to specific named individuals.{{Citation needed|date=May 2022}} The United States allows immigrant relatives of active duty military personnel to reside in the United States through a green card.<ref>{{cite web |date=November 15, 2013 |title=Policy Memorandum |url=http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf |url-status=live |archive-url=https://web.archive.org/web/20150219060835/http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf |archive-date=February 19, 2015 |access-date=June 2, 2015 |df=mdy-all}}</ref><ref name="YorkParoleInPlace">{{cite web |last=York |first=Harlan |date=November 15, 2013 |title="Parole in Place" for Immigrant Relatives of Military-What To Know |url=https://immigrationlawnj.com/new-rule-legalize-immigrant-relatives-military/ |url-status=live |archive-url=https://web.archive.org/web/20150614105236/https://immigrationlawnj.com/new-rule-legalize-immigrant-relatives-military/ |archive-date=June 14, 2015 |access-date=June 4, 2015}}</ref>
After various actions by Attorney General [[Jeff Sessions]] pressuring judges to speed up deportations, the National Association of Immigration Judges and ''[[The Boston Globe]]'' editorial board called for moving immigration courts to the judicial branch, to prevent abuse by strengthening [[separation of powers]].<ref>{{cite web| url = https://psmag.com/social-justice/immigration-court-judges-doubt-sessions-backlog-busting-plan| title = Immigration Court Judges Are Skeptical of Jeff Sessions' Backlog-Busting Plan}}</ref><ref>{{cite news |url=https://www.bostonglobe.com/opinion/editorials/2018/09/21/fire-jeff-sessions-boss-immigration-judges/KvUfiAtPSn5twNbju55i8L/story.html |title=Fire Jeff Sessions ... as the boss of immigration judges |author=Boston Globe editorial board |date=September 21, 2018}}</ref>


As of 2015, there are estimated to be [[Undocumented immigrant population of the United States|11 to 12 million unauthorized immigrants]] in the United States, making up about 5% of the civilian labor force.<ref name="Sherman">{{Cite news|last=Sherman|first=Amy|url=http://www.politifact.com/florida/statements/2015/jul/28/donald-trump/donald-trump-says-number-illegal-immigrants-30-mil/|title=Donald Trump wrongly says the number of illegal immigrants is 30 million or higher|newspaper=PolitiFact|date=July 28, 2015|language=en|url-status=live|archive-url=https://web.archive.org/web/20161117020559/http://www.politifact.com/florida/statements/2015/jul/28/donald-trump/donald-trump-says-number-illegal-immigrants-30-mil/|archive-date=November 17, 2016}}</ref><ref name="KrogstafFiveFacts2017">Jens Manuel Krogstaf, Jeffrey S. PAssel & D'Vera Cohn, [http://www.pewresearch.org/fact-tank/2017/04/27/5-facts-about-illegal-immigration-in-the-u-s/ 5 facts about illegal immigration in the U.S.] {{webarchive|url=https://web.archive.org/web/20170428135213/http://www.pewresearch.org/fact-tank/2017/04/27/5-facts-about-illegal-immigration-in-the-u-s/|date=April 28, 2017}}, Pew Research Center (April 27, 2017).</ref> Under the [[Deferred Action for Childhood Arrivals]] (DACA) program, unauthorized immigrants that arrived as children were granted exemptions to immigration law.<ref name="Hipsman2016">Faye Hipsman, Bárbara Gómez-Aguiñaga, & Randy Capps, [http://www.migrationpolicy.org/sites/default/files/publications/DACAatFour-FINAL.pdf Policy Brief: DACA at Four: Participation in the Deferred Action Program and Impacts on Recipients] {{webarchive|url=https://web.archive.org/web/20170525112538/http://www.migrationpolicy.org/sites/default/files/publications/DACAatFour-FINAL.pdf |date=May 25, 2017 }}, Migration Policy Institute (August 2016).</ref>
===Detention policy===
{{main|Immigration detention in the United States}}
Whether people who are awaiting a decision on their deportation are detained or released to live in the United States in the meantime (possibly paying [[bail]]) is a matter of both law and discretion of the Justice Department. The policy has varied over time and differs for those with crimes (including entry outside an official checkpoint) versus civil infractions.


Most immigration proceedings are [[Civil law (common law)|civil matters]], though criminal charges are applicable when evading border enforcement, committing fraud to gain entry, or committing [[identity theft]] to gain employment. Due process protections under the [[Fifth Amendment to the United States Constitution]] have been found to apply to immigration proceedings, but those of the [[Sixth Amendment to the United States Constitution]] have not due to their nature as civil matters.<ref>{{cite web |title=Aliens' Right to Counsel in Removal Proceedings: In Brief |url=http://trac.syr.edu/immigration/library/P11612.pdf |publisher=Congressional Research Service |author=Kate M. Manuel |date=March 17, 2016}}</ref><ref name="cnnGrievance">{{cite web| url = https://www.cnn.com/2018/08/08/politics/immigration-judges-justice-department-grievance/index.html| title = Immigration judge removed from cases after perceived criticism of Sessions| website = [[CNN]]| date = August 8, 2018}}</ref>
The 2001 Supreme Court case ''[[Zadvydas v. Davis]]'' held that immigrants who cannot be deported because no country will accept them cannot be detained indefinitely.


==Immigration in popular culture==
==Immigration in popular culture==

Revision as of 15:46, 9 May 2022

Naturalization ceremony at Oakton High School in Fairfax County, Virginia, December 2015.
Immigrants to the United States take the Oath of Allegiance at a naturalization ceremony at the Grand Canyon National Park in Arizona, September 2010.
Population growth rate with and without migration in the U.S.

Immigration has been a major source of population growth and cultural change throughout much of United States history. All Americans, except for Native Americans, can trace their ancestry to immigrants from other nations around the world. In absolute numbers, the United States has a larger immigrant population than any other country, with 47 million immigrants as of 2015.[1] This represents 19.1% of the 244 million international migrants worldwide, and 14.4% of the United States population. Some other countries have larger proportions of immigrants, such as Australia with 30%[2] and Canada with 21.9%.[3]

According to the 2016 Yearbook of Immigration Statistics, the United States admitted a total of 1.18 million legal immigrants (618k new arrivals, 565k status adjustments) in 2016.[4] Of these, 48% were the immediate relatives of United States citizens, 20% were family-sponsored, 13% were refugees or asylum seekers, 12% were employment-based preferences, 4.2% were part of the Diversity Immigrant Visa program, 1.4% were victims of a crime (U1) or their family members were (U2 to U5),[5] and 1.0% who were granted the Special Immigrant Visa (SIV) for Iraqis and Afghans employed by the United States Government.[4] The remaining 0.4% included small numbers from several other categories, including 0.2% who were granted suspension of deportation as an immediate relative of a citizen (Z13);[6] persons admitted under the Nicaraguan and Central American Relief Act; children born after the issuance of a parent's visa; and certain parolees from the former Soviet Union, Cambodia, Laos, and Vietnam who were denied refugee status.[4]

Between 1921 and 1965, policies such as the national origins formula limited immigration and naturalization opportunities for people from areas outside Western Europe. Exclusion laws enacted as early as the 1880s generally prohibited or severely restricted immigration from Asia, and quota laws enacted in the 1920s curtailed Eastern European immigration. The civil rights movement led to the replacement[7] of these ethnic quotas with per-country limits for family-sponsored and employment-based preference visas.[8] Since then, the number of first-generation immigrants living in the United States has quadrupled.[9][10] The total immigrant population has stalled in recent years, especially since the election of Donald Trump and the Covid-19 pandemic. Census estimates show 45.3 million foreign born residents in March 2018 and 45.4 million in September 2021; the lowest 3 year increase in decades.[11]

Research suggests that immigration to the United States is beneficial to the United States economy. With few exceptions, the evidence suggests that on average, immigration has positive economic effects on the native population, but it is mixed as to whether low-skilled immigration adversely affects low-skilled natives. Studies also show that immigrants have lower crime rates than natives in the United States.[12][13][14] The economic, social, and political aspects of immigration have caused controversy regarding such issues as maintaining ethnic homogeneity, workers for employers versus jobs for non-immigrants, settlement patterns, impact on upward social mobility, crime, and voting behavior.

History

Immigrants on ocean steamer passing the Statue of Liberty, New York City, 1887

American immigration history can be viewed in four epochs: the colonial period, the mid-19th century, the start of the 20th century, and post-1965. Each period brought distinct national groups, races and ethnicities to the United States.

Colonial period

During the 17th century, approximately 400,000 English people migrated to Colonial America.[15] However, only half stayed permanently. They comprised 85–90% of white immigrants. From 1700 to 1775, between 350,000 and 500,000 Europeans immigrated: estimates vary in sources. Only 52,000 English reportedly immigrated in the period 1701 to 1775,[16] a figure questioned as too low.[17] 400,000–450,000 were Scots, Scots-Irish from Ulster, Germans, Swiss, French Huguenots, and 300,000 involuntarily transported Africans.[18] Over half of all European immigrants to Colonial America during the 17th and 18th centuries arrived as indentured servants.[19] They numbered 350,000.[20] From 1770 to 1775 (the latter year being when the American Revolutionary War began), 7,000 English, 15,000 Scots, 13,200 Scots-Irish, 5,200 Germans, and 3,900 Irish Catholics arrived.[21] Fully half of the English immigrants were young, single men who were well-skilled, trained artisans, like the Huguenots.[22] The European populations of the Middle Colonies of New York, New Jersey, Pennsylvania, and Delaware were ethnically very mixed, the English constituting only 30% in Pennsylvania, 40–45% in New Jersey, to 18% in New York.[23]

Historians estimate that fewer than one million immigrants moved to the United States from Europe between 1600 and 1799.[24] By comparison, in the first federal census, in 1790, the population of the United States was enumerated to be 3,929,214.[25]

Early United States era

The Naturalization Act of 1790 limited naturalization to "free white persons"; it was expanded to include black people in the 1860s and Asian people in the 1950s.[26] This made the United States an outlier, since laws that made racial distinctions were uncommon in the world in the 18th century.[27]

In the early years of the United States, immigration (not counting the enslaved, who were treated as merchandise rather than people) was fewer than 8,000 people a year,[28] including French refugees from the slave revolt in Haiti. Legal importation of enslaved African was prohibited after 1808, though many were smuggled in to sell. After 1820, immigration gradually increased. From 1836 to 1914, over 30 million Europeans migrated to the United States.[29] The death rate on these transatlantic voyages was high, during which one in seven travelers died.[30] In 1875, the nation passed its first immigration law, the Page Act of 1875.[31]

Immigrants arriving at Ellis Island, 1902

After an initial wave of immigration from China following the California Gold Rush, Congress passed a series of laws culminating in the Chinese Exclusion Act of 1882, banning virtually all immigration from China until the law's repeal in 1943. In the late 1800s, immigration from other Asian countries, especially to the West Coast, became more common.

20th century

The peak year of European immigration was in 1907, when 1,285,349 persons entered the country.[32] By 1910, 13.5 million immigrants were living in the United States.[33]

While the Chinese Exclusion Act of 1882 had already excluded immigrants from China, the immigration of people from Asian countries in addition to China was banned by the Immigration Act of 1917, also known as the Asiatic Barred Zone Act, which also banned homosexuals, people with intellectual disability, and people with an anarchist worldview.[34] The Emergency Quota Act was enacted in 1921, followed by the Immigration Act of 1924. The 1924 Act was aimed at further restricting immigrants from Southern and Eastern Europe, particularly Jewish, Italian, and Slavic people, who had begun to enter the country in large numbers beginning in the 1890s, and consolidated the prohibition of Asian immigration.[35]

Several Polish immigrant workers, some of which are children, are seen standing in their fields after picking berries.
Polish immigrants working on the farm, 1909. The welfare system was practically non-existent before the 1930s and the economic pressures on the poor were giving rise to child labor.

Immigration patterns of the 1930s were affected by the Great Depression. In the final prosperous year, 1929, there were 279,678 immigrants recorded,[36] but in 1933, only 23,068 moved to the U.S.[24] In the early 1930s, more people emigrated from the United States than to it.[37] The U.S. government sponsored a Mexican Repatriation program which was intended to encourage people to voluntarily move to Mexico, but thousands were deported against their will.[38] Altogether, approximately 400,000 Mexicans were repatriated; half of them were US citizens.[39] Most of the Jewish refugees fleeing the Nazis and World War II were barred from coming to the United States.[40] In the post-war era, the Justice Department launched Operation Wetback, under which 1,075,168 Mexicans were deported in 1954.[41]

Since 1965

Immigrant trunks. Left, from Sweden, late 19th century. Right, from Refugee camp in Thailand, 1993.

The Immigration and Nationality Act of 1965, also known as the Hart-Cellar Act, abolished the system of national-origin quotas. By equalizing immigration policies, the act resulted in new immigration from non-European nations, which changed the ethnic demographics of the United States.[42] In 1970, 60% of immigrants were from Europe; this decreased to 15% by 2000.[43] In 1990, George H. W. Bush signed the Immigration Act of 1990,[44] which increased legal immigration to the United States by 40%.[45] In 1991, Bush signed the Armed Forces Immigration Adjustment Act 1991, allowing foreign service members who had served 12 or more years in the US Armed Forces to qualify for permanent residency and, in some cases, citizenship.

In November 1994, California voters passed Proposition 187 amending the state constitution, denying state financial aid to illegal immigrants. The federal courts voided this change, ruling that it violated the federal constitution.[46]

Appointed by Bill Clinton,[47] the U.S. Commission on Immigration Reform recommended reducing legal immigration from about 800,000 people per year to approximately 550,000.[48] While an influx of new residents from different cultures presents some challenges, "the United States has always been energized by its immigrant populations", said President Bill Clinton in 1998. "America has constantly drawn strength and spirit from wave after wave of immigrants ... They have proved to be the most restless, the most adventurous, the most innovative, the most industrious of people."[49]

Boston Chinatown, Massachusetts, 2008.

In 2001, President George W. Bush discussed an accord with Mexican President Vincente Fox. Due to the September 11 attacks, the possible accord did not occur. From 2005 to 2013, the US Congress discussed various ways of controlling immigration. The Senate and House were unable to reach an agreement.[46]

Nearly 14 million immigrants entered the United States from 2000 to 2010,[50] and over one million persons were naturalized as U.S. citizens in 2008. The per-country limit[8] applies the same maximum on the number of visas to all countries regardless of their population and has therefore had the effect of significantly restricting immigration of persons born in populous nations such as Mexico, China, India, and the Philippines—the leading countries of origin for legally admitted immigrants to the United States in 2013;[51] nevertheless, China, India, and Mexico were the leading countries of origin for immigrants overall to the United States in 2013, regardless of legal status, according to a U.S. Census Bureau study.[52]

Nearly 8 million people immigrated to the United States from 2000 to 2005; 3.7 million of them entered without papers.[53][54] In 1986 president Ronald Reagan signed immigration reform that gave amnesty to 3 million undocumented immigrants in the country.[55] Hispanic immigrants suffered job losses during the late-2000s recession,[56] but since the recession's end in June 2009, immigrants posted a net gain of 656,000 jobs.[57] Over 1 million immigrants were granted legal residence in 2011.[58]

For those who enter the US illegally across the Mexico–United States border and elsewhere, migration is difficult, expensive and dangerous.[59] Virtually all undocumented immigrants have no avenues for legal entry to the United States due to the restrictive legal limits on green cards, and lack of immigrant visas for low-skilled workers.[60] Participants in debates on immigration in the early twenty-first century called for increasing enforcement of existing laws governing illegal immigration to the United States, building a barrier along some or all of the 2,000-mile (3,200 km) Mexico-U.S. border, or creating a new guest worker program. Through much of 2006 the country and Congress was engaged in a debate about these proposals. As of April 2010 few of these proposals had become law, though a partial border fence had been approved and subsequently canceled.[61]

Modern reform attempts

Beginning with Ronald Reagan in the 1980s, presidents from both political parties have steadily increased the number of border patrol agents and instituted harsher punitive measures for immigration violations. Examples of these policies include Ronald Reagan’s Immigration Reform and Control Act of 1986 and the Clinton-era Prevention Through Deterrence strategy. The sociologist Douglas Massey has argued that these policies have succeeded at producing a perception of border enforcement but have largely failed at preventing emigration from Latin America. Notably, rather than curtailing illegal immigration, the increase in border patrol agents decreased circular migration across the U.S.–Mexico border, thus increasing the population of Hispanics in the U.S.[62]

Presidents from both parties have employed anti-immigrant rhetoric to appeal to their political base or to garner bi-partisan support for their policies. While Republicans like Reagan and Donald Trump have led the way in framing Hispanic immigrants as criminals, Douglas Massey points out that "the current moment of open racism and xenophobia could not have happened with Democratic acquiescence".[63] For example, while lobbying for his 1986 immigration bill, Reagan framed unauthorized immigration as a "national security" issue and warned that "terrorists and subversives are just two days' driving time" from the border.[63] Later presidents, including Democrats Bill Clinton and Barack Obama, used similar "security" rhetoric in their efforts to court Republican support for comprehensive immigration reform. In his 2013 State of the Union Address, Obama said "real reform means strong border security, and we can build on the progress my administration has already made – putting more boots on the southern border than at any time in our history".[64]

Trump administration policies

ICE reports that it removed 240,255 immigrants in fiscal year 2016, as well as 226,119 in FY2017 and 256,085 in FY2018. Citizens of Central American countries (including Mexico) made up over 90% of removals in FY2017 and over 80% in FY2018.[65]

In January 2017, U.S. President Donald Trump signed an executive order temporarily suspending entry to the United States by nationals of seven Muslim-majority countries. It was replaced by another executive order in March 2017 and by a presidential proclamation in September 2017, with various changes to the list of countries and exemptions.[66] The orders were temporarily suspended by federal courts but later allowed to proceed by the Supreme Court, pending a definite ruling on their legality.[67] Another executive order called for the immediate construction of a wall across the U.S.–Mexico border, the hiring of 5,000 new border patrol agents and 10,000 new immigration officers, and federal funding penalties for sanctuary cities.[68]

The "zero-tolerance" policy was put in place in 2018, which legally allows children to be separated from adults unlawfully entering the United States. This is justified by labeling all adults that enter unlawfully as criminals, thus subjecting them to criminal prosecution.[69] The Trump Administration also argued that its policy had precedent under the Obama Administration, which had opened family detention centers in response to migrants increasingly using children as a way to get adults into the country. However, the Obama Administration detained families together in administrative, rather than criminal, detention.[70][71]

Other policies focused on what it means for an asylum seeker to claim credible fear.[72] To further decrease the amount of asylum seekers into the United States, Attorney Jeff Sessions released a decision that restricts those fleeing gang violence and domestic abuse as "private crime", therefore making their claims ineligible for asylum.[73] These new policies that have been put in place are putting many lives at risk, to the point that the ACLU has officially sued Jeff Sessions along with other members of the Trump Administration. The ACLU claims that the policies that are currently being put in place by this Presidential Administration is undermining the fundamental human rights of those immigrating into the United States, specifically women. They also claim that these policies violate decades of settle asylum law.[74]

In April 2020, President Trump said he will sign an executive order to temporarily suspend immigration to the United States because of the COVID-19 pandemic in the United States.[75][76]

Origins of the U.S. immigrant population, 1960–2016

% of foreign-born population residing in the U.S. who were born in ...[77]
1960 1970 1980 1990 2000 2010 2011 2012 2013 2014 2015 2016 2018
Europe-Canada 84% 68% 42% 26% 19% 15% 15% 14% 14% 14% 14% 13% 13%
South and East Asia 4% 7% 15% 22% 23% 25% 25% 26% 26% 26% 27% 27% 28%
Other Latin America 4% 11% 16% 21% 22% 24% 24% 24% 24% 24% 24% 25% 25%
Mexico 6% 8% 16% 22% 29% 29% 29% 28% 28% 28% 27% 26% 25%

Note: "Other Latin America" includes Central America, South America and the Caribbean.

Persons obtaining legal permanent resident status by fiscal year[78][79][80][81]
Year Year Year Year Year Year Year Year
1890 455,302 1910 1,041,570 1930 241,700 1950 249,187 1970 373,326 1990 1,535,872 2010 1,042,625 2018 1,096,611
1895 258,536 1915 326,700 1935 34,956 1955 237,790 1975 385,378 1995 720,177 2015 1,051,031 2019 1,031,765
1900 448,572 1920 430,001 1940 70,756 1960 265,398 1980 524,295 2000 841,002 2016 1,183,505 2020 707,362
1905 1,026,499 1925 294,314 1945 38,119 1965 296,697 1985 568,149 2005 1,122,257 2017 1,127,167
Decade Average per year
1890–99 369,100
1900–09 745,100
1910–19 634,400
1920–29 429,600
1930–39 69,900
1940–49 85,700
1950–59 249,900
1960–69 321,400
1970–79 424,800
1980–89 624,400
1990–99 977,500
2000–09 1,029,900
2010–19 1,063,300
Refugee numbers
Operation Allies Refuge: Afghans being evacuated on a US Air Force Boeing C-17 plane during the Fall of Kabul (2021)

According to the Department of State, in the 2016 fiscal year 84,988 refugees were accepted into the US from around the world. In the fiscal year of 2017, 53,691 refugees were accepted to the US. There was a significant decrease after Trump took office; it continued in the fiscal year of 2018 when only 22,405 refugees were accepted into the US. This displays a massive drop in acceptance of refugees since the Trump Administration has been in place.[82][original research?]

On September 26, 2019, The Trump administration announced it plans to allow only 18,000 refugees to resettle in the United States in the 2020 fiscal year, its lowest level since the modern program began in 1980.[83][84][85][86]

In 2020 The Trump administration announces that it plans to slash refugee admissions to U.S. for 2021 to a record low, 15,000 refugees down from a cap of 18,000 for 2020. This is the fourth consecutive year of declining refugee admissions under the Trump term.[87][88][89]

Period Refugee Program
[90][91][87][88][89]
2018 45,000
2019 30,000
2020 18,000
2021 15,000

Contemporary immigration

Naturalization ceremony, Salem, Massachusetts, 2007

As of 2018, approximately half of immigrants living in the United States are from Mexico and other Latin American countries.[92] Many Central Americans are fleeing because of desperate social and economic circumstances in their countries. Some believe that the large number of Central American refugees arriving in the United States can be explained as a "blowback" to policies such as United States military interventions and covert operations that installed or maintained in power authoritarian leaders allied with wealthy land owners and multinational corporations who stop family farming and democratic efforts, which have caused drastically sharp social inequality, wide-scale poverty and rampant crime.[93] Economic austerity dictated by neoliberal policies imposed by the International Monetary Fund and its ally, the U.S., has also been cited as a driver of the dire social and economic conditions, as has the U.S. "War on Drugs", which has been understood as fueling murderous gang violence in the region.[94] Another major migration driver from Central America (Guatemala, Honduras, and El Salvador) are crop failures, which are (partly) caused by climate change.[95][96][97][98] "The current debate … is almost totally about what to do about immigrants when they get here. But the 800-pound gorilla that’s missing from the table is what we have been doing there that brings them here, that drives them here", according to Jeff Faux, an economist who is a distinguished fellow at the Economic Policy Institute.

Until the 1930s most legal immigrants were male. By the 1990s women accounted for just over half of all legal immigrants.[99] Contemporary immigrants tend to be younger than the native population of the United States, with people between the ages of 15 and 34 substantially overrepresented.[100] Immigrants are also more likely to be married and less likely to be divorced than native-born Americans of the same age.[101]

Immigrants are likely to move to and live in areas populated by people with similar backgrounds. This phenomenon has remained true throughout the history of immigration to the United States.[102] Seven out of ten immigrants surveyed by Public Agenda in 2009 said they intended to make the U.S. their permanent home, and 71% said if they could do it over again they would still come to the US. In the same study, 76% of immigrants say the government has become stricter on enforcing immigration laws since the September 11, 2001 attacks ("9/11"), and 24% report that they personally have experienced some or a great deal of discrimination.[103]

Public attitudes about immigration in the U.S. were heavily influenced in the aftermath of the 9/11 attacks. After the attacks, 52% of Americans believed that immigration was a good thing overall for the U.S., down from 62% the year before, according to a 2009 Gallup poll.[104] A 2008 Public Agenda survey found that half of Americans said tighter controls on immigration would do "a great deal" to enhance U.S. national security.[105] Harvard political scientist and historian Samuel P. Huntington argued in his 2004 book Who Are We? The Challenges to America's National Identity that a potential future consequence of continuing massive immigration from Latin America, especially Mexico, could lead to the bifurcation of the United States.[106][107]

The estimated population of illegal Mexican immigrants in the US decreased from approximately 7 million in 2007 to 6.1 million in 2011[108] Commentators link the reversal of the immigration trend to the economic downturn that started in 2008 and which meant fewer available jobs, and to the introduction of tough immigration laws in many states.[109][110][111][112] According to the Pew Hispanic Center, the net immigration of Mexican born persons had stagnated in 2010, and tended toward going into negative figures.[113]

More than 80 cities in the United States,[114] including Washington D.C., New York City, Los Angeles, Chicago, San Francisco, San Diego, San Jose, Salt Lake City, Phoenix, Dallas, Fort Worth, Houston, Detroit, Jersey City, Minneapolis, Denver, Baltimore, Seattle, Portland, Oregon and Portland, Maine, have sanctuary policies, which vary locally.[115]

Origin countries

Inflow of New Legal Permanent Residents by region, 2015–2020
Region 2015 % of total 2016 % of total 2017 % of total 2018[79] % of total 2019[80] % of total 2020[81] % of total Increase/Decrease% in 2020
Americas 438,435 41.7% 506,901 42.8% 492,726 43.7% 497,860 45.4% 461,710 44.8% 284,491 40.2% Decrease38.4%
Asia 419,297 39.9% 462,299 39.1% 424,743 37.7% 397,187 36.2% 364,761 35.4% 272,597 38.5% Decrease25.3%
Africa 101,415 9.7% 113,426 9.6% 118,824 10.5% 115,736 10.6% 111,194 10.8% 76,649 10.8% Decrease31.1%
Europe 85,803 8.2% 93,567 7.9% 84,335 7.5% 80,024 7.3% 87,597 8.5% 68,994 9.8% Decrease21.2%
Australia and Oceania 5,404 0.5% 5,588 0.5% 5,071 0.5% 4,653 0.4% 5,359 0.5% 3,998 0.6% Decrease25.4%
Unknown 677 0.1% 1,724 0.1% 1,468 0.1% 1,151 0.1% 1,144 0.1% 633 >0.1% Decrease
Total 1,051,031 100% 1,183,505 100% 1,127,167 100% 1,096,611 100% 1,031,765 100% 707,632 100% Decrease31.4%

Source: US Department of Homeland Security, Office of Immigration Statistics[116][117][118][119]

Top 15 sending countries, 2015–2020:[120][119]
Country 2015 2016 2017 2018 2019 2020
 Mexico 158,619 174,534 170,581 161,858 156,052 100,325
 India 64,116 64,687 60,394 59,821 54,495 46,363
 China 74,558 81,772 71,565 65,214 62,248 41,483
 Dominican Republic 50,610 61,161 58,520 57,413 49,911 30,005
 Vietnam 30,832 41,451 38,231 33,834 39,712 29,995
 Philippines 56,478 53,287 49,147 47,258 45,920 25,491
 El Salvador 19,487 23,449 25,109 28,326 27,656 17,907
 Brazil 11,424 13,812 14,989 15,394 19,825 16,746
 Cuba 54,396 66,516 65,028 76,486 41,641 16,367
 South Korea 17,138 21,801 19,194 17,676 18,479 16,244
 Jamaica 17,642 23,350 21,905 20,347 21,689 12,826
 Nigeria 11,542 14,380 13,539 13,952 15,888 12,398
 Venezuela 9,144 10,772 11,809 11,762 15,720 12,136
 Colombia 17,316 18,610 17,956 17,545 19,841 11,989
 Afghanistan 8,328 12,513 19,538 12,935 10,136 11,407
Total 1,051,031 1,183,505 1,127,167 1,096,611 1,031,765 707,362

Charts

Inflow of New Legal Permanent Residents by continent in 2020:[81]

  Americas (40.2%)
  Asia (38.5%)
  Africa (10.8%)
  Europe (9.8%)
  Unknown (0.1%)

Languages spoken among U.S. immigrants, 2016:[77]

  English only (16%)
  Spanish (43%)
  Chinese (6%)
  Hindi and related languages (5%)
  French (3%)
  Vietnamese (3%)
  Arabic (2%)
  Other (18%)

Demography

Extent and destinations

Little Italy in New York, ca.1900
Crowd at the Philippine Independence Day Parade in New York City
Galveston Immigration Stations
Year[121] Number of
foreign-born
Percent
foreign-born
1850 2,244,602 9.7
1860 4,138,697 13.2
1870 5,567,229 14.4
1880 6,679,943 13.3
1890 9,249,547 14.8
1900 10,341,276 13.6
1910 13,515,886 14.7
1920 13,920,692 13.2
1930 14,204,149 11.6
1940 11,594,896 8.8
1950 10,347,395 6.9
1960 9,738,091 5.4
1970 9,619,302 4.7
1980 14,079,906 6.2
1990 19,767,316 7.9
2000 31,107,889 11.1
2010 39,956,000 12.9
2017 44,525,500 13.7
2018 44,728,502 13.5
2019 44,932,799

The United States admitted more legal immigrants from 1991 to 2000, between ten and eleven million, than in any previous decade. In the most recent decade,[when?] the 10 million legal immigrants that settled in the U.S. represent roughly one third of the annual growth, as the U.S. population increased by 32 million (from 249 million to 281 million). By comparison, the highest previous decade was the 1900s, when 8.8 million people arrived, increasing the total U.S. population by one percent every year. Specifically, "nearly 15% of Americans were foreign-born in 1910, while in 1999, only about 10% were foreign-born".[126]

By 1970, immigrants accounted for 4.7 percent of the US population and rising to 6.2 percent in 1980, with an estimated 12.5 percent in 2009.[127] As of 2010, 25% of US residents under age 18 were first- or second-generation immigrants.[128] Eight percent of all babies born in the U.S. in 2008 belonged to illegal immigrant parents, according to a recent[when?] analysis of U.S. Census Bureau data by the Pew Hispanic Center.[129]

Legal immigration to the U.S. increased from 250,000 in the 1930s, to 2.5 million in the 1950s, to 4.5 million in the 1970s, and to 7.3 million in the 1980s, before becoming stable at about 10 million in the 1990s.[130] Since 2000, legal immigrants to the United States number approximately 1,000,000 per year, of whom about 600,000 are Change of Status who already are in the U.S. Legal immigrants to the United States now[when?] are at their highest level ever, at just over 37,000,000 legal immigrants. In reports in 2005–2006, estimates of illegal immigration ranged from 700,000 to 1,500,000 per year.[131][132] Immigration led to a 57.4% increase in foreign-born population from 1990 to 2000.[133]

Foreign-born immigration has caused the U.S. population to continue its rapid increase with the foreign-born population doubling from almost 20 million in 1990 to over 47 million in 2015.[1] In 2018, there were almost 90 million immigrants and U.S.-born children of immigrants (second-generation Americans) in the United States, accounting for 28% of the overall U.S. population.[134]

While immigration has increased drastically over the 20th century, the foreign-born share of the population is, at 13.4, only somewhat below what it was at its peak in 1910 at 14.7%. A number of factors may be attributed to the decrease in the representation of foreign-born residents in the United States. Most significant has been the change in the composition of immigrants; prior to 1890, 82% of immigrants came from North and Western Europe. From 1891 to 1920, that number decreased to 25%, with a rise in immigrants from East, Central, and South Europe, summing up to 64%. Animosity towards these different and foreign immigrants increased in the United States, resulting in much legislation to limit immigration.[citation needed]

Contemporary immigrants settle predominantly in seven states, California, New York, Florida, Texas, Pennsylvania, New Jersey and Illinois, comprising about 44% of the U.S. population as a whole. The combined total immigrant population of these seven states was 70% of the total foreign-born population in 2000.

Origin

Foreign-born population of the United States in 2017, by country of birth.
  >10,000,000
  1,000,000–3,000,000
  300,000–1,000,000
  100,000–300,000
  30,000–100,000
  <30,000
  United States and its territories
Immigrants to the United States (2012–2016) per thousand inhabitants of each country of origin (2012).
  >10.0
  3.0–10.0
  1.0–3.0
  0.3–1.0
  0.1–0.3
  <0.1
  United States and its territories

Foreign-born population in the United States in 2019 by country of birth[124][135]

Country of birth Population (2019) 2018–2019
change
Total foreign-born Increase44,932,799 +204,297
 Mexico Decrease10,931,939 −239,954
 India Increase2,688,075 +35,222
 China[a] Increase2,250,230 +28,287
 Philippines Increase2,045,248 +31,492
 El Salvador Decrease1,412,101 −7,229
 Vietnam Increase1,383,779 +38,026
 Cuba Increase1,359,990 +16,030
 Dominican Republic Decrease1,169,420 −8,444
 South Korea[b] Decrease1,038,885 −214
 Guatemala Increase1,111,495 +104,508
 Colombia Increase808,148 +18,587
 Canada Decrease797,158 −16,506
 Jamaica Increase772,215 +38,786
 Honduras Increase745,838 +99,585
 Haiti Increase701,688 +14,502
 United Kingdom[c] Decrease687,186 −12,007
 Germany Decrease537,691 −21,411
 Brazil Increase502,104 +29,467
 Venezuela Increase465,235 +71,394
 Peru Decrease446,063 −21,109
 Ecuador Decrease431,150 −11,955
 Poland Increase404,107 +5,321
 Pakistan Increase398,399 +19,296
 Nigeria Increase392,811 +18,100
 Russia Increase392,422 +8,917
 Iran Increase385,473 +3,522
 Taiwan Decrease371,851 −18,299
 Ukraine Increase354,832 +28,947
 Japan Decrease333,273 −28,292
 Italy Decrease314,867 −10,036
 Bangladesh Increase261,348 +296
 Thailand Decrease260,820 −8,561
 Nicaragua Decrease257,343 −4,734
 Ethiopia Decrease256,032 −22,051
 Guyana Decrease253,847 −26,450
 Iraq Increase249,670 +12,248
 Hong Kong Decrease231,469 −1,779
 Trinidad and Tobago Decrease212,798 −9,770
 Argentina Increase210,767 +16,346
 Egypt[d] Decrease205,852 −1,727
 Ghana Increase199,163 +3,792
 Laos Decrease176,904 −7,486
 France[e] Decrease171,452 −19,727
 Romania Increase167,751 +5,308
   Nepal Increase166,651 +18,017
 Portugal Decrease161,500 −8,390
 Kenya Increase153,414 +6,854
 Burma Increase150,877 +10,486
 Cambodia Increase149,326 +10,792
 Israel[f] Increase132,477 +2,551
 Afghanistan Increase132,160 +18,491
 Lebanon Decrease120,065 −1,861
 Greece Decrease119,571 −6,128
 Turkey Decrease117,291 −9,203
 Spain Decrease116,077 −1,713
 Somalia Increase114,607 +11,230
 Ireland Decrease111,886 −13,104
 South Africa Increase111,116 +11,444
 Bosnia and Herzegovina Decrease104,612 −957
 Indonesia Increase101,622 +7,543
 Panama Decrease101,076 −2,674
 Australia Increase98,969 +8,382
 Liberia Increase98,116 +12,824
 Albania Increase94,856 +4,617
 Chile Decrease93,950 −9,080
 Costa Rica Increase93,620 +6,237
 Syria[g] Decrease92,514 −19,252
 Jordan[h] Increase90,018 +2,335
 Armenia Increase87,419 +151
 Netherlands[i] Decrease82,603 −5,632
 Bolivia Increase79,804 +447
 Morocco[j] Decrease77,434 −1,978
 Saudi Arabia Increase76,840 +2,166
 Malaysia Decrease76,712 −5,844
 Cameroon Decrease72,634 −5,374
former  Czechoslovakia Increase68,312 +3,960
 Bulgaria Decrease66,950 −5,239
 Uzbekistan Decrease65,216 −3,296
 Hungary Decrease64,852 −2,413
 Democratic Republic of the Congo 60,512 +/−
 Yemen Decrease58,627 −3,795
 Belarus Decrease57,315 −13,654
 Barbados Decrease52,279 −1,097
 Sri Lanka Decrease51,695 −305
 Sudan Decrease51,351 −1,300
 Eritrea Increase49,355 +4,245
 Uruguay Increase48,900 +2,638
 Fiji Increase48,710 +5,195
 Moldova Decrease46,388 −1,379
 Sierra Leone Decrease45,506 −2,328
 Belize Decrease44,364 −2,923
 Uganda 44,150 +/−
 Sweden Decrease43,506 −6,236
  Switzerland Increase42,958 +8,536
 Bahamas Increase40,067 +10,851
 Austria Increase39,083 +100
 Serbia Increase39,020 +1,585
 Republic of the Congo 38,932 +/−
 Croatia Decrease37,044 −1,941
 Cape Verde Decrease36,410 −663
 Dominica Decrease36,372 −721
 Singapore Decrease33,736 −466
 Kazakhstan Increase33,438 +5,148
 Lithuania Decrease32,655 −445
 Belgium Decrease32,323 −3,431
 Denmark Increase31,872 +2,541
 Kuwait Decrease31,113 −4,494
 Senegal 30,828 +/−
 North Macedonia Increase30,359 +4,456
 Micronesia 30,136 +/−
 Grenada Decrease29,722 −11,288
 Latvia Decrease23,300 −2,039
 Zimbabwe 20,519 +/−
 Norway Decrease20,143 −4,928
  1. ^ Excluding Hong Kong, and, also Taiwan (Republic of China).
  2. ^ Including North Korea.
  3. ^ Including Crown Dependencies.
  4. ^ Including the Gaza Strip.
  5. ^ Metropolitan France only.
  6. ^ Excluding the Golan Heights and the Palestinian territories.
  7. ^ Including the Golan Heights.
  8. ^ Including the West Bank.
  9. ^ European Netherlands only.
  10. ^ Excluding Western Sahara.

Effects of immigration

Mexican immigrants are seen protesting for more rights in San Jose.
Mexican immigrants march for more rights in Northern California's largest city, San Jose (2006).

Immigration to the United States significantly increases the population. The Census Bureau estimates that the US population will increase from 317 million in 2014 to 417 million in 2060 with immigration, when nearly 20% will be foreign-born.[136] In particular, the population of of Hispanic and Asian Americans is significantly increased by immigration, with both populations expected to see major growth.[137][138] Overall, the Pew Report predicts the population of the United States will rise from 296 million in 2005 to 441 million in 2065, but only to 338 million with no immigration.[137] The prevalence of immigrant segregation has brought into question the accuracy of describing the United States as a melting pot.[139][140] Immigration to the United States has also increased religious diversity, with Islam, Hinduism, Buddhism, and Sikhism growing in the United States due to immigration.[141] Changing demographics as a result of immigration have affected political affiliations. Immigrants are more likely than natives to support the Democratic Party.[42][142][143] Interest groups that lobby for and against immigration play a role in immigration policy, with religious, ethnic, and business groups most likely to lobby on issues of immigration.[144][145]

Immigrants have not been found to increase crime in the United States, and immigrants overall are associated with lower crime rates than natives.[12][13][14][146] Some research even suggests that increases in immigration may partly explain the reduction in the U.S. crime rate.[147][148][149] According to one study, sanctuary cities—which adopt policies designed to not prosecute people solely for being an illegal immigrant—have no statistically meaningful effect on crime.[150] Research suggests that police practices, such as racial profiling, over-policing in areas populated by minorities and in-group bias may result in disproportionately high numbers of immigrants among crime suspects.[151][152][153][154] Research also suggests that there may be possible discrimination by the judicial system, which contributes to a higher number of convictions for immigrants.[155][156][157][158][159] Crimmigration has emerged as a field in which critical immigration scholars conceptualize the current immigration law enforcement system.[160]

Increased immigration to the United States has historically caused discrimination and racial unrest.[citation needed] Areas with higher minority populations may be subject to increased policing[151][152][161][154] and harsher sentencing.[155][156][157][158][159] Faculty in educational facilities have been found to be more responsive toward white students,[162] though affirmative action policies may cause colleges to favor minority applicants.[163] Evidence also shows the existence of racial discrimination in the housing market[164][165][166] and the labor market.[164][167][168] Discrimination also exists between different immigrant groups.[169][170] Most immigrants fully assimilate into the United States within a span of 20 years.[171]

Immigration has been found to have little impact on the health of natives.[172] Researchers have also found what is known as the "healthy immigrant effect", in which immigrants in general tend to be healthier than individuals born in the U.S.[173][174] However, some illnesses are believed to have been introduced to the United States or caused to increase by immigration.[175] Immigrants are more likely than native-born Americans to have a medical visit labeled uncompensated care.[176]

A significant proportion of American scientists and engineers are immigrants. Graduate students are more likely to be immigrants than undergraduate students, as immigrants often complete undergraduate training in their native country before immigrating.[177] 33% of all U.S. Ph.D.s in science and engineering were awarded to foreign-born graduate students as of 2004.[178]

Economic effects

Garment factories in Manhattan's Chinatown

High-skilled immigration and low-skilled immigration have both been found to make economic conditions better for the average immigrant[179] and the average American.[180][181] The overall impact of immigration on the economy tends to be minimal.[182][183] Research suggests that diversity has a net positive effect on productivity[184][185] and economic prosperity.[186][187][188] Contributions by immigrants through taxation and the economy have been found to exceed the cost of services they use.[189][190][191] Overall immigration has not had much effect on native wage inequality[192][193] but low-skill immigration has been linked to greater income inequality in the native population.[194] Labor unions have historically opposed immigration over economic concerns.[195]

Immigrants have also been found to raise economic productivity, as they are more likely to take jobs that natives are unwilling to do.[196] Research indicates that immigrants are more likely to work in risky jobs than U.S.-born workers, partly due to differences in average characteristics, such as immigrants' lower English language ability and educational attainment.[197] Refugees have been found to integrate more slowly into the labor market than other immigrants, but they have also been found to increase government revenue overall.[198][199][200] Immigration has also been correlated with increased innovation and entrepreneurship, and immigrants are more likely to start businesses than native Americans.[201][202][203]

Undocumented immigrants have also been found to have a positive effect on economic conditions in the United States.[191][204][205] According to NPR in 2005, about 3% of illegal immigrants were working in agriculture,[206] and the H-2A visa allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs.[207] States that imposed harsher immigration laws were found to suffer significant economic losses.[208][209]

Public opinion

The ambivalent feeling of Americans toward immigrants is shown by a positive attitude toward groups that have been visible for a century or more, and much more negative attitude toward recent arrivals. For example, a 1982 national poll by the Roper Center at the University of Connecticut showed respondents a card listing a number of groups and asked, "Thinking both of what they have contributed to this country and have gotten from this country, for each one tell me whether you think, on balance, they've been a good or a bad thing for this country", which produced the results shown in the table. "By high margins, Americans are telling pollsters it was a very good thing that Poles, Italians, and Jews immigrated to America. Once again, it's the newcomers who are viewed with suspicion. This time, it's the Mexicans, the Filipinos, and the people from the Caribbean who make Americans nervous."[210][211]

In a 2002 study, which took place soon after the September 11 attacks, 55% of Americans favored decreasing legal immigration, 27% favored keeping it at the same level, and 15% favored increasing it.[212]

In 2006, the immigration-reduction advocacy think tank the Center for Immigration Studies released a poll that found that 68% of Americans think U.S. immigration levels are too high, and just 2% said they are too low. They also found that 70% said they are less likely to vote for candidates that favor increasing legal immigration.[213] In 2004, 55% of Americans believed legal immigration should remain at the current level or increased and 41% said it should be decreased.[214] The less contact a native-born American has with immigrants, the more likely they would have a negative view of immigrants.[214]

One of the most important factors regarding public opinion about immigration is the level of unemployment; anti-immigrant sentiment is where unemployment is highest, and vice versa.[215]

Surveys indicate that the U.S. public consistently makes a sharp distinction between legal and illegal immigrants, and generally views those perceived as "playing by the rules" with more sympathy than immigrants who have entered the country illegally.[216]

According to a Gallup poll in July 2015, immigration is the fourth most important problem facing the United States and seven percent of Americans said it was the most important problem facing America today.[217] In March 2015, another Gallup poll provided insight into American public opinion on immigration; the poll revealed that 39% of people worried about immigration "a great deal".[218] A January poll showed that only 33% of Americans were satisfied with the current state of immigration in America.[219]

Before 2012, a majority of Americans supported securing United States borders compared to dealing with illegal immigrants in the United States. In 2013, that trend has reversed and 55% of people polled by Gallup revealed that they would choose "developing a plan to deal with immigrants who are currently in the U.S. illegally". Changes regarding border control are consistent across party lines, with the percentage of Republicans saying that "securing U.S. borders to halt flow of illegal immigrants" is extremely important decreasing from 68% in 2011 to 56% in 2014. Meanwhile, Democrats who chose extremely important shifted from 42% in 2011 to 31% in 2014.[220] In July 2013, 87% of Americans said they would vote in support of a law that would "allow immigrants already in the country to become U.S. citizens if they meet certain requirements including paying taxes, having a criminal background check and learning English". However, in the same survey, 83% also said they would support the tightening of U.S. border security.[221]

Donald Trump's campaign for presidency focused on a rhetoric of reducing illegal immigration and toughening border security. In July 2015, 48% of Americans thought that Donald Trump would do a poor job of handling immigration problems. In November 2016, 55% of Trump's voters thought that he would do the right thing regarding illegal immigration. In general, Trump supporters are not united upon how to handle immigration. In December 2016, Trump voters were polled and 60% said that "undocumented immigrants in the U.S. who meet certain requirements should be allowed to stay legally".[222]

American opinion regarding how immigrants affect the country and how the government should respond to illegal immigration have changed over time. In 2006, out of all U.S. adults surveyed, 28% declared that they believed the growing number of immigrants helped American workers and 55% believed that it hurt American workers. In 2016, those views had changed, with 42% believing that they helped and 45% believing that they hurt.[223] The PRRI 2015 American Values Atlas showed that between 46% and 53% of Americans believed that "the growing number of newcomers from other countries ... strengthens American society". In the same year, between 57% and 66% of Americans chose that the U.S. should "allow [immigrants living in the U.S. illegally] a way to become citizens provided they meet certain requirements".[224]

In February 2017, the American Enterprise Institute released a report on recent surveys about immigration issues. In July 2016, 63% of Americans favored the temporary bans of immigrants from areas with high levels of terrorism and 53% said the U.S. should allow fewer refugees to enter the country. In November 2016, 55% of Americans were opposed to building a border wall with Mexico. Since 1994, Pew Research center has tracked a change from 63% of Americans saying that immigrants are a burden on the country to 27%.[225]

The Trump administraton's zero-tolerance policy was reacted to negatively by the public. One of the main concerns was how detained children of illegal immigrants were treated. Due to very poor conditions, a campaign was begun called "Close the Camps".[226] Detainment facilities were compared to concentration and internment camps.[227][source verification needed]

After the 2021 evacuation from Afghanistan in August 2021, an NPR/Ipsos poll (±4.6%) found 69% of Americans supported resettling in the United States Afghans who had worked with the U.S., with 65% support for Afghans who "fear repression or persecution from the Taliban".[228] There was lower support for other refugees: 59% for those "fleeing from civil strife and violence in Africa", 56% for those "fleeing from violence in Syria and Libya", and 56% for "Central Americans fleeing violence and poverty". 57% supported the Trump-era Remain in Mexico policy, and 55% supported legalizing the status of those illegally brought to the U.S. as children (as proposed in the DREAM Act).

Religious responses

Religious figures in the United States have stated their views on the topic of immigration as informed by their religious traditions.

  • Catholicism – In 2018, Catholic leaders stated that asylum-limiting laws proposed by the Trump administration were immoral. Some bishops considered imposing sanctions (known as "canonical penalties") on church members who have participated in enforcing such policies.[229]
  • Judaism – American Jewish rabbis from various denominations have stated that their understanding of Judaism is that immigrants and refugees should be welcomed, and even assisted. The exception would be if there is significant economic hardship or security issues faced by the host country or community, in which case immigration may be limited, discouraged or even prohibited altogether.[230] Some liberal denominations place more emphasis on the welcoming of immigrants, while Conservative, Orthodox and Independent rabbis also consider economic and security concerns.[231] Some provide moral arguments for both the right of country to enforce immigration standards as well as for providing some sort of amnesty for illegal migrants.[232]

Legal issues

A U.S. green card, a document confirming permanent resident status for eligible immigrants, including refugees, political asylum seekers, family-sponsored migrants, employment-based workers and diversity immigrants (DV).

Laws concerning immigration and naturalization include the Immigration Act of 1990 (IMMACT), the Antiterrorism and Effective Death Penalty Act (AEDPA), the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), the Naturalization Act of 1790, the Alien and Sedition Acts of 1798, the Chinese Exclusion Act of 1882, and the Johnson-Reed Act of 1924. AEDPA and IIRARA exemplify many categories of criminal activity for which immigrants, including green card holders, can be deported and have imposed mandatory detention for certain types of cases. The Johnson-Reed Act limited the number of immigrants and the Chinese Exclusion Act banned immigration from China altogether.[233][234]

Refugees are able to gain legal status in the United States through asylum, and a specified number of legally-defined refugees, who either apply for asylum overseas or after arriving in the U.S., are admitted annually.[quantify][citation needed] In 2014, the number of asylum seekers accepted into the U.S. was about 120,000. By comparison, about 31,000 were accepted in the UK and 13,500 in Canada.[235] Asylum offices in the United States receive more applications for asylum than they can process every month and every year, and these continuous applications cause a significant backlog.[236]

Removal proceedings are considered administrative proceedings under the authority of the United States Attorney General, and thus part of the executive branch rather than the judicial branch of government.[237] in removal proceedings in front of an immigration judge, cancellation of removal is a form of relief that is available for some long-time residents of the United States.[238] Eligibility may depend on time spent in the United States, criminal record, or family in the country.[239][240] Members of Congress may submit private bills granting residency to specific named individuals.[citation needed] The United States allows immigrant relatives of active duty military personnel to reside in the United States through a green card.[241][242]

As of 2015, there are estimated to be 11 to 12 million unauthorized immigrants in the United States, making up about 5% of the civilian labor force.[243][244] Under the Deferred Action for Childhood Arrivals (DACA) program, unauthorized immigrants that arrived as children were granted exemptions to immigration law.[245]

Most immigration proceedings are civil matters, though criminal charges are applicable when evading border enforcement, committing fraud to gain entry, or committing identity theft to gain employment. Due process protections under the Fifth Amendment to the United States Constitution have been found to apply to immigration proceedings, but those of the Sixth Amendment to the United States Constitution have not due to their nature as civil matters.[246][237]

Immigration in popular culture

A cartoon in Puck from 1888 attacked businessmen for welcoming large numbers of low-paid immigrants, leaving the American men unemployed.[247]

The history of immigration to the United States is the history of the country itself, and the journey from beyond the sea is an element found in American folklore, appearing in many works, such as The Godfather, Gangs of New York, "The Song of Myself", Neil Diamond's "America", and the animated feature An American Tail.[248]

From the 1880s to the 1910s, vaudeville dominated the popular image of immigrants, with very popular caricature portrayals of ethnic groups. The specific features of these caricatures became widely accepted as accurate portrayals.[249]

In The Melting Pot (1908), playwright Israel Zangwill (1864–1926) explored issues that dominated Progressive Era debates about immigration policies. Zangwill's theme of the positive benefits of the American melting pot resonated widely in popular culture and literary and academic circles in the 20th century; his cultural symbolism – in which he situated immigration issues – likewise informed American cultural imagining of immigrants for decades, as exemplified by Hollywood films.[250][251]

The popular culture's image of ethnic celebrities often includes stereotypes about immigrant groups. For example, Frank Sinatra's public image as a superstar contained important elements of the American Dream while simultaneously incorporating stereotypes about Italian Americans that were based in nativist and Progressive responses to immigration.[252]

The process of assimilation has been a common theme of popular culture. For example, "lace-curtain Irish" refers to middle-class Irish Americans desiring assimilation into mainstream society in counterpoint to the older, more raffish "shanty Irish". The occasional malapropisms and social blunders of these upward mobiles were lampooned in vaudeville, popular song, and the comic strips of the day such as Bringing Up Father, starring Maggie and Jiggs, which ran in daily newspapers for 87 years (1913 to 2000).[253][254] In The Departed (2006), Staff Sergeant Dignam regularly points out the dichotomy between the lace-curtain Irish lifestyle Billy Costigan enjoyed with his mother, and the shanty Irish lifestyle of Costigan's father. In recent years,[when?] the popular culture has paid special attention to Mexican immigration;[255] the film Spanglish (2004) tells of a friendship of a Mexican housemaid (played by Paz Vega) and her boss (played by Adam Sandler).

Immigration in literature

Maggie and Jiggs from Bringing Up Father (January 7, 1940).

Novelists and writers have captured much of the color and challenge in their immigrant lives through their writings.[256]

Regarding Irish women in the 19th century, there were numerous novels and short stories by Harvey O'Higgins, Peter McCorry, Bernard O'Reilly and Sarah Orne Jewett that emphasize emancipation from Old World controls, new opportunities and expansiveness of the immigrant experience.[257]

Hladnik studies three popular novels of the late 19th century that warned Slovenes not to immigrate to the dangerous new world of the United States.[258][needs context]

Jewish American writer Anzia Yezierska wrote her novel Bread Givers (1925) to explore such themes as Russian-Jewish immigration in the early 20th century, the tension between Old and New World Yiddish culture, and women's experience of immigration. A well established author Yezierska focused on the Jewish struggle to escape the ghetto and enter middle- and upper-class America. In the novel, the heroine, Sara Smolinsky, escapes from New York City's "down-town ghetto" by breaking tradition. She quits her job at the family store and soon becomes engaged to a rich real-estate magnate. She graduates college and takes a high-prestige job teaching public school. Finally Sara restores her broken links to family and religion.[259]

The Swedish author Vilhelm Moberg, in the mid-20th century, wrote a series of four novels describing one Swedish family's migration from Småland to Minnesota in the late 19th century, a destiny shared by almost one million people. The author emphasizes the authenticity of the experiences as depicted (although he did change names).[260] These novels have been translated into English (The Emigrants, 1951, Unto a Good Land, 1954, The Settlers, 1961, The Last Letter Home, 1961). The musical Kristina från Duvemåla by ex-ABBA members Björn Ulvaeus and Benny Andersson is based on this story.[261][262]

The Immigrant is a musical by Steven Alper, Sarah Knapp, and Mark Harelik. The show is based on the story of Harelik's grandparents, Matleh and Haskell Harelik, who traveled to Galveston, Texas in 1909.[263]

Documentary films

Film about historical immigration to America from ca. 1970

In their documentary How Democracy Works Now: Twelve Stories, filmmakers Shari Robertson and Michael Camerini examine the American political system through the lens of immigration reform from 2001 to 2007. Since the debut of the first five films, the series has become an important resource for advocates, policy-makers and educators.[264]

That film series premiered nearly a decade after the filmmakers' landmark documentary film Well-Founded Fear which provided a behind-the-scenes look at the process for seeking asylum in the United States. That film still marks the only time that a film-crew was privy to the private proceedings at the U.S. Immigration and Naturalization Service (INS), where individual asylum officers ponder the often life-or-death fate of immigrants seeking asylum.

In the documentary "Trafficked with Mariana van Zeller", it was argued that weapons smuggling from the United States contributed to insecurity in Latin America, itself triggering more migration to the United States.[265]

Overall approach to regulation

University of North Carolina law professor Hiroshi Motomura has identified three approaches the United States has taken to the legal status of immigrants in his book Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States. The first, dominant in the 19th century, treated immigrants as in transition; in other words, as prospective citizens. As soon as people declared their intention to become citizens, they received multiple low-cost benefits, including the eligibility for free homesteads in the Homestead Act of 1869,[clarification needed] and in many states, the right to vote. The goal was to make the country more attractive, so large numbers of farmers and skilled craftsmen would settle new lands. By the 1880s, a second approach took over, treating newcomers as "immigrants by contract". An implicit deal existed where immigrants who were literate and could earn their own living were permitted in restricted numbers. Once in the United States, they would have limited legal rights, but were not allowed to vote until they became citizens, and would not be eligible for the New Deal government benefits available in the 1930s. The third and more recent policy[when?] is "immigration by affiliation", which Motomura argues is the treatment which depends on how deeply rooted people have become in the country. An immigrant who applies for citizenship as soon as permitted, has a long history of working in the United States, and has significant family ties, is more deeply affiliated and can expect better treatment.[266]

The Statue of Liberty was a common sight to many immigrants who entered the United States through Ellis Island

The American Dream is the belief that through hard work and determination, any United States immigrant can achieve a better life, usually in terms of financial prosperity and enhanced personal freedom of choice.[267] According to historians, the rapid economic and industrial expansion of the U.S. is not simply a function of being a resource rich, hard working, and inventive country, but the belief that anybody could get a share of the country's wealth if he or she was willing to work hard.[268] This dream has been a major factor in attracting immigrants to the United States.[269]

See also

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Further reading

Surveys

  • Anbinder, Tyler. City of Dreams: The 400-Year Epic History of Immigrant New York (Houghton Mifflin Harcourt, 2016). 766 pp. [ISBN missing]
  • Archdeacon, Thomas J. Becoming American: An Ethnic History (1984)
  • Bankston, Carl L. III and Danielle Antoinette Hidalgo, eds. Immigration in U.S. History Salem Press, (2006) [ISBN missing]
  • Barkan, Elliott Robert, ed. (2001). Making it in America: A Sourcebook on Eminent Ethnic Americans. ABC-CLIO. ISBN 9781576070987. {{cite book}}: |author= has generic name (help)CS1 maint: multiple names: authors list (link) short scholarly biographies With bibliographies; 448 pp.
  • Bodnar, John. The Transplanted: A History of Immigrants in Urban America Indiana University Press, (1985) [ISBN missing]
  • Daniels, Roger. Asian America: Chinese and Japanese in the United States since 1850 University of Washington Press, (1988) [ISBN missing]
  • Daniels, Roger. Coming to America 2nd ed. (2005) [ISBN missing]
  • Daniels, Roger. Guarding the Golden Door : American Immigration Policy and Immigrants since 1882 (2005) [ISBN missing]
  • Diner, Hasia. The Jews of the United States, 1654 to 2000 (2004) [ISBN missing]
  • Dinnerstein, Leonard, and David M. Reimers. Ethnic Americans: a history of immigration (1999) online
  • Gerber, David A. American Immigration: A Very Short Introduction (2011). [ISBN missing]
  • Gjerde, Jon, ed. Major Problems in American Immigration and Ethnic History (1998).
  • Glazier, Michael, ed. The Encyclopedia of the Irish in America (1999). [ISBN missing]
  • Jones, Maldwyn A. American immigration (1960) online
  • Joselit, Jenna Weissman. Immigration and American religion (2001) online
  • Parker, Kunal M. Making Foreigners: Immigration and Citizenship Law in America, 1600–2000. New York: Cambridge University Press, 2015. [ISBN missing]
  • Sowell, Thomas. Ethnic America: A History (1981). [ISBN missing]
  • Thernstrom, Stephan, ed. Harvard Encyclopedia of American Ethnic Groups (1980). [ISBN missing]

Before 1920

  • Alexander, June Granatir. Daily Life in Immigrant America, 1870–1920: How the Second Great Wave of Immigrants Made Their Way in America (Chicago: Ivan R. Dee, 2007. xvi, 332 pp.)
  • Berthoff, Rowland Tappan. British Immigrants in Industrial America, 1790–1950 (1953). [ISBN missing]
  • Briggs, John. An Italian Passage: Immigrants to Three American Cities, 1890–1930 Yale University Press, (1978). [ISBN missing]
  • Diner, Hasia. Hungering for America: Italian, Irish, and Jewish Foodways in the Age of Migration (2003). [ISBN missing]
  • Dudley, William, ed. Illegal immigration: opposing viewpoints (2002) online
  • Eltis, David; Coerced and Free Migration: Global Perspectives (2002) emphasis on migration to Americas before 1800. [ISBN missing]
  • Greene, Victor R. A Singing Ambivalence: American Immigrants Between Old World and New, 1830–1930 (2004), covering musical traditions. [ISBN missing]
  • Isaac Aaronovich Hourwich. Immigration and Labor: The Economic Aspects of European Immigration to the United States (1912) (full text online)
  • Joseph, Samuel; Jewish Immigration to the United States from 1881 to 1910 Columbia University Press, (1914). [ISBN missing]
  • Kulikoff, Allan; From British Peasants to Colonial American Farmers (2000), details on colonial immigration. [ISBN missing]
  • Meagher, Timothy J. The Columbia Guide to Irish American History. (2005). [ISBN missing]
  • Miller, Kerby M. Emigrants and Exiles (1985), influential scholarly interpretation of Irish immigration
  • Motomura, Hiroshi. Americans in Waiting: The Lost Story of Immigration and Citizenship in the United States (2006), legal history. [ISBN missing]
  • Pochmann, Henry A. and Arthur R. Schultz; German Culture in America, 1600–1900: Philosophical and Literary Influences (1957). [ISBN missing]
  • Waters, Tony. Crime and Immigrant Youth Sage Publications (1999), a sociological analysis. [ISBN missing]
  • U.S. Immigration Commission, Abstracts of Reports, 2 vols. (1911); the full 42-volume report is summarized (with additional information) in Jeremiah W. Jenks and W. Jett Lauck, The Immigrant Problem (1912; 6th ed. 1926)
  • Wittke, Carl. We Who Built America: The Saga of the Immigrant (1939), covers all major groups
  • Yans-McLaughlin, Virginia ed. Immigration Reconsidered: History, Sociology, and Politics Oxford University Press. (1990) [ISBN missing]

Recent: post 1965

External links

History

Immigration policy

Current immigration

Economic impact