US Immigration Policy

Here is a brief history of immigration policy along with definitions from the U.S. Department of Homeland Security. These provide context for understanding issues faced by immigrants in our community.

Below are definitions of terms relevant to describing the status of individuals who were not born in the US, but live here or seek to live here. Each of these different statuses provide varying rights

Refugee: Someone from outside the United States who is unable or unwilling to return to his or her country of origin because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Refugees are eligible to become lawful permanent residents after one year of continuous presence in the United States.

Asylee: Meets the definition of a refugee, except whereas a refugee is located outside the United States at the time of application, an asylee is located in the United States or at a port of entry. Asylees are eligible to become lawful permanent residents after one year of continuous presence in the United States.

Legal Permanent Resident (LPR): Person who has been granted lawful permanent residence in the United States. These residents receive a green card and are eligible to apply for U.S. citizenship.

Naturalized Citizen: Naturalization is the process by which U.S. citizenship is conferred upon a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act. After naturalization, foreign-born citizens enjoy the same benefits, rights and responsibilities that the Constitution gives to native born U.S. citizens, such as the right to vote. The general requirements for administrative naturalization include: a period of continuous residence and physical presence in the United States; an ability to read, write, and speak English; a knowledge and understanding of U.S. history and government; good moral character; attachment to the principles of the U.S. Constitution; and a favorable disposition toward the United States.

Immigrant: Umbrella term referring to those who have come from another country to seek residence here.

Each level of immigration confers certain rights and responsibilities. The most restrictive level of immigration is when one has a temporary visa (either for studying or employment) whereas the individual is unable to leave and re-enter the country, has a pre-defined stay, and is unable to receive federal funding to pursue an education. Other immigrant statuses, for instance LPRs, can own property, attend public schools and universities, and join the armed forces. Only naturalized citizens are able to vote. However non-citizen immigrants pay taxes and engage in other forms of civic life.

Immigration Laws through the Years

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Immigration in the United States has been a conglomeration of inclusion and exclusion policies, opening and closing of doors and attempts to accommodate the endless peoples seeking temporary or permanent residence in the U.S. Below is a brief timeline of these laws and highlights of groups disproportionately affected by these rules and procedures.

Naturalization Act of 1790 restricted naturalization to "free white persons" of "good moral character" who had resided in the country for two years and had kept their current state of residence for a year.

Alien and Sedition Acts of 1798 were a combined set of acts aimed at raising residency requirements for citizenship from 5 to 14 years, authorized the President to deport aliens, and permitted their arrest, imprisonment, and deportation during wartime. The Sedition Act made it a crime for American citizens to "print, utter, or publish . . . any false, scandalous, and malicious writing" about the Government.

1882 The Chinese Exclusion Act suspended all immigration of Chinese laborers for 10 years and forbade any court to admit Chinese people for citizenship. This law was not officially repealed until 1943.

The US immigration Act of 1907 reorganized the states bordering Mexico (Arizona, New Mexico and a large part of Texas) into Mexican Border District to stem the flow of immigrants into the U.S.

1917 - 1924 A series of laws were enacted to further limit the number of new immigrants. These laws established the quota system and imposed passport requirements. They expanded the categories of excludable aliens and banned all Asians except Japanese.
The Immigration Act of 1924 virtually ended all immigration from Japan and Asia. The law wasn't reversed until 1965, when a new law lifted restrictions and allowed much broader immigration from Asia.

1940 The Alien Registration Act required all aliens (non-U.S. citizens) within the United States to register with the Government and receive an Alien Registration Receipt Card (the predecessor of the "green card").

1952 Act Established the modern day US immigration system. It created a quota system which imposes limits on a per-country basis. It also established the preference system that gave priority to family members and people with special skills.

1968 Act Eliminated US immigration discrimination based on race, place of birth, sex and residence. It also officially abolished restrictions on ‘Oriental’ US immigration.

1986 Act Focused on curtailing illegal US immigration. It legalized hundred of thousands of illegal immigrants. It also introduced the employer sanctions program which fines employers for hiring illegal workers. It also passed tough laws to prevent bogus marriage fraud.

Immigration Act of 1990 set an annual limit of between 416,000 and 675,000 for family-sponsored preferences, employment preferences, and diversity immigrants.

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 made major changes in the public benefits available to legal immigrants. The Act makes even permanent residents ineligible for most federal benefits.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) is a sweeping piece of immigration reform which focuses on the quick removal of undocumented immigrants. This act vastly increased the categories of criminal activity for which immigrants, including green card holders, can be deported and imposed mandatory detention for certain types of deportation cases. As a result, well over 1,000,000 individuals have been deported since 1996.

USA Patriot Act 2001 purported to unite and strengthen America by providing appropriate tools required to intercept and obstruct terrorism.

Real ID Act 2005 creates a de facto national identification card. It is a law imposing federal technological standards and verification procedures on state driver's licenses and identification cards and would become mandatory as those without the card would face suspicion and increased scrutiny.

Some Additional Current Policies:

Instead of a "national origins system", the U.S. now has an "immigrant origins system" where increasing numbers of the recent immigrants sponsor increasing numbers of their relatives.

The result is that most legal immigrants now come from Asia and Latin America, and not Europe.

The number of persons who may be admitted to the United States as refugees each year is established by the President in consultation with Congress. The ceiling on refugee admissions was set at 70,000 each year from 2003 to 2006.

The Department of Homeland Security plan, Endgame,^[1] highlights a national plan to deport all 12 million undocumented immigrants in the United States by the year 2012. According to the document, the goal of Endgame expands on "a mission first articulated in the Alien and Sedition Acts of 1798." The ultimate goal is the capability to "remove all removable aliens," including "illegal economic migrants, aliens who have committed criminal acts, asylum-seekers (required to be retained by law) or potential terrorists."

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