Illegal immigration to the United States: Difference between revisions
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{{Short description|Immigration to the United States in violation of US law}} |
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{{Use American English|date=July 2015}} |
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'''Illegal immigration to the United States''' refers to the act of moving to or settling in the [[United States]] temporarily or permanently in violation of U.S. [[Immigration law|immigration]] and [[United States nationality law|nationality law]]. Immigration becomes illegal when immigrants either enter the country without authorization from the [[US Government]], or having entered the US with authorization, overstay their visa. The [[Immigration and Nationality Act]] governs immigration law. |
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{{Use mdy dates|date=October 2024}} |
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{{US citizenship and immigration}}[[Illegal immigration]], or unauthorized [[immigration]], occurs when [[foreign national#United States|foreign nationals]], known as [[alien (law)#United States|aliens]], violate [[US immigration laws]] by entering the United States unlawfully,<ref name="1325(a)" /><ref name="1181(c)" /> or by lawfully entering but then remaining after the expiration of their [[visa policy of the United States|visas]], [[Parole (United States immigration)|parole]] or [[temporary protected status]]. |
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July 2024 data for border crossings showed the lowest level of border crossing since September 2020.<ref>{{Cite web |last=Montoya-Galvez |first=Camilo |date=August 1, 2024 |title=Unlawful border crossings drop for 5th straight month, reaching lowest level since September 2020 |url=https://www.cbsnews.com/news/unlawful-border-crossings-drop-5th-straight-month-lowest-level-since-september-2020/ |access-date=August 3, 2024 |website=CBS News |language=en-US}}</ref> Between 2007 and 2018, visa overstays have accounted for a larger share of the growth in the [[Undocumented immigrant population of the United States|illegal immigrant population]] than illegal border crossings,<ref name="Seitz 2019">{{Cite news |last1=Seitz |first1=Amanda |last2=Weissert |first2=Will |date=January 4, 2019 |title=AP FACT CHECK: Visa overstays outpace border crossings |work=AP NEWS |url=https://apnews.com/48d0ad46f143478d9384410f5ae3d38b |access-date=January 11, 2019}}</ref> which have declined considerably from 2000 to 2018.<ref name="Qiu 2018">{{Cite news |last=Qiu |first=Linda |date=June 20, 2018 |title=Border Crossings Have Been Declining for Years, Despite Claims of a 'Crisis of Illegal Immigration' |language=en-US |work=The New York Times |url=https://www.nytimes.com/2018/06/20/us/politics/fact-check-trump-border-crossings-declining-.html |access-date=January 11, 2019}}</ref> In 2022, only 37% of illegal immigrants were from [[Mexico]], the smallest share on record.<ref name=":3">{{Cite web |last1=Passel |first1=Jeffrey S. |last2=Krogstad |first2=Jens Manuel |date=July 22, 2024 |title=What we know about unauthorized immigrants living in the U.S. |url=https://www.pewresearch.org/short-reads/2024/07/22/what-we-know-about-unauthorized-immigrants-living-in-the-us/ |access-date=August 3, 2024 |website=Pew Research Center |language=en-US}}</ref> El Salvador, India, Guatemala and Honduras were the next four largest countries.<ref name=":3" /> As of 2016, approximately two-thirds of illegal adult immigrants had lived in the US for at least a decade.<ref name="Pew 2017">{{Cite web |date=November 28, 2018 |title=5 facts about illegal immigration in the U.S. |url=http://www.pewresearch.org/fact-tank/2017/04/27/5-facts-about-illegal-immigration-in-the-u-s/ |access-date=January 11, 2019 |work=Pew Research Center |language=en-US}}</ref> As of 2022, unauthorized immigrants made up 3.3% of the US population, though nearly one-third of those immigrants have temporary permission to be in the United States, such as those in [[Deferred Action for Childhood Arrivals]].<ref name=":3" /> |
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==Demography== |
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Opponents of illegal immigration worry about [[Illegal immigration to the United States and crime|crime]], as well as possible social and economic burdens caused by migration.<ref>{{Cite web |last=Nowrasteh |first=Alex |year=2021 |title=The Most Common Arguments Against Immigration and Why They're Wrong |url=https://www.immigrationresearch.org/system/files/The%20Most%20Common%20Arguments%20Against%20Immigration%20and%20Why%20Theyre%20Wrong.pdf |access-date=September 3, 2022 |website=Immigration Research Library |publisher=[[Cato Institute]]}}</ref> Opponents also insist immigrants enter the United States through a formal process and do not want to reward those bypassing the system.<ref name=":2">{{Cite web |title=Illegal Immigration - Top Arguments For and Against |url=https://immigration.procon.org/ |access-date=September 3, 2022 |website=[[ProCon.org]] |language=en-US}}</ref><ref>{{Cite web |title=Why Don't Unauthorized Migrants Come Here Legally? |url=https://www.usccb.org/issues-and-action/human-life-and-dignity/immigration/whydonttheycomeherelegally |access-date=September 3, 2022 |website=[[United States Conference of Catholic Bishops]] |language=en}}</ref> |
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The population of the illegal immigrant population in the United States is hard to ascertain because of difficulties in unambiguously surveying this population, although according to [[NPR]], "Demographer Jeff Passell at the [[Pew Hispanic Center]] says illegal immigrants are surprisingly forthcoming when interviewed anonymously."[http://www.npr.org/templates/story/story.php?storyId=5365863] |
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Research shows that illegal immigrants increase the [[Economy of the United States|size of the US economy]], contribute to [[economic growth]], enhance the welfare of natives, contribute more in tax revenue than they collect, reduce American firms' incentives to [[offshoring|offshore]] jobs and import foreign-produced goods, and benefit consumers by reducing the prices of goods and services.<ref name="CBO 2007" /><ref name="Mayda 2017" /><ref name="Liu 2010" /><ref name="Palivos 2010" /> Economists estimate that legalization of the illegal immigrant population would increase the immigrants' earnings and consumption considerably, and increase US gross domestic product.<ref name="Rivera-Batiz 1999" /><ref name="Hall 2010" /><ref name="Bratsberg 2002" /><ref name="Dustmann 2017" /> Most scientific studies have shown that illegal immigrants commit less crime than natives and legal immigrants.<ref>{{Cite news |last1=Hesson |first1=Ted |last2=Rosenberg |first2=Mica |last3=Hesson |first3=Ted |last4=Rosenberg |first4=Mica |date=July 16, 2024 |title=Trump says migrants are fueling violent crime. Here is what the research shows |url=https://www.reuters.com/world/us/trump-focuses-migrants-crime-here-is-what-research-shows-2024-04-11/ |access-date=July 28, 2024 |work=Reuters |language=en |quote=A range of studies by academics and think tanks have shown that immigrants do not commit crime at a higher rate than native-born Americans. A more limited universe of studies specifically examine criminality among immigrants in the US illegally but also find that they do not commit crimes at a higher rate.}}</ref><ref name="Gonzalez 2017" /><ref name=":0" /> [[Sanctuary cities]]—which adopt policies designed to avoid prosecuting people solely for being in the country illegally—have no statistically meaningful impact on crime.<ref name="Collingwood 2016">{{Cite news|url=https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/03/sanctuary-cities-do-not-experience-an-increase-in-crime/|title=Sanctuary cities do not experience an increase in crime|last1=Collingwood|first1=Loren|last2=Gonzalez-O'Brien|first2= Benjamin|last3=El-Khatib|first3= Stephen|date=October 3, 2016|newspaper=Washington Post|access-date=October 3, 2016}}</ref><ref name="Martinez 2017" /> Research suggests that immigration enforcement has no impact on crime rates.<ref name="Collingwood 2016" /><ref name="Miles 2015" /><ref name="Baker 2015" /> |
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===Population Size=== |
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{{main|Illegal immigrant population of the United States}} |
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Estimates based on Census data, National surveys, administrative data and other sources indicate that the current [2/2007] illegal population is between 7 million and 20 million. <ref>{{cite news |
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|url=http://www.csmonitor.com/2006/0516/p01s02-ussc.html |
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|title=Illegal immigrants in the US: How many are there? |
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|author=Brad Knickerbocker |
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|publisher=The Christian Science Monitor |
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|date=May 16, 2006 |
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}}</ref>. |
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{{TOC limit|limit=3}} |
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===Origin=== |
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==Definitions== |
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{| class="toccolours" align="right" cellpadding="4" cellspacing="0" style="margin:0 0 1em 1em; font-size: 95%;" |
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The categories of foreign-born people in the United States are: |
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!align=“center”! colspan=8 bgcolor="#ccccff" align="center"| Country of Origin (January 2006) |
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* US citizens born outside the United States who are naturalized or [[Child Citizenship Act of 2000|citizens by adoption]]<ref>{{cite web|url=http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d84d6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d84d6811264a3210VgnVCM100000b92ca60aRCRD|title=Citizenship Through Naturalization|publisher=US Citizenship and Immigration Services: Department of Homeland Security|date=April 17, 2019|access-date=March 19, 2013|archive-date=February 24, 2013|archive-url=https://web.archive.org/web/20130224092256/http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=d84d6811264a3210VgnVCM100000b92ca60aRCRD&vgnextoid=d84d6811264a3210VgnVCM100000b92ca60aRCRD|url-status=dead}}</ref> |
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* Foreign-born non-citizens with current status to reside and/or work in the US (documented)<ref>{{cite web|url=https://travel.state.gov/visa/|title=Visas|publisher=US Department of State|url-status=dead|archive-url=https://web.archive.org/web/20140108035657/http://travel.state.gov/visa/|archive-date=January 8, 2014}}</ref> |
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* Foreign-born non-citizens without current status to reside and/or work in the US (illegal) |
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* Foreign-born non-citizens who are prohibited from entry (illegal and also inadmissible)<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/8/1182|title=Title 8 § 1182 – Inadmissible aliens|publisher=Cornell University Law School}}</ref> |
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The latter two constitute illegal immigrants: as they have no legal documentation to entitle them to be in the US, they are also referred to as undocumented immigrants or undocumented Americans.<ref name="Diary" > |
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{{ Cite journal |
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| year = 2021 |
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| volume = 16 |
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| first = Juan |
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| last = Poblete |
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| pages = 123–139 |
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| journal = [[Camino Real: Estudios de las Hispanidades Norteamericanas]] |
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| title = Diary of an Undocumented Dreamer. Undocumented Vignettes from a Pre-American Life and the Heterogeneity of American Life |
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}} |
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</ref><ref name="American-Psychological-Association" > |
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{{ Cite web |
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| access-date = November 6, 2022 |
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| year = 2022 |
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| url = https://www.apa.org/topics/immigration-refugees/undocumented-video |
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| publisher = [[American Psychological Association]] (APA) |
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| title = Undocumented Americans |
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}} |
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</ref> |
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==History== |
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{{further|History of immigration to the United States}} |
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{{See also|List of United States immigration laws}} |
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Rigorous immigration controls were first enacted with the [[Page Act of 1875]], banning Chinese women, and the [[Chinese Exclusion Act of 1882]], expanded to all Chinese immigrants.<ref>George Anthony Peffer, "Forbidden Families: Emigration Experiences of Chinese Women under the Page Law, 1875-1882" ''Journal of American Ethnic History'' (1986). 6#1: 28–46. [https://www.jstor.org/stable/27500484 online] </ref> |
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===Supreme Court decisions=== |
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Since the late 19th century, various Supreme Court rulings established the Constitutional rights of illegal immigrants. In [[Yick Wo v. Hopkins|''Yick Wo v. Hopkins'' (1886)]], the court ruled that under the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]], all people, regardless of "race, of color, or of nationality" have the right to due process and equal protection under the law.<ref>{{Cite web | url=http://caselaw.findlaw.com/us-supreme-court/118/356.html |title = FindLaw's United States Supreme Court case and opinions}}</ref> A similar ruling of [[Wong Wing v. United States|''Wong Wing v. US'' (1896)]] stated that all persons within the territory of the United States are afforded equal protections under the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] and [[Sixth Amendment to the United States Constitution|Sixth Amendment]].<ref name="caselaw.findlaw.com">{{Cite web | url=http://caselaw.findlaw.com/us-supreme-court/163/228.html |title = FindLaw's United States Supreme Court case and opinions}}</ref> |
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A 1904 court decision defined any alien as lacking Constitutional rights when not within the United States.{{efn|"... if an alien is not permitted to enter this country, or, having entered contrary to law, is expelled, he is in fact cut off from worshipping or speaking or publishing or petitioning in the country; but that is merely because of his exclusion therefrom. He does not become one of the people to whom these things are secured by our Constitution by an attempt to enter, forbidden by law. To appeal to the Constitution is to concede that this is a land governed by that supreme law, and as under it the power to exclude has been determined to exist, those who are excluded cannot assert the rights in general obtaining in a land to which they do not belong as citizens or otherwise." United States ex. rel. Turner v. Williams.}} |
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=== Legislation === |
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The [[Naturalization Act of 1906]], required immigrants to learn English in order to become citizens. The [[Immigration Act of 1917]] defined aliens with a long list of undesirables, including most Asians.<ref>{{cite web|last=Bromberg|first=Howard|title=Immigration Act of 1917|url=http://immigrationtounitedstates.org/588-immigration-act-of-1917.html|website=Immigration to the United States|access-date=August 16, 2018 |archive-url=https://web.archive.org/web/20151122000936/http://immigrationtounitedstates.org/588-immigration-act-of-1917.html|archive-date=November 22, 2015|url-status=dead}}</ref> The US had otherwise nearly [[open border]]s until the early 20th century,<ref name=stanford>{{Cite news|url=http://news.stanford.edu/news/2014/august/immigration-myth-debunked-080714.html|title=European immigrants to America in early 20th century assimilated successfully, Stanford economist says|work=Stanford University|access-date=September 2, 2017|language=en}}</ref><ref name=boustan>{{Cite journal|last1=Abramitzky|first1=Ran|last2=Boustan|first2=Leah Platt|date=2017 |title=Immigration in American Economic History |journal= Journal of Economic Literature |volume=55 |issue=4 |pages=1311–1345 |doi=10.1257/jel.20151189 |pmid=29398723|pmc=5794227}}</ref><ref name=muller>{{Cite book|url=https://books.google.com/books?id=vZs-AAAAQBAJ&pg=PA5|title=Immigrants and the American City|last=Muller|first=Thomas|date=1993|publisher=New York University Press|isbn=9780814763278|language=en}}</ref> with only 1% rejected from 1890 to 1924, usually because they failed the mental or health exam.<ref name=Philly2017-06-25>{{Cite news|url=http://www.philly.com/philly/news/breaking/your-immigrant-ancestors-came-here-legally-are-you-sure-20170625.html|title=Your immigrant ancestors came here legally? Are you sure?|work=[[The Philadelphia Inquirer]]|publisher=Philly.com|date=June 25, 2017}}</ref><ref name=kraut>Alan M. Kraut, "Plagues and Prejudice: Nativism's Construction of Disease in Nineteenth- and Twentieth-Century New York City," in David Rosner, ed., ''Hives of Sickness: Public Health and Epidemics in New York City'' (New Brunswick, 1995), p. 70: "The number of immigrants returned to their ports of origin never excessed 3 percent of the new arrivals in any given year [during the 1890–1924 period of peak immigration], and the average for the entire period was well below 1 percent."</ref> While immigration laws during those years were loose, laws limiting naturalization to those of "white" and "African" meant many other immigrants had difficulty acquiring citizenship. These regulations immediately created problems of interpretation – the contentious question of who was and was not "white" vexed even the officials charged with enforcing the law and led to significant criticism. The [[Union of American Hebrew Congregations]] noted that under the standing interpretation that Turks, Syrians, Palestinians and Jews were not white, "even Jesus of Nazareth himself" would be excluded from citizenship. As a result, judges and immigration officials often admitted and naturalized technically ineligible people as a form of protest against the laws.<ref>{{Cite web|url=https://www.nationalgeographic.com/culture/2018/10/birthright-citizenship-explainer-united-states-history/|archive-url=https://web.archive.org/web/20181031231753/https://www.nationalgeographic.com/culture/2018/10/birthright-citizenship-explainer-united-states-history/|url-status=dead|archive-date=October 31, 2018|title=How the Founding Fathers understood U.S. citizenship|date=October 31, 2018|website=Culture|language=en|access-date=December 26, 2019}}</ref><ref name=ArchivesPrologue>{{Cite web|url=https://www.archives.gov/publications/prologue/2002/summer/immigration-law-1.html|title=Race, Nationality, and Reality|date=August 15, 2016|website=National Archives|language=en|access-date=December 26, 2019}}</ref> |
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The [[Immigration Act of 1924]] established visa requirements and enacted quotas for immigrants from specific countries, especially with low quotas for Southern and Eastern Europeans.<ref name=Philly2017-06-25/> Especially it affected Italians and Jews.<ref>Maddalena Marinari, ''Unwanted: Italian and Jewish mobilization against restrictive immigration laws, 1882–1965'' (UNC Press Books, 2019) pp 43-70.</ref> It also prohibited all Asians from immigrating.<ref name=gov>{{cite web| url=https://history.state.gov/milestones/1921-1936/immigration-act | work=U.S Department of State Office of the Historian | title=The Immigration Act of 1924 (The Johnson-Reed Act) | access-date=December 30, 2018}}</ref> |
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By 1940, administrative and legislative action had loosened racial restrictions on naturalization of immigrants, including a ruling that Mexicans were considered white for immigration and naturalization purposes, and a law permitting the naturalization of "descendants of races indigenous to the Western Hemisphere."<ref name="ArchivesPrologue" /> The quotas were eased in the [[Immigration and Nationality Act of 1952]]. |
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The decisive opening came in 1965, a year after the [[Civil Rights Act of 1964]] outlawed discrimination based on race or national origin.<ref name="washpost">{{cite news|last=Fisher|first=Marc|title=Open doors, slamming gates: The tumultuous politics of U.S. immigration policy|url=https://www.washingtonpost.com/politics/open-doors-slamming-gates-the-tumultuous-politics-of-us-immigration-policy/2017/01/28/b646ea48-e57a-11e6-a453-19ec4b3d09ba_story.html|date=January 28, 2017|newspaper=[[The Washington Post]]|access-date=December 30, 2018}}</ref> The [[Immigration and Nationality Act of 1965]] abolished the quota system. The 1965 Act also established several new limits to which immigrants would be admissible for permanent residence in the United States.<ref>{{Cite web|url=https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet|title=Public Charge Fact Sheet|date=December 12, 2019|website=USCIS|language=en|access-date=January 2, 2020|archive-date=December 18, 2019|archive-url=https://web.archive.org/web/20191218221302/https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet|url-status=dead}}</ref> A [[Immigration Act of 1990|1990 act]] increased the annual immigrant limit to 675,000 per year. |
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In 1996, Congress debated two immigration bills, one focused on limiting legal immigration and another on illegal immigration.<ref>{{Cite web|url=http://www.visalaw.com/iirira-96-a-summary-of-the-new-immigration-bill/|title=IIRIRA 96 - A Summary of the New Immigation Bill|date=November 30, 1996|website=Siskind Susser PC|language=en-US|access-date=January 2, 2020}}</ref> The legal [[immigration reform]] bills failed to pass, while the illegal immigration bill was passed in the form of the [[Illegal Immigration Reform and Immigrant Responsibility Act of 1996]]. President [[Bill Clinton]] signed the Act into law and it became effective on April 1, 1997. The key components of the Act included increasing the number of border agents, increasing penalties on those who assisted illegal immigrants into the United States, creating a 10-year re-entry ban on those who had been deported after living in the US illegally for over one year, and expanding the list of crimes that any immigrant (regardless of legal status) could be deported for. |
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In February 2024 and again in May 2024, Republicans in the Senate blocked a border security bill Biden had pushed for to reduce the number of migrants who can claim asylum at the border and provide more money for Customs and Border Protection officials, asylum officers, immigration judges and scanning technology at the border.<ref name=":33">{{Cite web |last1=Groves |first1=Stephen |last2=Santana |first2=Rebecca |last3=Jalonick |first3=Mary Clare |date=May 23, 2024 |title=Border bill fails Senate test vote as Democrats seek to underscore Republican resistance |url=https://apnews.com/article/border-immigration-senate-vote-924f48912eecf1dc544dc648d757c3fe |access-date=August 27, 2024 |website=AP News |language=en}}</ref> It was negotiated in a bipartisan manner and initially looked like it had the votes to pass until Donald Trump opposed it, citing that it would boost Biden's reelection chances.<ref>{{Cite news |last=Gambino |first=Lauren |date=May 23, 2024 |title=Senate Republicans block bipartisan border security bill for a second time |url=https://www.theguardian.com/us-news/article/2024/may/23/senate-democrats-immigration-border-bill |access-date=August 27, 2024 |work=The Guardian |language=en-GB |issn=0261-3077}}</ref><ref name=":33" /><ref>{{Cite web |last1=Kapur |first1=Sahil |last2=Santaliz |first2=Kate |date=May 23, 2024 |title=Senate Republicans block border security bill as they campaign on border chaos |url=https://www.nbcnews.com/politics/congress/senate-republicans-block-border-security-bill-campaign-border-chaos-rcna153607 |access-date=August 27, 2024 |website=NBC News |language=en}}</ref> Five senators on the left voted against it for not providing enough relief for migrants already in the United States.<ref name=":33" /> |
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===Border controls=== |
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[[File:1925- Border encounters nationwide per US population.svg |thumb |As a proportion of U.S. population, nationwide border encounters have varied substantially over the decades.<ref name=CPB_encounters_per_population>● Encounter data through 2020: {{cite web |title=Nationwide Encounters Fiscal Years 1925 - 2020 |url=https://www.cbp.gov/sites/default/files/assets/documents/2021-Aug/U.S.%20Border%20Patrol%20Total%20Apprehensions%20%28FY%201925%20-%20FY%202020%29%20%28508%29.pdf |publisher=U.S. Customs and Border Protection |archive-url=https://web.archive.org/web/20241210010127/https://www.cbp.gov/sites/default/files/assets/documents/2021-Aug/U.S.%20Border%20Patrol%20Total%20Apprehensions%20(FY%201925%20-%20FY%202020)%20(508).pdf |archive-date=10 December 2024 |url-status=live}} "Beginning in March FY20, USBP encounters statistics include both Title 8 apprehensions and Title 42 expulsions."<br>● Encounter data for 2021-2023: {{cite web |title=Statistics on unauthorized US immigration and US border crossings by year |url=https://usafacts.org/articles/what-can-the-data-tell-us-about-unauthorized-immigration/ |publisher=USA Facts |archive-url=https://archive.ph/5BTWP |archive-date=21 December 2024 |date=2024 |quote=Chart: Nationwide border encounters by category, FY 1980 – 2023 |url-status=live}}<br>● Data source for U.S. population: {{cite web |title=Historical Population Change Data (1910-2020) / Population Change |url=https://www.census.gov/data/tables/time-series/dec/popchange-data-text.html |publisher=U.S. Census Bureau |archive-url=https://web.archive.org/web/20241202100939/https://www.census.gov/data/tables/time-series/dec/popchange-data-text.html |archive-date=2 December 2024 |date=26 April 2021 |url-status=live}} Data between each decade's value is linearly interpolated.</ref>]] |
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As early as 1904, mounted border watchmen were employed by the [[Immigration and Naturalization Service|US Immigration Service]] to prevent illegal southern border crossings.<ref name="cbp.gov">{{Cite web|url=https://www.cbp.gov/border-security/along-us-borders/history|title=Border Patrol History |website=US Customs and Border Protection |access-date=January 2, 2020}}</ref> [[Texas Ranger Division|Texas Rangers]] were also often employed along the Texas border with Mexico.<ref>Joseph E. Chance, nd Milo Kearney, "The Legacy of the Texas Rangers on the Texas Mexico Border in Light of the Emergence of the Texas Minutemen." ''Further Studies in Rio Grande Valley History'' (2006): 171+.</ref> |
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The [[United States Border Patrol|US Border Patrol]] was also officially created in 1924, with its duties in 1925 broadened to include guarding the sea coast. Illegal entry into the United States became a particular problem during Prohibition, when bootleggers and smugglers would illegally enter the country to transport alcohol.<ref name="cbp.gov"/> |
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The debate over illegal immigration has continued amongst the fear of potential terrorist attacks in the wake of the [[September 11 attacks]] in 2001 and the lack of an effective [[Mexico–United States barrier]]. President [[Donald Trump]] enacted a [[Executive Order 13769|travel ban from seven Muslim-majority countries]], which was [[Washington v. Trump|struck down as unconstitutional]] and replaced by a [[Executive Order 13780|narrower version]] drafted by the Justice Department, which Trump described as "watered down, politically correct" and which was subsequently upheld by the Supreme Court.<ref>{{cite news|url=http://www.cnn.com/2017/06/05/politics/trump-travel-ban-courts/index.html|title=Trump says he's calling it a 'travel ban'|last1=Scott|first1=Eugene|last2=De Vogue|first2=Ariane|date=June 5, 2017|work=CNN|access-date=January 5, 2019}}</ref> During his election campaign, Trump promised to make Mexico pay for [[Mexico–United States barrier#Trump administration|a new border wall]]. The Mexican government refused to do so, and US taxpayers paid for the wall.<ref>{{Cite web |date=January 13, 2021 |title=Fact check: Mexico never paid for it. But what about Trump's other border wall promises? |url=https://www.nbcnews.com/politics/donald-trump/fact-check-mexico-never-paid-it-what-about-trump-s-n1253983 |access-date=March 21, 2024 |website=NBC News |language=en}}</ref> The federal government entered [[2018–2019 United States federal government shutdown|a partial shutdown from December 22, 2018, to January 25, 2019]], in a standoff over Trump's demand for $5.7 billion in funding for the wall.<ref>{{Cite web|url=https://www.cnbc.com/2019/01/28/trump-on-government-shutdown-border-wall-funding-deal-wsj.html|title=Trump tells WSJ another government shutdown is 'certainly an option'|first=Yen Nee|last=Lee|date=January 28, 2019|website=CNBC|access-date=May 21, 2020}}</ref> |
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===US Marines scandal=== |
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In 2020, 24 [[United States Marine Corps|US Marines]] were discharged after an investigation over their alleged involvement in drug crimes and a human smuggling operation along the [[Mexico–United States border|US–Mexico border]].<ref>{{cite web|title=24 California Marines Kicked Out Over Smuggling and Drug Charges|url=https://www.military.com/daily-news/2020/02/08/24-california-marines-kicked-out-over-smuggling-and-drug-charges.html|publisher=Gina Harkins|access-date= April 17, 2021|date=February 8, 2020}}</ref> The investigation began when US Border Patrol agents arrested two marines for transporting three illegal Mexican immigrants on July 3, 2019.<ref>{{cite web|title=2 Marines charged after trying to smuggle undocumented immigrants: Court records|url=https://abcnews.go.com/Politics/marines-charged-smuggle-undocumented-immigrants-court-records/story?id=64240782|publisher=Elizabeth McLaughlin|access-date= April 17, 2021|date=July 10, 2019}}</ref> A few weeks later 16 marines and a [[United States Navy|US Navy]] sailor were arrested on base during a battalion formation on July 25, 2019.<ref>{{cite web|title=16 Marines Arrested for Alleged Human Smuggling, Drug-Related Offenses|url=https://news.usni.org/2019/07/25/16-marines-arrested-for-alleged-human-smuggling-drug-related-offenses|publisher=Gidget Fuentes|access-date= April 17, 2021|date=July 25, 2019}}</ref><ref>{{cite web|title=18 US Marines, one sailor arrested for alleged crimes including human smuggling and drug-related offenses|url=https://www.cnn.com/2019/07/25/politics/us-marines-arrested|publisher=By Zachary Cohen and Barbara Starr|access-date= April 17, 2021|date=July 27, 2019}}</ref> The last arrest occurred on December 2, 2019, when a marine was caught transporting two illegal Chinese immigrants near the border.<ref>{{cite web|title=Marine private first class accused of attempting to smuggle two Chinese women into the United States|url=https://www.marinecorpstimes.com/news/marine-corps-times/2019/12/11/marine-private-first-class-accused-of-smuggling-two-chinese-women-into-the-us/|publisher=Phiplip Athey|access-date= April 17, 2021|date=December 11, 2019}}</ref> |
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The ring leader of the human smuggling operation was identified as Francisco Saul Rojas-Hernandez. Some of the marines in court said Francisco Saul Rojas-Hernandez would pay them $1,000 per person that they helped transport.<ref>{{cite web|title=Man Charged After Marines Allege He Recruited Them for Smuggling Operations|url=https://www.military.com/daily-news/2020/02/06/man-charged-after-marines-allege-he-recruited-them-smuggling-operations.html|publisher=Gina Harkins|access-date= April 17, 2021|date=February 6, 2019}}</ref><ref>{{cite web|title=13 Marines charged with offenses related to alleged human smuggling operations|url=https://www.marinecorpstimes.com/news/your-marine-corps/2019/09/20/13-marines-charged-with-offenses-related-to-alleged-human-smuggling-operations/|publisher=Shawn Snow|access-date= April 17, 2021|date=September 20, 2019}}</ref> 8 marines plead guilty, however some of the marines had their charges dropped after a judge said that the arrest of the 16 marines in front of a battalion formation was a violation of their rights. The US Marine Corps still took administrative or judicial action against the 24 marines involved. According to 1st Lieutenant Cameron Edinburgh, one marine received a general discharge under honorable conditions, at least one marine received a dishonorable discharge, two received bad conduct discharges, and 19 received other than honorable discharges. The Navy sailor was also removed from service with a bad conduct discharge.<ref>{{cite web|title=First two Marines arrested in massive Camp Pendleton human smuggling ring get prison time|url=https://taskandpurpose.com/news/camp-pendleton-smuggling-ring-jail/|publisher=Paul Szoldra|access-date= April 17, 2021|date=March 18, 2020}}</ref> |
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==Profile and demographics== |
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{{Main|Illegal immigrant population of the United States}}{{Update|section|date=May 2024|reason=https://www.dhs.gov/sites/default/files/publications/immigration-statistics/Pop_Estimate/UnauthImmigrant/unauthorized_immigrant_population_estimates_2015_-_2018.pdf}} |
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In 2012, an estimated 14 million people live in families in which the head of household or the spouse is in the United States without authorization.<ref name="autogenerated9" /> Illegal immigrants arriving recently before 2012 tend to be better educated than those who have been in the country a decade or more. A quarter of all immigrants who have arrived in recently before 2012 have at least some college education. Nonetheless, illegal immigrants as a group tend to be less educated than other sections of the US population: 49 percent have not completed high school, compared with 9 percent of native-born Americans and 25 percent of legal immigrants.<ref name="autogenerated9" /> |
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Illegal immigrants work in many sectors of the US economy. Illegal immigrants have lower incomes than both legal immigrants and native-born Americans, but earnings do increase somewhat the longer an individual is in the country.<ref name="autogenerated9" /> |
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===Breakdown by state=== |
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The following data table shows a spread of distribution of locations where illegal immigrants resided by state, {{as of|2021|lc=y}}.<ref name="pew" /> |
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{|class="wikitable sortable" style="text-align:right;" |
|||
|+ Illegal immigrants to US by state of residence |
|||
!scope="col"| State of residence |
|||
!scope="col"| Estimated population, January 2021 |
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!scope="col"| Percent of total |
|||
|- |
|- |
||
!scope="row"| All states |
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|colspan=8|<hr> |
|||
|'''10,500,000''' |
|||
|'''100''' |
|||
|- |
|- |
||
!scope="row"| California |
|||
!align="right"|Mexico|| 6,840,000 ||57% |
|||
|1,850,000 |
|||
|18 |
|||
|- |
|- |
||
!scope="row"| Texas |
|||
!align="right"|Latin & Central Amer.|| align="right"|3,000,000 ||25% |
|||
| 1,600,000 |
|||
| 15 |
|||
|- |
|- |
||
!scope="row"| Florida |
|||
!align="right"|Asia|| 1,080,000 ||9% |
|||
| 900,000 |
|||
| 9 |
|||
|- |
|- |
||
!scope="row"| New York |
|||
!align="right"|Europe + Canada|| 720,000 ||6% |
|||
| 600,000 |
|||
| 6 |
|||
|- |
|- |
||
!scope="row"| New Jersey |
|||
!align="right"|Rest of World|| 480,000 ||4% |
|||
| 450,000 |
|||
| 4 |
|||
|- |
|||
!scope="row"| Illinois |
|||
| 400,000 |
|||
| 5 |
|||
|- |
|||
!scope="row"| Georgia |
|||
| 350,000 |
|||
| 3 |
|||
|- |
|||
!scope="row"| North Carolina |
|||
| 325,000 |
|||
| 3 |
|||
|- |
|||
!scope="row"| Massachusetts |
|||
| 300,000 |
|||
| 3 |
|||
|- |
|||
!scope="row"| Washington |
|||
| 300,000 |
|||
| 3 |
|||
|- |
|||
!scope="row"| Other states |
|||
| 3,425,000 |
|||
| 31 |
|||
|} |
|} |
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According to a Pew Hispanic Center report, Mexicans make up about 57 percent of the illegal immigrants with another 24 percent coming from [[Central American]] and [[South American]] countries, approximately 9 percent from [[Asia]], 6 percent from [[Europe]] and [[Canada]], with the remaining 4 percent from the rest of the world <ref>{{cite news |
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|url=http://pewhispanic.org/files/reports/44.pdf |
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|title=Estimates of the Size and Characteristics of the Undocumented Population |
|||
|author=Jeffrey S. Passel |
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|publisher=Pew Hispanic Center |
|||
|date=March 21, 2005 |
|||
}}</ref>. |
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=== |
===Population=== |
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From 2005 to 2009, the number of people entering the US illegally every year declined from a yearly average of 850,000 in the early 2000s to 300,000 in 2009, according to the Pew Hispanic Center.<ref name="number drops 2010"/> The most recent estimates put the number of illegal immigrants at 11 million in 2015, representing 3.4% of the total US population.<ref name="Pew 2017"/> The population of illegal immigrants peaked in 2007, when it was estimated at 12.2 million and 4% of the total US population.<ref name="Pew 2017"/><ref name="Economic and Fiscal 2016">{{Cite book |title=The Economic and Fiscal Consequences of Immigration |date=September 21, 2016 |publisher=National Academy of Sciences |isbn=9780309444453 |editor1-last=Blau |editor1-first=Francine D. |language=en |chapter=9. State and Local Effects of Immigration |doi=10.17226/23550 |hdl=10919/83151 |access-date=May 25, 2019 |editor2-last=Mackie |editor2-first=Christopher |chapter-url=http://www.ncsl.org/documents/taskforces/NAS_EconomicImpactsStates_chapter9.pdf |archive-url=https://web.archive.org/web/20220609211558/https://www.ncsl.org/documents/taskforces/NAS_EconomicImpactsStates_chapter9.pdf |archive-date=June 9, 2022 |url-status=dead}}</ref> As of 2014, illegal immigrant adults had lived in the US for a median of 13.6 years, with approximately two-thirds having lived in the US for at least a decade.<ref name="Pew 2017"/> Pew Research estimated in 2017 that there were over seven million illegal immigrants in the US workforce.<ref>{{Cite web|url=https://www.pewresearch.org/fact-tank/2019/06/12/5-facts-about-illegal-immigration-in-the-u-s/|title=5 facts about illegal immigration in the U.S.|website=Pew Research Center|date=June 12, 2019 |language=en-US|access-date=December 27, 2019}}</ref> |
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{| class="toccolours" align="center" cellpadding="4" cellspacing="0" style="margin:0 0 1em 1em; font-size: 95%;" |
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|| |
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Narrowing the discussion to only Mexican nationals, a 2015 study performed by demographers of the [[University of Texas at San Antonio]] and the [[University of New Hampshire]] found that immigration from Mexico; both legal and illegal, peaked in 2003 and that from the period between 2003 and 2007 to the period of 2008 to 2012, immigration from Mexico decreased 57%. The dean of the College of Public Policy of the University of Texas at San Antonio, Rogelio Saenz, states that lower birth rates and the growing economy in Mexico slowed emigration, creating more jobs for Mexicans. Saenz also states that Mexican immigrants are no longer coming to find jobs but to flee from violence, noting that the majority of those escaping crime "are far more likely to be naturalized US citizens".<ref>{{cite news|last=Forsyth|first=Jim|title=Study: Immigration from Mexico to the US has dropped 57 percent since the mid-2000s|url=http://www.businessinsider.com/r-immigration-to-us-from-mexico-drops-sharply-study-2015-7|access-date=July 23, 2015|work=[[Business Insider]]|date=July 22, 2015}}</ref> |
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According to a 2017 National Bureau of Economic Research paper, "The number of undocumented immigrants has declined in absolute terms, while the overall population of low-skilled, foreign-born workers has remained stable. ... because major source countries for US immigration are now seeing and will continue to see weak growth of the labor supply relative to the United States, future immigration rates of young, low-skilled workers appear unlikely to rebound, whether or not US immigration policies tighten further."<ref>{{Cite journal|last1=Hanson|first1=Gordon|last2=Liu|first2=Chen|last3=McIntosh|first3=Craig|date=August 2017|title=The Rise and Fall of U.S. Low-Skilled Immigration|journal=Brookings Papers on Economic Activity |volume=2017 |issue=1 |pages=83–168 |jstor=90013169 |doi=10.1353/eca.2017.0001|s2cid=158513921|url=http://www.nber.org/papers/w23753.pdf}}</ref> |
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===Children=== |
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{{see also|DREAM Act}} |
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The [[Pew Hispanic Center]] determined that according to an analysis of [[Census Bureau]] data about 8 percent of children born in the United States in 2008—about 340,000—were offspring of illegal immigrants. (The report classifies a child as offspring of illegal immigrants if ''either'' parent is unauthorized.) In total, 4 million US-born children of illegal immigrant parents resided in the country in 2009.<ref>{{cite web |url=http://www.pewhispanic.org/2010/08/11/unauthorized-immigrants-and-their-us-born-children/ |publisher=[[Pew Hispanic Center]] |title=Unauthorized Immigrants and Their U.S.-Born Children |date=August 11, 2010}}</ref> These infants are, according to the longstanding administrative interpretation of the [[Fourteenth Amendment to the United States Constitution]], United States citizens from birth. Congress has never legislated, nor the Supreme Court specifically ruled on whether babies born to visiting foreign nationals are eligible for automatic US Citizenship. These children are sometimes referred to as [[anchor babies]] because of the belief that the mother gave birth in the United States as a way to anchor their family in the US. The provisions of the [[Illegal Immigration Reform and Immigrant Responsibility Act of 1996|1996 immigration law]] mean that an undocumented parent of a citizen child who entered the country without permission ("[[illegal entry]]") would need to leave the United States and wait a number of years before they would be able to apply for a visa to return to the US or gain legal residency on the basis of family reunification, while undocumented parents who legally entered the United States (for example overstaying a visa) can in some cases be sponsored by their adult citizen child for legal residency without necessarily having to leave the country. Additionally, households headed by an undocumented parent are not eligible for many public assistance programs (ex. not eligible for [[Temporary Assistance for Needy Families|TANF]] or temporary cash assistance to families with children in extreme poverty, "[[Affordable Care Act|Obamacare]]" subsidies for health insurance or expanded [[Medicaid]] to working-age low-income adults, public housing, [[Section 8 (housing)|Section 8 housing voucher]] program) regardless of whether their child is a United States citizen or not, with some exceptions (Medicaid/SCHIP for the US citizen child, SNAP/"foodstamps" on behalf of a US citizen child, the temporarily expanded [[Child tax credit (United States)|child-tax credit]] in 2021–2022, as well as some state and city programs specifically designed to include undocumented residents and their families) <ref>{{cite web|last=Semotiuk|first=Andy|title=Immigration: The Myth Of The 'Anchor Baby'|url=https://www.forbes.com/sites/andyjsemotiuk/2014/09/22/immigration-the-myth-of-the-anchor-baby/|work=Forbes|access-date=August 13, 2015}}</ref> |
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=== Organized migrant caravans === |
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{{main|Central American migrant caravans}} |
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For several years, [[Pueblo Sin Fronteras]], which means "People Without Borders" has organized an annual part-protest, part-mass migration march, from Honduras, through Mexico, to the United States border, where asylum in the United States is requested.<ref>{{cite web|url=https://www.newstatesman.com/politics/staggers/2018/04/why-trump-s-military-response-migrant-caravan-so-scary|title=Why Trump's military response to a "migrant caravan" is so scary|date=April 5, 2018|publisher=newstatesman|access-date=October 17, 2018}}</ref> In April 2018, the annual "Stations of the Cross Caravan" saw 1,000 Central Americans trying to reach the United States, prompting President Trump to deem it a threat to national security and announce plans to send the national guard to protect the US border.<ref>{{cite news|url=https://www.theguardian.com/world/2018/apr/05/view-inside-mexico-migrant-caravan-trump-border-wall|title='If our countries were safe, we wouldn't leave': the harsh reality of Mexico's migrant caravan|date=April 6, 2018|newspaper=The Guardian|access-date=October 17, 2018}}</ref> In October 2018, a second caravan of the year left the city of [[San Pedro Sula]] the day after US vice-president, Mike Pence, urged the presidents of Honduras, El Salvador and Guatemala to persuade their citizens to stay home.<ref>{{cite news|url=https://www.theguardian.com/world/2018/oct/15/guatemala-caravan-honduras-migrants-border-reject|title='Yes, we can': caravan of 1,600 Honduran migrants crosses Guatemala border|date=April 6, 2018|newspaper=The Guardian|access-date=October 17, 2018}}</ref> |
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===2011–2016 surge in unaccompanied minors from Central America=== |
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{{Main|2014 American immigration crisis}} |
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Over the period 2011–2016, US Border Patrol apprehended 178,825 unaccompanied minors from El Salvador, Honduras, and [[Guatemalan immigration to the United States|Guatemala.]]<ref>{{Cite web|url=http://americasquarterly.org/content/how-central-american-youth-test-outdated-us-immigration-system|title=How Central American Youth Test Outdated U.S. Immigration Laws|website=americasquarterly.org|access-date=September 13, 2017}}</ref> The provisions of the [[Victims of Trafficking and Violence Protection Act of 2000|William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008]], which specifies safe repatriation of unaccompanied children (other than those trafficked for sex or forced labor) from countries which do not have a common border with the United States, such as the nations of Central America other than Mexico, made expeditious deportation of the large number of children from Central America who came to the United States in 2014 difficult and expensive, prompting a call by President Barack Obama for an emergency appropriation of $4 billion<ref name="NYT7814">{{cite news|author1=Michael D. Shear |author2=Jeremy W. Peters|title=Obama Asks for $3.7 Billion to Aid Border|url=https://www.nytimes.com/2014/07/09/us/obama-seeks-billions-for-children-immigration-crisis.html|access-date=July 9, 2014|work=The New York Times|date=July 8, 2014|quote=an urgent humanitarian situation.}}</ref> and resulting in discussions by the Department of Justice and Congress of how to interpret or revise the law in order to expedite handling large numbers of children under the act.<ref name="NYT7914">{{cite news|last=Hulse |first=Carl |title=Immigrant Surge Rooted in Law to Curb Child Trafficking|url=https://www.nytimes.com/2014/07/08/us/immigrant-surge-rooted-in-law-to-curb-child-trafficking.html|access-date=July 9, 2014|work=The New York Times|date=July 9, 2014}}</ref> |
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A 2016 study found that [[Deferred Action for Childhood Arrivals]] (DACA), which allows illegal immigrants who migrated to the United States before their 16th birthday and prior to June 2007 to temporarily stay, did not significantly impact the number of apprehensions of unaccompanied minors from Central America.<ref name="Amuedo-Dorantes 2016">{{Cite journal|last1=Amuedo-Dorantes|first1=Catalina |author-link1=Catalina Amuedo-Dorantes|last2=Puttitanun|first2=Thitima|date=August 1, 2016|title=DACA and the Surge in Unaccompanied Minors at the US-Mexico Border |journal=International Migration |volume=54|issue=4|pages=102–117|doi=10.1111/imig.12250}}</ref> Rather, the study stated, "the 2008 ''Williams Wilberforce Trafficking Victims Protection Reauthorization Act'', along with violence in the originating countries and economic conditions in both the countries of origin and the United States, emerge as some of the key determinants of the recent surge in unaccompanied minors apprehended along the southwest US–Mexico border."<ref name="Amuedo-Dorantes 2016"/> According to a 2015 report by the Government Accountability Office, the primary drivers of the surge "were crime and lack of economic opportunity at home. Other reasons included education concerns, desire to rejoin family and aggressive recruiting by smugglers."<ref>{{Cite news|url=http://www.pbs.org/newshour/rundown/ap-fact-check-trump-administration-said-daca/|title=AP FACT CHECK: What the Trump administration said about DACA|work=PBS NewsHour|access-date=September 6, 2017|language=en-US}}</ref> A 2017 Center for Global Development study stated that violence was the primary driver behind the surge in unaccompanied Central American minors to the United States: an additional 10 homicides in Central America made 6 unaccompanied children flee to the US.<ref name="Clemens 2017">{{Cite report|url=https://www.cgdev.org/publication/violence-development-and-migration-waves-evidence-central-american-child-migrant|title=Violence, Development, and Migration Waves: Evidence from Central American Child Migrant Apprehensions – Working Paper 459|last=Clemens|first=Michael A.|work=Center For Global Development|date=July 27, 2017|access-date=September 2, 2017|language=en}}</ref> The widespread promulgation of false "permiso" rumors by human smugglers, as well as migrant perception of the Obama administration's immigration policies, also played a part in the increase.<ref>{{Cite news|url=https://www.washingtonpost.com/politics/influx-of-minors-across-texas-border-driven-by-belief-that-they-will-be-allowed-to-stay-in-us/2014/06/13/5406355e-f276-11e3-9ebc-2ee6f81ed217_story.html|title=Influx of minors across Texas border driven by belief that they will be allowed to stay in U.S.|first=David|last=Nakamura|date=June 13, 2014|access-date=May 21, 2020|newspaper=The Washington Post}}</ref><ref>{{Cite web|url=https://www.latimes.com/nation/nationnow/la-na-nn-texas-immigrant-children-20140618-story.html|title=Overcrowded, unsanitary conditions seen at immigrant detention centers|date=June 19, 2014|website=Los Angeles Times|access-date=May 21, 2020}}</ref> |
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===2018 family separation policy=== |
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{{main|Trump administration family separation policy}} |
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In April 2018, then-attorney general of the [[Donald Trump|Trump]] administration [[Jeff Sessions]] announced a family separation policy regarding migrants crossing the US southern border without a visa. Migrants and accompanying family members who had entered the country who were alleged to have entered illegally and were apprehended or turned themselves in to Border Control agents were charged with criminal entry. If these family units had children, they were separated, with adults placed in detention centers to await immigration proceedings and the children in separate facilities or with a relative already in the US.<ref>{{Cite web|url=https://www.texasmonthly.com/news/whats-really-happening-asylum-seeking-families-separated/|title=What's Really Happening When Asylum-Seeking Families Are Separated?|date=June 16, 2018|website=Texas Monthly|access-date=May 21, 2020}}</ref><ref>{{Cite web|url=https://www.foxnews.com/politics/what-trumps-zero-tolerance-immigration-policy-means-for-children-separated-from-families-at-border|title=What Trump's 'zero-tolerance' immigration policy means for children separated from families at border|last=Schallhorn|first=Kaitlyn|date=June 19, 2018|website=Fox News|language=en-US|access-date=December 27, 2019}}</ref> There was widespread condemnation of this policy including that of notable [[evangelical Christian]] leaders such as [[Franklin Graham]].<ref>{{Cite web|url=https://www.christianpost.com/news/franklin-graham-blames-politicians-past-trump-policy-separating-families-border.html|title=Franklin Graham Blames Politicians of the Past for Trump Policy Separating Families at Border|website=www.christianpost.com|date=June 14, 2018 |access-date=May 21, 2020}}</ref><ref>{{Cite news|url=https://www.nytimes.com/2018/06/16/us/politics/family-separation-trump.html|title=How Trump Came to Enforce a Practice of Separating Migrant Families|first1=Julie Hirschfeld|last1=Davis|first2=Michael D.|last2=Shear|newspaper=The New York Times|date=June 16, 2018|access-date=May 21, 2020}}</ref> |
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===Countries of origin=== |
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According to the US Department of Homeland Security, the countries of origin for the largest numbers of illegal immigrants are as follows (as of 2014):<ref name="dhs1" /> |
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{|class="wikitable sortable" style="text-align:right;" |
|||
|+ Illegal immigrants to US by country of origin |
|||
|- |
|- |
||
!scope="col"| Country of origin |
|||
! colspan=3 bgcolor="#ccccff" align="center"| Illegal Alien Info || |
|||
!scope="col"| Raw number |
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!scope="col"| Percent of total |
|||
|- |
|- |
||
!scope="row"| [[Mexico]] |
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| colspan=3|<hr>|| |
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| 6,640,000 |
|||
| 55 |
|||
|- |
|- |
||
!scope="row"| [[El Salvador]] |
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!align="right"|Education Profile||Number||Percent|| |
|||
| 700,000 |
|||
| 6 |
|||
|- |
|- |
||
!scope="row"| [[Guatemala]] |
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|colspan=3|<hr> |
|||
| 640,000 |
|||
| 5 |
|||
|- |
|- |
||
!scope="row"| [[India]] |
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!align="right"|Less than 12 yr.||align="right"|6,700,000||67.0%|| |
|||
| 430,000 |
|||
| 4 |
|||
|- |
|- |
||
!scope="row"| [[Honduras]] |
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!align="right"|High School||align="right"|3,000,000||30.0%|| |
|||
| 400,000 |
|||
| 3 |
|||
|- |
|- |
||
!scope="row"| [[Philippines]] |
|||
!align="right"|College Graduate||align="right"|300,000||3.0%|| |
|||
| 360,000 |
|||
| 3 |
|||
|- |
|- |
||
!scope="row"| [[China]] |
|||
| colspan=3|<hr>|| |
|||
| 270,000 |
|||
| 2 |
|||
|- |
|- |
||
!scope="row"| [[Korea]] |
|||
!align="right"|Total Illegal Pop.||align="right"|12,000,000 ||Jan 2006|| |
|||
| 250,000 |
|||
| 2 |
|||
|- |
|- |
||
!scope="row"| [[Vietnam]] |
|||
!align="right"|Total Working||align="right"|7,500,000||||||| |
|||
| 200,000 |
|||
<ref>{{ |
|||
| 2 |
|||
|url=http://pewhispanic.org/files/reports/44.pdf |
|||
|- |
|||
|title=Estimates of the Size and Characteristics of the Undocumented Population |
|||
!scope="row"| [[Dominican Republic]] |
|||
|author=Jeffrey S. Passel |
|||
| 180,000 |
|||
|publisher=Pew Hispanic Center |
|||
| 1 |
|||
|date=March 21, 2005 |
|||
|- |
|||
}}</ref> |
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!scope="row"| Other |
|||
| 2,050,000 |
|||
| 17 |
|||
|} |
|} |
||
According to the [[Migration Policy Institute]], Mexicans represented 53% of the illegal immigrant population.<ref>{{Cite web|url=https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/US|title=Profile of the Unauthorized Population - US|website=migrationpolicy.org|language=en|access-date=January 9, 2019}}</ref> The next largest percentages were from Asia (16%), El Salvador (6%), and Guatemala (5%). |
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The [[Urban Institute]] also estimates "between 65,000 and 75,000 Canadians currently live illegally in the United States."<ref name="wweek" /> |
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=== Trends === |
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[[File:2000- Border apprehensions at southwest border.svg |thumb|Apprehensions between ports of entry, annually by federal fiscal year<ref name=NYTimes_20231029>{{cite news |last=Wu |first=Ashley |title=Why Illegal Border Crossings Are at Sustained Highs |url=https://www.nytimes.com/interactive/2023/10/29/us/illegal-border-crossings-data.html |work=The New York Times |date=October 29, 2023 |archive-url=https://web.archive.org/web/20231222212043/https://www.nytimes.com/interactive/2023/10/29/us/illegal-border-crossings-data.html |archive-date=December 22, 2023 |url-status=live}} The ''Times'' quotes data source US Customs and Border Protection, and notes: "Only encounters between ports of entry are shown."</ref>{{Needs update|date=October 2024|reason=Does not include 2024 data}}]] |
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In 2017, illegal border crossing arrests hit a 46-year low, and were down 25% from the previous year.<ref>{{cite news |last= Burnett |first= John |title= Arrests For Illegal Border Crossings Hit 46-Year Low |date= December 5, 2017 |access-date= February 16, 2019 |website= [[NPR]] |quote= Arrests of people trying to cross illegally into the US from Mexico plunged to the lowest level since 1971 |url= https://www.npr.org/2017/12/05/568546381/arrests-for-illegal-border-crossings-hit-46-year-low}}</ref> NPR stated that immigrants may be less likely to attempt to enter the US illegally because of [[Immigration policy of Donald Trump|President Trump's stance on illegal immigration]].<ref>{{Cite web | url=http://www.politifact.com/truth-o-meter/statements/2017/apr/25/donald-trump/illegal-immigration-lowest-17-years-trump-said/ | title=Trump says illegal immigration lowest in 17 years}}</ref><ref>{{Cite web | url=https://www.npr.org/2017/05/31/530843658/illegal-border-crossings-are-down-and-so-is-business-for-smugglers | title=Illegal Border Crossings Are Down, and So is Business for Smugglers| website=[[NPR]]}}</ref> The majority of illegal immigrants come from Mexico. Studies have shown that 40 million foreign born residents live in the US 11.7 million of that population is illegal.<ref name=":122">{{Cite book|title=American History, Race and the Struggle for Equality|last=Kawashima|first=Masaki|publisher=Palgrave Macmillan|year=2017|isbn=978-981-10-1976-0|location=Singapore|doi=10.1007/978-981-10-1977-7}}</ref> During the 1950s, there were 45,000 documented immigrants from Central America. In the 1960s, this number more than doubled to 100,000. In the decade after, it increased to 134,000.<ref name=":62">{{Cite book|title=Seeking Community in a Global City: Guatemalans and Salvadorans in Los Angeles|last1=Hamilton|first1=Nora|last2=Chinchilla|first2=Norma|publisher=Temple University Press|year=2001|location=Philadelphia}}</ref> In 2019, after being threatened with punitive tariffs, Mexico agreed to a deal with the US to better stem the flow of migrants passing through the country to enter the US.<ref>{{Cite news|url=https://www.wsj.com/articles/mexicos-releases-terms-of-migration-deal-with-trump-11560566904|title=Mexico Releases Terms of Migration Deal With Trump|last=Pérez|first=Santiago|newspaper=The Wall Street Journal|date=June 15, 2019|language=en-US|access-date=December 27, 2019}}</ref> In September 2019, Mexican foreign minister [[Marcelo Ebrard]] stated that immigration to the U.S. through Mexico has decreased significantly, and that this trend is "irreversible. ... It is something that we think will be permanent."<ref>{{Cite news|url=https://www.reuters.com/article/us-usa-immigration-mexico-ebrard-idUSKCN1VV2PO|title=Mexican foreign minister cites sharp decrease in immigration to U.S.|date=September 10, 2019|work=Reuters|access-date=September 11, 2019|language=en}}</ref> |
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===Illegal entry=== |
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{{Main|Illegal entry#United States}} |
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There are an estimated half million illegal entries into the United States each year.<ref name="modes" /><ref name="autogenerated2" />{{Obsolete source|reason=sources from 20 years ago!|date=November 2024}} The [[Pew Hispanic Center]] estimated that 6–7 million immigrants came to the United States via illegal entry (the rest entering via legal visas allowing a limited stay, but then not leaving when their visa period ended).<ref name=modes/> Illegal border crossings declined considerably from 2000, when 71,000–220,000 migrants were apprehended each month, to 2018 when 20,000–40,000 migrants were apprehended.<ref name="Qiu 2018"/> On October 31, 2023, Homeland Security Secretary [[Alejandro Mayorkas]] testified before the Senate Homeland Security Committee, saying that more than 600,000 people illegally made their way into the United States without being apprehended by border agents during the 2023 fiscal year.<ref>{{cite news |title=Former border chief: Alejandro Mayorkas underreported gotaway data in Senate hearing |url=https://altoday.com/archives/55106-former-border-chief-alejandro-mayorkas-underreported-gotaway-data-in-senate-hearing |work=Alabama Today |date=November 3, 2023}}</ref> |
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A common means of border crossing is to hire [[People smuggling|people smugglers]] to help them across the border. Those operating on the US–Mexico border are known informally as ''[[coyotaje]]s'' (coyotes), and are often part of extensive criminal networks throughout Mexico.<ref name="autogenerated2"/> Criminal gangs smuggling illegal immigrants from China are known as [[Snakehead (gang)|snakeheads]], and charge as much as US$70,000 per person, which immigrants often promise to pay with money they hope to earn in the United States.<ref>[https://latimes.com/news/nationworld/nation/la-na-chinese-smuggling5-2009oct05,0,4972825.story "Sharp rise in Chinese arrests at U.S. border"]. ''[[Los Angeles Times]]''. October 5, 2009.</ref><ref>{{cite journal |last1=Keefe |first1=Patrick Radden |title=Snakeheads and Smuggling: The Dynamics of Illegal Chinese Immigration |journal=World Policy Journal |date=2009 |volume=26 |issue=1 |pages=33–44 |jstor=40210104 |doi=10.1162/wopj.2009.26.1.33}}</ref> |
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==Means of violation== |
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===Border crossing=== |
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[[Image:ElPaso-Juarez-EO.JPG|thumb|right|200px|El Paso (top) and Ciudad Juárez (bottom) seen from earth orbit; the Rio Grande is the thin line separating the two cities through the middle of the photograph.]] |
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The [[United States Government Accountability Office]] estimates that “between 400,000 and 700,000 unauthorized migrants have entered the United States each year since 1992.” A substantial portion did so by crossing either the [[United States–Mexico border]] or the [[United States-Canada border]].<ref>{{cite news |
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|url=http://www.gao.gov/new.items/d06770.pdf. |
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|title=GAO-06-770 Illegal Immigration: Border-Crossing Deaths Have Doubled Since 1995 |
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|author=United States Government Accountability Office |
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|publisher=United States Government Accountability Office |
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|date=August 2006 |
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}}</ref> |
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At the border, [[U.S. Customs and Border Protection|US Customs and Border Protection]] either takes migrants into custody or releases them into the country.<ref name="b057">{{cite news | last1=Sacchetti | first1=Maria | last2=Miroff | first2=Nick | title=U.S. released more than 2.3 million migrants at border since 2021, data show | newspaper=Washington Post | date=January 6, 2024 | url=https://www.washingtonpost.com/immigration/2024/01/06/biden-migrants-us-mexico-border/ | access-date=September 10, 2024 | archive-date=January 8, 2024 |archive-url=https://archive.today/20240108022842/https://www.washingtonpost.com/immigration/2024/01/06/biden-migrants-us-mexico-border/ | quote=US Customs and Border Protection has released more than 2.3 million migrants into the United States at the southern border under the Biden administration ... The 2.3 million figure is significantly lower than the more than 6 million migrants taken into CBP custody during the same period.}}</ref> The term "gotaway" is defined by the Department of Homeland Security as "a person who is not turned back or apprehended after making an illegal entry" along a US border. A "gotaway" is recorded when cameras or sensors detect migrants crossing the border, but no one is found, or agents are not available to respond. An unknown number of migrants also escape detection entirely.<ref name="i231">{{cite web | last=Liles | first=Jordan | title=7.2M Migrants Have Illegally Crossed US Border Under Biden, Exceeding the Populations of 36 States? | website=Snopes | date=February 22, 2024 | url=https://www.snopes.com/fact-check/million-migrants-border-biden/ | access-date=September 10, 2024}}</ref> |
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According to the [[Pew Hispanic Center]] somewhat more than half of the unauthorized migrant population entered the country illegally rather than overstay their visas, where "Some evaded customs and immigration inspectors at ports of entry by hiding in vehicles such as cargo trucks. Others tracked through the Arizona desert, waded or swam across the Rio Grande or American Canal in California or otherwise eluded the U.S. Border patrol which has jurisdiction over all the land areas away from the ports of entry on the borders with Mexico and Canada." <ref>{{cite news |
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|url= http://pewhispanic.org/files/factsheets/19.pdf |
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|title= Modes of Entry for the Unauthorized Migrant Population |
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|author= Pew Hispanic Center |
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|publisher= Pew Hispanic Center |
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|date=May 22, 2006 |
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}}</ref> |
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===Visa overstay=== |
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Stricter enforcement of the border has failed to significantly curb illegal immigration, instead pushing the flow into more remote regions, slightly reducing the rate of apprehensions and increasing the cost to taxpayers of each arrest from $300 in 1992 to $1700 in 2002. <ref>{{cite news |
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A tourist or traveler is considered a "visa overstay" once he or she remains in the United States after the time of admission has expired. The time of admission varies greatly from traveler to traveler depending on the visa class into which they were admitted. According to Pew, between 4 and 5.5 million foreigners entered the United States with a legal [[Visa (document)|visa]], accounting for between 33 and 48% of the total unauthorized migrant population.<ref name=modes/> Visa overstays tend to be somewhat more educated and better off financially than those who entered the country illegally.<ref name="A harder look at visa overstayers"/> In most instances, overstaying a visa is a [[Civil law (common law)|civil]] "wrong" and not necessarily a [[crime]], though the person is still subject to deportation for unlawful presence.<ref>{{cite news |last1=Jacobson |first1=Louis |title=Is being in the United States unlawfully a 'crime'? |url=https://www.politifact.com/florida/statements/2017/mar/15/florida-conference-catholic-bishops/being-united-states-unlawfully-crime/ |access-date=January 18, 2020 |work=Politifact |publisher=Tampa Bay Times |date=March 15, 2017 |language=en}}</ref> |
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|url= http://www.freetrade.org/pubs/pas/tpa-029es.html |
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|title= Backfire at the Border: Why Enforcement without Legalization |
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|author= Douglas S. Massey |
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|publisher= Cato Institute |
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|date= June 13, 2005 |
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}}</ref> Border Patrol activity is concentrated around big border cities such as [[San Diego]] and [[El Paso]], which do have extensive [[United States–Mexico barrier|border fencing]], diverting illegal immigrants into rural mountainous and desert areas. The border between Arizona and Mexico has become a major entrance area for illegal immigration to the United States, due in part to the increased difficulty of crossing illegally in California.<ref>{{cite news |
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|url= http://www.heritage.org/Research/Immigration/bg1952.cfm |
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|title= Building a Better Border: What the Experts Say |
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|author= David B. Muhlhausen, Ph.D. |
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|publisher= Heritage Foundation |
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|date=July 17, 2006 |
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}}</ref> Each year there are several hundred [[immigrant deaths along the U.S.-Mexico border]]. The number of deaths has been steadily increasing since the middle 1990s with [[exposure]] (including [[heat stroke]], [[dehydration]], and [[hypothermia]]) a leading cause.<ref>Eschbach, K., J. Hagan and N. Rodriguez (2001): [http://www.uh.edu/cir/Causes_and_Trends.pdf Causes and Trends in Migrant Deaths Along the U.S.-Mexico Border 1985-1998]. Center for Immigration Research, University of Houston ([http://www.uh.edu/cir/Executive_Summary.pdf Executive Summary]).</ref> |
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To help track visa overstayers the [[US-VISIT (United States Visitor and Immigrant Status Indicator Technology)]] program collects and retains biographic, travel, and biometric information, such as photographs and fingerprints, of foreign nationals seeking entry into the United States. It also requires electronic readable passports containing this information. |
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The tightening of border enforcement has disrupted the "traditional" circular movement of migrant workers from Mexico by increasing the costs and risks of crossing the border, thereby reducing their rate of return migration to Mexico. The difficulty of the journey has prompted many migrant workers to stay in the United States longer or indefinitely.<ref>{{cite news |
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|url= http://www.nytimes.com/2006/12/21/us/21irmaside.html?ex=1167454800&en=856f26c1ecafe3d7&ei=5070 |
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|title= Traditional Round Trip for Workers Is Becoming a One-Way Migration North |
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|author= Mireya Navarro |
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|publisher= New York Times |
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|date= December 21, 2006 |
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}}</ref> |
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Visa overstayers mostly enter with [[B-1/B-2 Visa|tourist or business visas]].<ref name=modes/> In 1994, more than half<ref name="cato"/> of illegal immigrants were Visa overstayers whereas in 2006, about 45% of illegal immigrants were Visa overstayers.<ref name="npr"/> |
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===Overstays=== |
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A visa overstayer is someone who has entered the United States with authorization from the Government and then illegally overstayed his or her visa. Or they have entered US using a Border Crossing Card (BCC)<ref>The BCC is a laminated, credit card-style document with many security features and ten -year validity. Also known as a "laser visa," the card is both a BCC and a B1/B2 visitor's visa. Most Mexican visitors to the U.S., whether traveling to the border region or beyond, receive a laser visa. See {{cite news |
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|url= http://travel.state.gov/visa/temp/types/types_1266.html |
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|title= Border Crossing Card (BCC) Page |
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|author=United States Department of State |
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|publisher=United States Department of State |
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|date= November 2002 |
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}}.</ref> and then violated the restrictions imposed upon card holders. Visa overstayers tend to be somewhat more educated and be better off financially than those who crossed the border illegally.<ref>{{cite news |
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|url= http://www.csmonitor.com/2002/0205/p01s03-usju.html |
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|title= A harder look at visa overstayers |
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|author= Alexandra Marks |
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|publisher= Christian Science Monitor |
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|date= February 05, 2002 |
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}}</ref> |
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Those who leave the United States after overstaying their visa for more than 180 days but less than one year, leave and then attempt to apply for readmission will face a three-year ban which will not allow them to re-enter the US for that period. Those who leave the United States after overstaying their visa for a period of one year or longer, leave and then attempt to apply for readmission will face a ten-year ban.<ref>{{cite web|url=http://www.temple.edu/isss/immigration/overstay.html |title=Immigration | Visa Overstay and Illegal Presence in the US | ISSS | Temple University |access-date=January 16, 2016 |url-status=live |archive-url=https://web.archive.org/web/20161021205140/http://www.temple.edu/isss/immigration/overstay.html |archive-date=October 21, 2016}}</ref> |
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One common means of visa overstaying was coming to the U.S. on a student visa and not going to school or not leaving the country after finishing school.{{Fact|date=February 2007}}<!-- [http://ktla.trb.com/la-me-visa22may22,0,2677069.story?coll=ktla-home-3]--> The number of foreign students in the United States is over 600,000. However, this practice has been curtailed with the introduction of [[SEVIS]], whereby the universities electronically report any no-shows and irregularities to [[U.S. Immigration and Customs Enforcement]]. |
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===Border Crossing Card violation=== |
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To help track visa overstayers the new [[US-VISIT]] program collects and retains biographic, travel, and biometric information, such as photographs and fingerprints, of foreign nationals seeking entry into the United States. It also requires electronic readable passports containing this information. |
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A smaller number of illegal immigrants entered the United States legally using the [[Border Crossing Card]], a card that authorizes border crossings into the US for a set amount of time. Border Crossing Card entry accounts for the vast majority of all registered non-immigrant entry into the United States—148 million out of 179 million total—but there is little hard data as to how much of the illegal immigrant population entered in this way. The Pew Hispanic Center estimates the number at around 250,000–500,000.<ref name=modes/> |
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=== In the workforce === |
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The number of overstayers varies considerably from country to country depending on the location of the country, the cultural, political, social and economic conditions in a given country in a given time. The [[Pew Hispanic Center]] calculated that 1.3% of all nonimmigrant arrivals between 1998 and 2004 resulted in overstays, with a proportion varying by country of origin. The calculated share of [[Mexican]] legal visitors who overstay is lower (1.7%) [but the number who visit is very large] than for [[Central American]] (3.2%) or [[South American]] (2.4%) nationalities, which the center explained was " because it easier for Mexicans to make illegal entries and harder for them to get visitor visas."[http://pewhispanic.org/files/factsheets/19.pdf] A U.S. General Accounting Office (GAO) study gives estimates for all countries showing that Haiti, China, India, Korea, and the Philippines had violation rates as high as 8% or higher.[http://tinet.ita.doc.gov/view/f-2004-201-001/index.html] In general the poorer the country they came from the more likely the foreign visitor was to violate their visa. |
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Illegal immigrants within the workforce are extremely vulnerable due to their status. Being illegal makes these individuals susceptible to exploitation by employers as they are more willing to work through bad conditions and low income jobs—consequently making themselves vulnerable to abuse.<ref name=":32">{{cite book |last1=Jonas |first1=Susanne |last2=Rodríguez |first2=Néstor |title=Guatemala-U.S. Migration: Transforming Regions |date=2015 |publisher=University of Texas Press |isbn=978-0-292-76314-2}}{{page needed|date=November 2022}}</ref> Most illegal migrants end up being hired by US employers who exploit the low-wage market produced through immigration. Typical jobs include: janitorial services, clothing production, and household work.<ref name=":32" /> |
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<!--Move to [[US-VISIT]: Information collected is checked against lookout databases to ensure that known or suspected terrorists, criminals, and previous U.S. immigration law violators are not admitted. [http://www.dhs.gov/interweb/assetlibrary/OIG_05-11_Feb05.pdf] and then checked against their eventual departure. US-VISIT entry procedures have been operational in the secondary inspection areas of the 50 busiest land border ports of entry since December 29, 2004, and are also in place at 115 airports and 15 seaports.[http://www.dhs.gov/dhspublic/display?content=4858] Early in 2007 the DHS is hoping to replace the laser visa or boundary crossing cards with People Access Security Service (PASS) card, as a secure identity document for people traveling to or from Canada or Mexico. [http://www.thebta.org/syndicate/news/archives/cat_us-visit.html] These would include Radio Frequency Identification Data (RFID) for ease of transit and security.--> |
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Many illegal Latin American immigrants are inclined to the labor market because of the constraints they have with their job opportunities. This consequently forms an informal sector within the labor market. As a result, this attachment formulates an ethnic identity for this sector.<ref name=":32" /> |
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==Causes of Migration== |
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''See also [[Illegal immigration#Causes|causes for illegal immigration]]''. |
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Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) in 1996. This prevented federal, state, and local public benefits from flowing to illegal immigrants. It also required federal and state agencies to disclose if someone was illegal. Additionally, PRWORA prohibited states from giving professional licenses to those illegal.<ref name=":82">{{Cite book|url=http://muse.jhu.edu/book/41145/|title=A Conservative and Compassionate Approach to Immigration Reform: Perspectives from a Former US Attorney General|last1=Gonzales|first1=A.R.|last2=Strange|first2=D.N.|last3=Bakken|first3=G.M.|publisher=Texas Tech University Press|year=2014|isbn=978-0-89672-897-4}}{{page needed|date=November 2022}}</ref> Though PRWORA prevents public benefits from flowing to illegal immigrants, there are exceptions. Illegal immigrants are still entitled to medical assistance, immunizations, disaster relief, and K-12 education. Despite this, federal law still requires local and state governments to deny benefits to those illegal.<ref name=":82" /> The implementation of PRWORA demonstrated the shift towards personal responsibility over "public dependency."<ref name=":92">{{Cite book|url=https://muse.jhu.edu/book/57966/|title=The Undocumented Everyday: Migrant Lives and the Politics of Visibility|last=Schreiber|first=Rebecca|publisher=University of Minnesota Press|year=2018|isbn=9781452956398|location=Minneapolis}}</ref> There were about eight million illegally present workers in the United States in 2010. These workers were 5% of America's workforce.<ref name=":82" /> |
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Illegal Mexican immigrants traditionally have been portrayed as job seekers without good paying job options in their own country. Mexican immigrants surveyed who had been in the United States for two years, only 5 percent said they were unemployed before venturing north of the border. immigration<ref>http://seattletimes.nwsource.com/html/nationworld/2002669002_immig07.html</ref>. |
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By contrast those who had been within the US for over ten years, the figures jump to over 15%. The figures include only those who where actively seeking employment in Mexico. It excludes housewives, students, retirees, and those who for other reasons where not actively seeking employment. The figures are not adjusted to account for those who where underemployed<ref>{{cite news |
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|url= http://pewhispanic.org/files/reports/58.pdf |
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|title= Survey of Mexican Migrants, Part Three |
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|author= Rakesh Kochhar |
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|publisher= Pew Hispanic Center |
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|date= December 6, 2005 |
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}}</ref> and researchers such as Fleck and Sorrentino (1994) argue that the lack of an adequate social safety net in Mexico has compelled many of the underemployed to take marginal jobs. |
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Most illegal immigrants have some options in their own country but like the perceived options and opportunities better in the U.S. enough to put up with the large expense, often unpleasant journey and inconvience of illegally immigrating. |
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== |
==Causes== |
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{{Main|Illegal immigration#Causes}} |
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===Economic=== |
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{{main|Economic impact of illegal immigrants in the United States}} |
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There are however numerous incentives which draw foreigners to the US. Most illegal immigrants who come to America come for better opportunities for employment, a greater degree of freedom, avoidance of political oppression, freedom from violence, famine, and family reunification.<ref name="autogenerated5">{{cite book|last=Anderson|first=Oliver C.|title=Illegal Immigration: Causes, Methods, and Effects|year=2010|publisher=Nova Science Publishers|location=New York|isbn=978-1-61668-033-6}}</ref><ref name="Orrenius 2014">{{Cite journal|last=Orrenius|first=Pia|date=June 1, 2014|title=Enforcement and illegal migration|url=https://wol.iza.org/articles/enforcement-and-illegal-migration/long|journal=IZA World of Labor|language=en-US|doi=10.15185/izawol.81|doi-access=free|hdl=10419/125307|hdl-access=free}}</ref><ref name="Clemens 2017"/><ref>{{Cite journal|last1=Hanson|first1=Gordon H|last2=Spilimbergo|first2=Antonio|date=December 1999|title=Illegal Immigration, Border Enforcement, and Relative Wages: Evidence from Apprehensions at the U.S.-Mexico Border |journal=American Economic Review |volume=89|issue=5|pages=1337–1357|doi=10.1257/aer.89.5.1337 |citeseerx=10.1.1.30.6926|s2cid=153837741}}</ref><ref>{{Cite news|url=https://www.americanimmigrationcouncil.org/research/no-childhood-here-why-central-american-children-are-fleeing-their-homes|title=No Childhood Here: Why Central American Children are Fleeing Their Homes|date=August 24, 2016|work=American Immigration Council|access-date=September 5, 2017}}</ref> |
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[[Professor of Law]] [http://www.chapman.edu/law/faculty/lipman.asp Francine Lipman] writes in a 2006 paper in the [[peer-reviewed]] journal ''[http://www.abanet.org/tax/pubs/ttl/ Tax Lawyer]'' of the [[American Bar Association]] Section of Taxation that the belief that undocumented migrants are exploiting the US economy and that they cost more in services than they contribute to the economy is "undeniable false". Lipman asserts that "undocumented immigrants actually contribute more to public coffers in taxes than they cost in social services" and "contribute to the U.S. economy through their investments and consumption of goods and services; filling of millions of essential worker positions resulting in subsidiary job creation, increased productivity and lower costs of goods and services; and unrequited contributions to Social Security, Medicare and unemployment insurance programs."<ref>J. Lipman, Francine, J.[http://papers.ssrn.com/sol3/papers.cfm?abstract_id=881584 ''Taxing Undocumented Immigrants: Separate, Unequal and Without Representation.''] In Tax Lawyer, Spring 2006.</ref> |
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International polls by [[Gallup, Inc.|Gallup]] in 2021 found that the US remained the most-desired destination country for potential migrants worldwide, followed by Canada and Germany.<ref>{{Cite web |last1=Pugliese |first1=Anita |last2=Ray |first2=Julie |date=January 24, 2023 |title=Nearly 900 Million Worldwide Wanted to Migrate in 2021 |url=https://news.gallup.com/poll/468218/nearly-900-million-worldwide-wanted-migrate-2021.aspx |access-date=August 3, 2024 |website=[[Gallup, Inc.|Gallup]] |language=en}}</ref> |
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The 1997 study [[The New Americans: Economic, Demographic, and Fiscal Effects of Immigration]] by the [[National Science Foundation]] found that illegal aliens, on average, cost a net loss of $4,867 per alien to the Federal government in taxes.<ref>National Science Foundation (1997). [[The New Americans: Economic, Demographic, and Fiscal Effects of Immigration]] table 6.4, pg 284</ref>. These costs have to be made up by all other tax payers. |
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===Causes by region=== |
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One of the largest drivers of immigration both legal and illegal is economic [[supply and demand]] for labor and the natural human desire of people to participate in the economy and in so doing better their economic situation. Labor is a mobile economic [[factor of production]]. Libertarians believe that restricting [[free migration]] limits the [[free market]] for labor.[http://www.mises.org/story/2135][http://www.lewrockwell.com/orig/hermann-hoppe1.html] |
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In general, illegal immigrants from Mexico and Central America come to the US as they flee from insecurity and violence in their own country (i.e. kidnappings, rape or forced [[recruitment]] in [[gang]]s),<ref>{{Cite web|url=https://www.unicefusa.org/stories/why-migrants-flee-central-america/34545|title=Why Migrants Flee Central America|website=UNICEF USA |last1=Buechner |first1=Maryanne |last2=Ferguson |first2=Sarah |date=October 16, 2018}}</ref><ref name=":4">{{Cite web |last=Valverde |first=Miriam |title=Central America and the root causes of immigration to the US |url=https://www.politifact.com/article/2021/jun/07/central-america-and-root-causes-immigration-us/ |access-date=August 3, 2024 |website=PolitiFact |language=en-US}}</ref> or in search for better economic opportunities.<ref>{{cite report |url=https://fas.org/sgp/crs/row/IF11151.pdf |title=Central American Migration: Root Causes and U.S. Policy |publisher=Congressional Research Service |date=December 12, 2022 |last1=Meyer |first1=Peter J.}}</ref> [[Political corruption]], failed institutions, and extortion by gangs contribute contribute to this weak economy and lack of opportunity.<ref name=":4" /> |
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===Economic incentives=== |
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Research by [http://www.borjas.com George Borjas], Robert W. Scrivner Professor of Economics and Social Policy at [[Harvard University]], shows that illegal aliens increasing the supply of low skilled labor had a long-term reduction of wages among American poor citizens during the 1980s and 1990s by 4.8% [http://ksghome.harvard.edu/%7EGBorjas/Papers/w11281.pdf] and, according to an op-ed by him in the New York Times, their wages will reduce much further if border security is reduced[http://ksghome.harvard.edu/~GBorjas/Papers/NYT071800.htm]. The supply of illegal alien labor has disproportionately affected certain groups of American citizens such as black poor (according to a study{{Fact|date=February 2007}} by [http://region.princeton.edu/about_faculty_bio_17.html Katherine Newman] and [http://www.seedco.org/staff/staff.php?id=220 Chauncy Lennon]of Harvard and another paper by Borjas, Grogger, and Hanson[http://www.nber.org/papers/w12518]). |
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Economic reasons are one motivation for people to illegally immigrate to the United States.<ref name="arizona2007" /><ref name="Chiswick, Barry R. 1988 pp. 101-115" /> United States employers hire illegal immigrants at wages substantially higher than they could earn in their native countries.<ref name="arizona2007">{{cite web |first=Judith |last=Gans |url=http://udallcenter.arizona.edu/immigration/publications/fact_sheet_no_3_illegal_immigration.pdf |title=Illegal Immigration to the United States: Causes and Policy Solutions |archive-url=https://web.archive.org/web/20160305021444/http://udallcenter.arizona.edu/immigration/publications/fact_sheet_no_3_illegal_immigration.pdf |date=February 2007 |archive-date=March 5, 2016 |url-status=dead |publisher=Udall Center for Studies in Public Policy}}</ref> A study of illegal immigrants from Mexico in the 1978 harvest season in Oregon showed that they earned six times what they could have earned in Mexico, and even after deducting the costs of the seasonal migration and the additional expense of living in the United States, their net US earnings were three times their Mexican alternative.<ref name="Chiswick, Barry R. 1988 pp. 101-115">{{cite journal |last=Chiswick |first=Barry R. |title=Illegal Immigration and Immigration Control (Summer, 1988) |date=1988 |journal=[[The Journal of Economic Perspectives]] |volume=2 |number=3 |pages=101–115 |doi=10.1257/jep.2.3.101|doi-access=free}}</ref> In the 1960s and early 70s, Mexico's high fertility rate caused a large increase in population. While Mexican population growth has slowed, the large numbers of people born in the 1960s and 70s are now of working age looking for jobs.<ref name="Chiswick, Barry R. 1988 pp. 101-115" /> |
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An article by medical lawer Madeleine Pelner in the conservative [[Journal of American Physicians and Surgeons]] concluded that the burden of illegal immigrants on the health care system in the US has forced many hospitals to close due to unpaid bills. Between 1993 and 2003, 60 hospitals in California alone were forced to close, and many others had to reduce staff or implement other procedures which reduced the level of service they could provide. The article attributes these closings to illegal immigration. [http://www.jpands.org/vol10no1/cosman.pdf] |
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According to Judith Gans of the [[University of Arizona]], United States employers are pushed to hire illegal immigrants for three main reasons:<ref name="arizona2007" /> |
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According to [[Federation for American Immigration Reform]], California's education system spends $7.7 billion each year caring for the children of illegal immigrants. The study did not estimate how many of the children were citizens. [http://www.washingtontimes.com/national/20041206-102115-6766r.htm] |
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# Global economic change. Global economic change is one cause for illegal immigration because information and transportation technologies now foster internationalized production, distribution and consumption, and labor. This has encouraged many countries to open their economies to outside investment, then increasing the number of low-skilled workers participating in global labor markets and making low-skilled labor markets all more competitive. This and the fact that developed countries have shifted from manufacturing to knowledge-based economies, have realigned economic activity around the world. Labor has become more international as individuals immigrate seeking work, despite governmental attempts to control this migration. Because the United States education system creates relatively few people who either lack a high school diploma or who hold PhDs, there is a shortage of workers needed to fulfill seasonal low-skilled jobs as well as certain high-skilled jobs. To fill these gaps, the United States immigration system attempts to compensate for these shortages by providing for temporary immigration by farm workers and seasonal low-skilled workers, and for permanent immigration by high-skilled workers. |
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# A lack of legal immigration channels. |
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# The ineffectiveness of current employer sanctions for illegal hiring. This allows immigrants who are in the country illegally to easily find jobs. There are three reasons for this ineffectiveness—the absence of reliable mechanisms for verifying employment eligibility, inadequate funding of interior immigration enforcement, and the absence of political will due to labor needs to the United States economy. For example, it is unlawful to knowingly hire an illegal immigrant, but according to Judith Gans, there are no reliable mechanisms in place for employers to verify that the immigrants' papers are authentic. |
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Another reason for the large numbers of illegal immigrants present in the United States is the termination of the [[Bracero Program]]. This bi-national program between the US and Mexico existed from 1942 to 1964 to supply qualified Mexican laborers as [[guest workers]] to harvest fruits and vegetables in the United States. During World War II, the program benefited the US war effort by replacing citizens' labor in agriculture to serve as soldiers overseas. The program was designed to provide legal flows of qualified laborers to the US Many Mexicans deemed unqualified for the program nonetheless immigrated illegally to the United States to work. In doing that they broke both US and Mexican law.<ref>[[Kelly Lytle Hernández]], "The Crimes and Consequences of Illegal Immigration: A Cross-Border Examination of Operation Wetback, 1943–1954." ''The Western Historical Quarterly'' vol. 37, no. 4, (Winter 2006), p. 423</ref> Many workers that took advantage of the program became illegal residents, as they still had incentives to stay in the US despite the fact that they were breaking the law. Although the bracero program had ended, the period still saw a massive spike in migrant population in the US.<ref>{{Cite web|date=May 14, 2018|title=Analyzing undocumented Mexican migration in U.S.|url=https://news.stanford.edu/2018/05/14/analyzing-undocumented-mexican-migration-u-s-1970s/|access-date=October 26, 2020|website=Stanford News|language=en}}</ref> |
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===Channels for legal immigration=== |
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In 2003, the former President of Mexico, [[Vicente Fox]] stated that [[remittances]] of Mexican nationals in the United States, both legal and illegal, totaled $12 billion, and were the largest source of foreign income for Mexico. [http://www.signonsandiego.com/news/mexico/20030924-2051-us-mexico.html]. In 2005, the remittances from Mexican nationals worldwide was $18.1 billion[http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/0,,contentMDK:20724214~pagePK:64257043~piPK:437376~theSitePK:4607,00.html]. |
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The United States immigration system provides channels for legal, permanent economic immigration, especially for high-skilled workers. For low-skilled workers, temporary or seasonal legal immigration is easier to acquire.<ref name="arizona2007"/> The United States immigration system rests on three pillars: family reunification, provision of scarce labor (as in agricultural and specific high-skilled worker sectors), and protecting American workers from competition with foreign workers.<ref name="arizona2007"/> The current system sets an overall limit of 675,000 permanent immigrants each year; this limit does not apply to spouses, unmarried minor children or parents of US citizens.<ref name="cqpress1923">Jost, Kenneth. "[http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2012030900 Immigration Conflict: Should States Crack down on Unlawful Aliens?] {{webarchive |url=https://web.archive.org/web/20160310203403/http://library.cqpress.com/cqresearcher/document.php?id=cqresrre2012030900 |date=March 10, 2016}}" ''The CQ Researcher Online'' 22.10 (1923): n.p. CQ Researcher by CQ Press. March 9, 2012. Web. October 25, 2012.</ref> Outside of this number for permanent immigrants, 480,000 visas are allotted for those under the family-preference rules and 140,000 are allocated for employment-related preferences.<ref name="cqpress1923"/> The current system and low number of visas available make it difficult for low-skilled workers to legally and permanently enter the country to work, so illegal entry becomes the way immigrants respond to the lure of jobs with higher wages than what they would be able to find in their current country.<ref name="arizona2007"/> |
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===Family reunification=== |
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{{see also|Family reunification|History of laws concerning immigration and naturalization in the United States}} |
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According to demographer Jeffery Passel of the [[Pew Research Center|Pew Hispanic Center]], the flow of Mexicans to the US has produced a "[[network effect]]"—furthering immigration as Mexicans moved to join relatives already in the US.<ref name="Uchitelle"/> |
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===Further incentives=== |
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Lower costs of transportation, communication and information has facilitated illegal immigration. Mexican nationals, in particular, have a very low financial cost of immigration and can easily cross the border. Even if it requires more than one attempt, they have a very low probability of being detected and then deported once they have entered the country.<ref name="Chiswick, Barry R. 1988 pp. 101-115"/> A 2016 research paper published in the [[American Journal of Sociology]] hypothesized that border militarization, which took place between 1986 and 2008, in the United States had the unintended consequence of increasing illegal immigration to the United States, as temporary undocumented immigrants who entered the United States seasonally for work opted to stay permanently in the United States and bring their families once it became harder to move across the border regularly.<ref name=":1">{{Cite journal |last1=Massey |first1=Douglas S. |last2=Durand |first2=Jorge |last3=Pren |first3=Karen A. |date=March 1, 2016 |title=Why Border Enforcement Backfired |journal=American Journal of Sociology |volume=121 |issue=5 |pages=1557–1600 |doi=10.1086/684200 |pmc=5049707 |pmid=27721512}}</ref> |
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==Mexican federal and state government assistance== |
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===Crime=== |
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{{Update section|date=August 2024}} |
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In a study of 55,322 illegal aliens, the Government Accountability Office (while stating that the data does not include all arrests and offenses for these criminals) found that |
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The US Department of Homeland Security and some advocacy groups have criticized a program of the government of the state of [[Yucatán (state)|Yucatán]] and that of a federal Mexican agency directed to Mexicans migrating to and residing in the United States. They state that the assistance includes advice on how to get across the US border illegally, where to find healthcare, enroll their children in public schools, and send money to Mexico. The Mexican federal government also issues [[Consular identification card|identity cards]] to Mexicans living outside of Mexico.<ref name="bbc"/> |
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*they were arrested at least a total of 459,614 times (averaging about 8 arrests per illegal alien) |
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* In 2005, the government of Yucatán produced a handbook and DVD about the risks and implications of crossing the US–Mexico border. The guide told immigrants where to find health care, how to get their kids into U.S. schools, and how to send money home. Officials in Yucatán said the guide is a necessity to save lives, but some American groups accused the government of encouraging illegal immigration.<ref name="Mexican State Issues 'How To' on Border Jumping"/> |
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*they were arrested for a total of about 700,000 criminal offenses averaging about 13 offenses per illegal alien (one arrest may contain multiple offenses) |
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* In 2005, the Mexican government was criticized for distributing a comic book which offers tips to illegal emigrants to the United States.<ref name="ST"/> That comic book recommends to illegal immigrants, once they have safely crossed the border, "Don't call attention to yourself. ... Avoid loud parties. ... Don't become involved in fights." The Mexican government defends the guide as an attempt to save lives. "It's kind of like illegal immigration for dummies," said the executive director of the Center for Immigration Studies in Washington, Mark Krikorian. "Promoting safe illegal immigration is not the same as arguing against it". The comic book does state on its last page that the Mexican Government does not promote illegal crossing at all and only encourages visits to the US with all required documentation.<ref name=ST/> |
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*about 24% of all offenses were drug offenses |
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*about 21% of all offenses were for immigration offenses |
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*about 15% were property-related offenses such as burglary, larceny-theft, motor vehicle theft, and property damage |
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*about 12% were for violent offenses such as murder, robbery, assault, and sex-related crimes |
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The balance were such as traffic violations (including driving under the influence), fraud -- including forgery and counterfeiting, weapons violations, and obstruction of justice |
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*80% of all arrests occurred in three states - California, Texas, and Arizona |
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<ref>[http://www.gao.gov/new.items/d05646r.pdf]</ref> |
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==Legal issues== |
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According to a 1997 report by the [[United States House Judiciary Subcommittee on Immigration, Border Security, and Claims|House Judiciary Subcommittee on Immigration and Claims]], "Through other violations of our immigration laws, Mexican drug cartels are able to extend their command and control into the United States. Drug smuggling fosters, subsidizes, and is dependent upon continued illegal immigration and alien smuggling."<ref>[http://commdocs.house.gov/committees/judiciary/hju43664.000/hju43664_0.HTM ORDER SECURITY AND DETERRING ILLEGAL ENTRY INTO THE UNITED STATES] WEDNESDAY, APRIL 23, 1997, House of Representatives, Subcommittee on Immigration and Claims, Committee on the Judiciary</ref> |
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{{Main|United States nationality law|List of United States immigration laws}} |
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Its members have committed murder, severed limbs, assaulted, robbed, and raped [http://www.policemag.com/t_cipick.cfm?rank=90876]. |
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{{See also|Operation Streamline#Criminal prosecution of illegal entry and re-entry|label 1=Criminal prosecution of illegal entry and re-entry under the Operation Streamline}} |
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Aliens can be classified as unlawfully present for one of three reasons: entering without authorization or inspection, staying beyond the authorized period after legal entry, or violating the terms of legal entry.<ref name="The New Americans: Economic, Demographic, and Fiscal Effects of Immigration"/> |
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===Improper entry=== |
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Another large scale multi-million dollar criminal operation connected to illegal immigration is identity theft. [http://redtape.msnbc.com/2006/03/hidden_cost_of_.html] |
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Section 1325 in [[Title 8 of the United States Code]], "Improper entry of alien", provides for a fine, imprisonment, or both for any non-citizen who:<ref name="cornell"/> |
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{{blockquote| |
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The [[Center of Immigration Studies]] (CIS) has stated that many [[violent crime]]s in the United States are committed by illegal immigrants.[http://www.cis.org/articles/2004/back704.html]. Because of the immigration status of the criminals, law enforcement officials are often unable to accurately track and find many of them as they retreat back over the border where they are often untraceable and/or not [[extradition|extraditable]]. |
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# enters or attempts to enter the United States at any time or place other than as designated by immigration agents, or |
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# eludes examination or inspection by immigration agents, or |
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# attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.}} |
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Section "1325(a) is a regulatory offense, and thus knowledge of alienage is not an element."<ref name="1325(a)">{{Cite web |url=https://cdn.ca9.uscourts.gov/datastore/opinions/2021/10/29/20-50172.pdf |title=United States v. Rizo-Rizo, ___ F.4th ___, No. 20-50172 |page=3 |date=October 29, 2021 |work=Ninth Circuit}} |
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A study by Dr. Deborah Schurman-Kauffin, director of the Violent Crimes Institute in [[Atlanta, Georgia]], estimates that approximately one million [[sex crimes]] were committed by illegal immigrants in the period between 1999 and 2006. Of these, 70% of the victims were legal US residents. [http://www.drdsk.com/articles.html#Illegals] |
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*{{Cite web |url=https://casetext.com/case/united-states-v-perez-velasquez-2 |title=United States v. Perez-Velasquez, ___ F.4th ___, No. 19-2118 |page=|date=October 25, 2021 |work=Tenth Circuit |publisher=Casetext.com}}</ref> The maximum prison term is 6 months for the first offense with a [[misdemeanor]] and 2 years for any subsequent offense with a [[felony]]. In addition to the above criminal fines and penalties, civil fines may also be imposed. Sections 1325(a) and 1326(a), however, do "not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title."<ref name="1181(c)">{{uscsub|8|1181|c}} |
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*{{uscsub|8|1326|a|2|B}} |
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*{{Cite web |url=https://cite.case.law/us/566/257/#p263 |title=Vartelas v. Holder, 566 U.S. 257 (2012) |page=263 |date=March 28, 2012 |work=US Supreme Court |publisher=Harvard Law School |quote=An alien seeking 'admission' to the United States is subject to various requirements, see, ''e.g.'', § 1181(a), and cannot gain entry if she is deemed 'inadmissible' on any of the numerous grounds set out in the immigration statutes, see § 1182.}}</ref> |
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===Visa overstay=== |
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In contrast to these studies, [http://www.wjh.harvard.edu/soc/faculty/sampson/ Robert Sampson], Professor in Social Sciences at [[Harvard University]], speculates in [http://www.harvardmagazine.com/ Harvard Magazine] in 2006 that being in the country illegally gives illegal aliens an "extra incentive to keep a clean record and not commit crimes, in order to avoid deportation". <ref> |
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Unlike illegal entry (which is a criminal offense in the United States), it is not a criminal offense for an alien to enter the United States legally and then overstay his or her visa.<ref name=Jarrett>Laura Jarrett, [https://www.cnn.com/2017/02/24/politics/undocumented-immigrants-not-necessarily-criminal/index.html Are undocumented immigrants committing a crime? Not necessarily], CNN (February 24, 2017).</ref> A visa overstay is a civil violation dealt with through proceedings in [[immigration court]].<ref name=Jarrett/> A 2006 [[Pew Hispanic Center]] study showed that some 45% of unauthorized migrants entered the US legally and then remained in the US without authorization following the expiration of their visa.<ref>[https://www.pewresearch.org/hispanic/2006/05/22/modes-of-entry-for-the-unauthorized-migrant-population/ Modes of Entry for the Unauthorized Migrant Population], Pew Hispanic Center (May 22, 2016).</ref> A person who overstays a visa is subject only to the civil penalties of deportation or removal and restrictions for future applications for another US visa; under provisions of Section 212 of the [[Immigration and Nationality Act]], as amended by [[Illegal Immigration Reform and Immigrant Responsibility Act|1996 legislation]], an alien who "voluntarily departs the United States after being unlawfully present for more than 180 consecutive days but less than 1 year" is subject to a three-year bar to readmission to the United States, and an alien who "departs (voluntarily or involuntarily) the United States after being unlawfully present for 1 consecutive year or more" is subject to a ten-year bar to readmission to the United States.<ref name="temple.edu">Temple University, [https://www.temple.edu/isss/immigration/overstay.html Visa Overstay and Illegal Presence in the US], Temple University, accessed January 17, 2019.</ref> |
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[http://www.wjh.harvard.edu/soc/faculty/sampson/2006_HarvardMagazine_LatinosNix.pdf |
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Immigrant Effects: Latinos Nix Violence]. In Harvard Magazine (September-October, 2006) pp. 15-16 |
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</ref> |
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Since 2007, visa overstays have accounted for a larger share of the growth in the illegal immigrant population than illegal border crossings.<ref name="Seitz 2019"/> In 2019, a [[Center for Migration Studies of New York]] study found that for the seventh consecutive year, the number of visa overstays significantly surpassed the number of unauthorized border crossings; "from 2016-2017, people who overstayed their visas accounted for 62 percent of the newly undocumented, while 38 percent had crossed a border illegally."<ref>Richard Gonzales, [https://www.npr.org/2019/01/16/686056668/for-seventh-consecutive-year-visa-overstays-exceeded-illegal-border-crossings For 7th Consecutive Year, Visa Overstays Exceeded Illegal Border Crossings], NPR (January 16, 2019).</ref> Some visa overstays occur unwittingly or inadvertently.<ref>Elizabeth Redden, [https://www.insidehighered.com/news/2018/05/15/proposed-policy-presents-new-risks-international-students-accused-violating-terms Violate Your Student Visa? You're Not Welcome Here], ''Inside Higher Ed'' (May 15, 2018).</ref> In other cases, visa-holders enter the United States without the intention to do so, but ultimately decide to do so due to extenuating circumstances, such as dangers in their home countries.<ref>Ashley Cleek, [https://www.pri.org/stories/2017-10-25/complicated-reasons-why-some-people-overstay-their-us-visas The complicated reasons why some people overstay their US visas], ''The World'', PRI (October 25, 2017).</ref> |
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===Threats and Violence=== |
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===Federal versus state role=== |
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Carlos Ibarra Perez, a retired worker in Reynosa Mexico, announced a $10,000 reward in [[2000]] for the first person who killed a U.S. border-patrol agent,<ref>[[UPI]] [http://www.newsmax.com/articles/?a=2000/6/7/134757 Border Patrol Bounty Withdrawn]</ref> following several killings of killings of immigrants by the Border Patrol and US vigilantes; He withdraw his bounty shortly afterwards in response to heavy pressure by the US and Mexican governments. |
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The federal government has primary responsibility for immigration enforcement in the United States.<ref>Megan Davy, Deborah W. Meyers & Jeanne Batalova, [https://www.migrationpolicy.org/article/who-does-what-us-immigration Who Does What in U.S. Immigration], ''Migration Information Source'', Migration Policy institute (December 1, 2005).</ref><ref>Jessica Saunders, Nelson Lim & Don Prosnitz, [https://www.rand.org/pubs/occasional_papers/OP273.html Enforcing Immigration Law at the State and Local Levels: A Public Policy Dilemma], RAND Corporation (2010).</ref> |
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<ref>[http://news.bbc.co.uk/1/hi/world/americas/780881.stm Tempers Rise over US Border Deaths]. [[BBC News]], June 7, 2000.</ref> |
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Assistance from state and local police for immigration enforcement has been controversial and legally complicated in various ways. In jurisdictions with majority support for strong immigration enforcement, state and local police often cooperate with federal officials. Some state governments have declared federal enforcement activities insufficient, and attempted to prevent illegal immigration through state law and police. In some jurisdictions where majorities feel federal immigration restrictions are unjust or enforcement actions too harsh, state and local police are prohibited from voluntary cooperation with immigration enforcement agencies. This may include information sharing or acting on [[ICE detainer]]s. Some jurisdictions prohibit asking about or checking the immigration status of victims, witnesses, or perpetrators, with the goal of encouraging undocumented residents to report crimes without fear of disproportionate consequences or being deported themselves. Many of these have declared themselves [[sanctuary city|sanctuary cities]] or states. |
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In 2006, [[Phoenix]] talk show host [[Brian James]] suggested on the air that a solution to the immigration problem in Arizona would be to kill illegal immigrants on random nights as they cross the border. [[Arizona]] [[Attorney General]] [[Terry Goddard]] and [[U.S. Attorney]] [[Paul Charlton]] called the remarks "irresponsible and dangerous".<ref>[[Associated Press]], April 10, 2006. [http://kvoa.com/Global/story.asp?S=4744652 Officials: Radio host's call to kill border crossers dangerous].</ref> Also in 2006, [[Nashville]] radio talk show host [[Phil Valentine]] said during Demagnetize America, an anti-immigrant meeting, that he thought the U.S. Border Patrol Agents should consider shooting undocumented immigrants as they come across the border.<ref>Bill Berkowitz, May 5, 2006. [http://www.dissidentvoice.org/May06/Berkowitz05.htm Nativists Declare Open Season on Undocumented Immigrants]. [[Dissident voice]].</ref> In [[2005]], [[New Jersey]] radio talk show host [[Hal Turner]] encouraged to "Kill illegal aliens as they cross into the U.S. When the stench of rotting corpses gets bad enough, the rest will stay away."<ref>[[ADL]] [http://www.adl.org/main_Extremism/turner_own_words.htm Hal Turner in His Own Words]</ref> |
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According to a 2006 report by the [[Anti-Defamation League]], white supremacists and other far-right extremists are engaging in a growing number of violent assaults against legal and illegal immigrants and those perceived to be immigrants.<ref>[[Anti-Defamation League]], April 26, 2006. [http://www.adl.org/PresRele/Extremism_72/4904_12.htm Extremists Declare 'Open Season' on Immigrants].</ref> |
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States have considerable power to make legal residency status a requirement for employment and state services including [[social safety net]] programs and [[higher education]]. The 1982 US Supreme Court decision ''[[Plyler v. Doe]]'' ruled that K-12 students cannot be denied an education on the basis of immigration status. Whether or not to issue [[Driver's licenses for illegal immigrants in the United States|driver's licenses for illegal immigrants]] became a high-profile political issue in the 21st century. |
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===Terrorism=== |
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In April 2010, Arizona passed [[Arizona SB 1070|SB 1070]], at the time the broadest and strictest anti-illegal immigration bill in the United States.<ref name="nyt-az-law" /> and was challenged by the [[United States Department of Justice|Department of Justice]] as encroaching on powers reserved by the United States Constitution to the Federal Government.<ref name="nyt-az-law"/> In July 2010, a [[United States District Court for the District of Arizona|federal district court]] issued a preliminary injunction affecting the most controversial parts of the law, including the section that required police officers to check a person's immigration status after a person had been involved in another act or situation which resulted in police activity.<ref name="archibold"/> The case came to the [[Supreme Court of the United States]] in ''[[Arizona v. United States]]'' (2012). The Court unanimously sustained the law's central and most controversial requirement, requiring state law enforcement officials "to determine the immigration status of anyone they stop or arrest if they have reason to suspect that the individual might be in the country illegally"—a clause called the "show me your papers" provision by opponents.<ref name=Liptak>Adam Liptak [https://www.nytimes.com/2012/06/26/us/supreme-court-rejects-part-of-arizona-immigration-law.html Blocking Parts of Arizona Law, Justices Allow Its Centerpiece], ''New York Times'' (June 26, 2012).</ref> The Court, however, indicated that future legal challenges to the provision could still be pursued based on, for example, allegations of [[racial profiling]] in the use of the clause.<ref name=Liptak/> The Court also struck down as unconstitutional, by a 5–3 vote, provisions of the Arizona law making it a criminal offense for illegal immigrants to work or seek employment and permitting police to make [[Arrest warrant|warrantless arrests]] if they had [[probable cause]] to believe that the arrestee had done an act that would render him or her deportable under federal law"; and struck down as unconstitutional, by a 6–2 vote, a clause of the Arizona law that made it a state crime for immigrants to fail to register with the federal government.<ref name=Liptak/> |
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[[Mohamed Atta al-Sayed]] and two of his co-conspirators had expired visas when they executed the [[September 11, 2001 attacks]]. All of the attackers had U.S. government issued documents and two of them were erroneously granted visa extensions after their deaths. The [[National Commission on Terrorist Attacks Upon the United States]] found that the government inadequately tracked those with expired tourist or student visas. |
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In 2016, Arizona reached a settlement with a number of immigrants rights organizations, including the [[National Immigration Law Center]], overturning the part of the law providing for police to demand papers from persons they suspected of being illegally present in the United States. The practice had led to racial profiling of Latinos and other minorities.<ref name="la times">{{cite news|last1=Duara|first1=Nigel|title=Arizona's Once-Feared Immigration Law, SB 1070, Loses Most of Its Power in Settlement|url=https://latimes.com/nation/la-na-arizona-law-20160915-snap-story.html|newspaper=Los Angeles Times|date=September 15, 2017}}</ref> The ''Los Angeles Times'' reported that the settlement "pulls the last set of teeth from what was once the nation's most fearsome immigration law."<ref name="la times"/> |
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[[Mark Krikorian]] of the [http://www.cis.org/ Center for Immigration Studies], a think-tank that promotes stricter immigration standards and enforcement, testified in a hearing before the House of Representatives that <blockquote>"out of the 48 [[al-Qaeda]] operatives who committed crimes here between 1993 and 2001, 12 of them were illegal aliens when they committed their crimes, 7 of them were visa overstayers, including 2 of the conspirators in the [[World Trade Center bombing|first World Trade Center attack]], one of the figures from the New York subway bomb plot, and 4 of the 9/11 terrorists. In fact, even a couple other terrorists who were not illegal when they committed their crimes had been visa overstayers earlier and had either applied for asylum or finagled a fake marriage to launder their status." [http://commdocs.house.gov/committees/intlrel/hfa27480.000/hfa27480_0.HTM]</blockquote> According to statements made by [[Attorney General]] [[John Ashcroft]], all of the 9/11 hijackers came directly to the United States rather than across any of the borders[http://geo.international.gc.ca/can-am/washington/ambassador/051220-en.asp], and this is also supported by the [[9/11 Commission Report]][http://geo.international.gc.ca/can-am/washington/ambassador/051220-burns-en.asp]. |
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States do have the [[Police power (United States constitutional law)|police power]] to control movement across their borders and set up border checkpoints, as with [[weigh station]]s, [[California Border Protection Stations]], and highway checkpoints set up during the [[COVID-19 pandemic in Rhode Island]]. Texas governor [[Greg Abbott]] used this power in various ways under [[Operation Lone Star]], targeting illegal entries across the Mexico border. Texas authorities have arrested undocumented migrants on state charges for offenses such as criminal trespass on private land and human smuggling. They began building or enhancing border walls and other physical deterrents, sometimes with negative consequences for migrant safety or the environment, which generated lawsuits. In April 2022, Abbott ordered state authorities to inspect commercial vehicles entering from Mexico (which had already passed US customs inspection) for illegal cargo and passengers. This caused massive traffic backups and had to be abandoned shortly thereafter, without having made any seizures or arrests.<ref>{{cite news|url=https://www.washingtonpost.com/business/2022/04/15/texas-truck-greg-abbott-mexico/|title=Texas Gov. Abbott reverses course on truck inspections at Mexico border|last=Reiley|first=Laura|date=April 15, 2022|newspaper=The Washington Post|access-date=April 17, 2022}}</ref><ref>{{Cite news |last=Garcia |first=Ariana |date=April 22, 2022 |title=Gov. Greg Abbott truck inspections turned up zero drugs, migrants but cost Texas $4.2 billion |url=https://www.lmtonline.com/politics/article/Border-inspections-law-Abbott-policy-migrants-cost-17119380.php |access-date=April 23, 2022 |website=Laredo Morning Times |language=en-US}}</ref> A [[standoff at Eagle Pass]] began in January 2024 when the governor ordered the [[Texas National Guard]] seized control of a park and refused entry to federal border control agents. Abbott and Arizona governor [[Doug Ducey]] have arranged for buses to transport migrants released from federal custody to pro-sanctuary cities or even the homes of prominent liberal politicians, without coordinating with local officials and sometimes overwhelming local support services. (At times, federal, state, and private facilities along the southern border have also become overwhelmed.) Florida governor [[Ron DeSantis]] even once arranged to [[Martha's Vineyard migrant airlift|airlift of migrants to Martha's Vineyard]], a wealthy island in liberal [[Massachusetts]]. |
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Vice Chair [[Lee Hamilton]] and Commissioner [[Slade Gorton]] of the [[National Commission on Terrorist Attacks Upon the United States]] has stated that of the [[Organizers of the September 11, 2001 attacks|nineteen hijackers]] of the [[September 11, 2001 attacks]], "Two hijackers could have been denied admission at the port on entry based on violations of immigration rules governing terms of admission. Three hijackers violated the immigration laws after entry, one by failing to enroll in school as declared, and two by overstays of their terms of admission."[http://www.9-11pdp.org/press/2004-08-19_testimony.pdf] Six months after the attack, their flight schools received posthumous visa approval letters from the [[INS]] for two of the hijackers, which made it clear that actual approval of the visas took place before the September 11 attacks [http://archives.cnn.com/2002/US/03/12/inv.flight.school.visas/]. |
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=== |
===Employment=== |
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Illegal immigrants are generally not allowed to receive state or local public benefits, which includes [[professional licensure in the United States|professional licenses]].<ref>{{USC|8|1621}}</ref> However, in 2013 the [[California State Legislature]] passed laws allowing illegal immigrants to obtain professional licenses. On February 1, 2014. [[Sergio C. Garcia]] became the first illegal immigrant to be admitted to the [[State Bar of California]] since 2008, when applicants were first required to list citizenship status on bar applications.<ref>{{cite news|last=Medina|first=Jennifer|title=Allowed to Join the Bar, but Not to Take a Job|url=https://www.nytimes.com/2014/01/03/us/immigrant-in-us-illegally-may-practice-law-california-court-rules.html|access-date=June 1, 2014|newspaper=The New York Times|date=January 2, 2014}}</ref> |
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"Legal immigrants over the age of 15 must have a chest x-ray to check for tuberculosis (drug resistant TB is incurably fatal and highly contagious)".<ref>http://www.motherjones.com/news/feature/2003/03/ma_311_01.html</ref><ref>[http://www.jpands.org/vol10no1/cosman.pdf]</ref> Illegal aliens are not screened. According to Dr. Lee Reichman, "Unless Americans are willing to adopt suffocatingly draconian immigration policies, the likelihood is that with globalization TB will again become epidemic here, in the same way that HIV moved from Africa to take root throughout the world. Suffering does not localize. When we engage with the world, we engage, inescapably and absolutely, with the world's infections. And the most devastating infection in the world is not Ebola or Lyme disease, West Nile virus or even HIV, but tuberculosis."<ref>http://www.motherjones.com/news/feature/2003/03/ma_311_01.html</ref> Dr. Madelein Cosman concurs, but points out that other diseases are also an issue, "many illegal aliens harbor fatal diseases that American medicine fought and vanquished long ago, such as drug-resistant tuberculosis, malaria, leprosy, plague, polio, dengue fever, and Chagas disease,"<ref>[http://www.jpands.org/vol10no1/cosman.pdf]</ref> |
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=== |
===E-Verify=== |
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[[File:Map of the United States e-verify.svg|thumb|400px|As of 2015, red states required E-Verify for most public employers, blue states required E-Verify for some public contractors and subcontractors, and yellow required E-Verify for all employers.<ref>{{Cite web| title = State E-Verify Action| access-date = February 13, 2023| url = https://www.ncsl.org/immigration/state-e-verify-action | website = National Conference of State Legislatures | date = August 15, 2015}}</ref>{{Update inline|date=September 2024}}]] |
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The net growth rate of the native population in the United States without immigration has been close to a stable plateau since 1972.[http://www.susps.org/]. |
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[[E-Verify]] is a United States [[Department of Homeland Security]] (DHS) website that allows businesses to determine the eligibility of their employees, both US and foreign citizens, to work in the [[United States]]. No federal law mandates use of E-Verify. |
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Research shows that E-Verify harms the labor market outcomes of illegal immigrants and improves the labor market outcomes of Mexican legal immigrants and US-born Hispanics, but has no impact on labor market outcomes for non-Hispanic Americans.<ref name=Orrenius2015>{{Cite journal|last1=Orrenius|first1=Pia M.|last2=Zavodny|first2=Madeline|date=April 1, 2015|title=The impact of E-Verify mandates on labor market outcomes|journal=Southern Economic Journal|language=en|volume=81|issue=4|pages=947–959|doi=10.1002/soej.12023|issn=2325-8012}}</ref> A 2016 study suggests that E-Verify reduces the number of illegal immigrants in states that have mandated use of E-Verify for all employers, and further notes that the program may deter illegal immigration to the United States in general. |
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According to a Time magazine report (dated Sept 12, 2004), "They turn the land to a vast latrine, leaving behind revolting mounds of personal refuse..They steal vehicles..They poison dogs to quiet them." In addition to the obvious damage done to fragile deserts by hundreds of thousands of illegal aliens tramping through them are many other significant negative environmental impacts of expanded population.[http://www.time.com/time/printout/0,8816,695827,00.html] |
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=== Apprehension === |
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==Employment== |
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[[File:2019 US Mexico Border Crossing apprehension (48036606282).jpg|thumb|US Border Patrol agents review documents of individuals suspected of attempted illegal entry in 2019.]] |
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To lawfully work within the US, individuals must have a valid [[Social Security Number]] and, if they are not citizens, authorization to work from the [[Department of Homeland Security]]. |
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[[Federal law enforcement in the United States|Federal law enforcement agencies]], specifically [[U.S. Immigration and Customs Enforcement|US Immigration and Customs Enforcement]] (ICE), the [[United States Border Patrol]] (USBP), and [[U.S. Customs and Border Protection|US Customs and Border Protection]] (CBP), enforce the [[Immigration and Nationality Act of 1952]] (INA), and to some extent, the [[United States Armed Forces]], [[List of United States state and local law enforcement agencies|state and local law enforcement agencies]], and civilians and civilian groups guard the border. |
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====At workplace==== |
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===Working without authorization=== |
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Before 2007, immigration authorities alerted employers of mismatches between reported employees' [[Social Security number|Social Security cards]] and the actual names of the card holders. In September 2007, a federal judge halted this practice of alerting employers of card mismatches.<ref name="nytimes4"/> |
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Undocumented workers seek and engage in work without authorization from the government. The United States has laws requiring workers to have proper documentation, often intended to prevent the employment of illegal immigrants. The penalties against employers are not always enforced consistently, which means that employers can easily use illegal labor. Undocumented workers are especially popular with employers because they can violate [[minimum wage]] laws secure in the knowledge that illegal workers dare not report their employers to the police.{{Fact|date=February 2007}} |
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At times illegal hiring has not been prosecuted aggressively: between 1999 and 2003, according to ''[[The Washington Post]]'', "work-site enforcement operations were scaled back 95 percent by the [[Immigration and Naturalization Service]].<ref name="washingtonpost"/> Major employers of illegal immigrants have included: |
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===Basic Pilot Program=== |
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* [[Wal-Mart]]: In 2005, Wal-Mart agreed to pay $11 million to settle a federal investigation that found hundreds of illegal immigrants were hired by Wal-Mart's cleaning contractors.<ref name="washingtonpost5"/> |
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The [[Department of Homeland Security]] maintains the [[Basic Pilot Program]]; a joint program between the DHS and the [[Social Security Administration]] that employers can use to check the work eligibility of newly hired workers. The program involves verification checks of names and social security numbers against the SSA and DHS databases. It is designed to screen for fake names and fake SS numbers, or names and numbers that do not match. It does not check as to whether legitimate names and numbers are being used by more than one person at one time, or in multiple locations. This information is known by the IRS but is not widely shared for "privacy reasons". Proposed legislation to fix these limitations have gone no where in Congress. Participation in the Basic Pilot Program is voluntary, and is free to participating employers. |
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* [[Swift & Co.]]: In December 2006, in the largest such crackdown in American history, US federal immigration authorities [[Swift raids|raided Swift & Co. meat-processing plants]] in six US states, arresting about 1,300 illegal immigrant employees.<ref name="usatoday"/> |
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* [[Tyson Foods]]: This company was accused of actively importing illegal labor for its chicken packing plants; at trial, however, the jury acquitted the company after evidence was presented that Tyson went beyond mandated government requirements in demanding documentation for its employees.<ref name="harvard"/> |
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* Gebbers Farms: In December 2009, US immigration authorities forced this [[Brewster, Washington]], farm known for its fruit orchards to fire more than 500 illegal workers, mostly immigrants from Mexico. Some were working with false social security cards and other false identification.<ref name="preston"/> |
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[[File:ElPaso-Juarez-EO.jpg|thumb|left|upright=0.9|[[El Paso]] (top) and Ciudad Juárez (bottom) seen from earth orbit; the Rio Grande is the thin line separating the two cities through the middle of the photograph.]] |
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===Corporate violations=== |
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Some major companies have been accused of hiring undocumented workers: |
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===Detention=== |
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* In 2003 [[Tyson Foods]] was accused of actively importing illegal labor for its [[chicken]] packing plants; However, the jury acquitted the company after evidence was presented that Tyson went beyond mandated government requirements in demanding documentation for its employees. Tyson also used its enrollment in the Basic Pilot and EVP Programs (voluntary employment eligibility screening programs) as part of its defense. <ref>{{cite news |
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{{Main|Immigration detention in the United States}} |
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|url= http://www.law.harvard.edu/students/orgs/llr/vol9/tanger.php#Heading144 |
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About 31,000 people who are not US citizens are held in immigration detention on any given day,<ref name="In-Custody Deaths"/> including children, in over 200 detention centers, jails, and prisons nationwide.<ref name="Kalhan2010">{{Citation|title=Rethinking Immigration Detention|ssrn=1556867|year=2010|author=Anil Kalhan|journal=Columbia Law Review Sidebar|volume=110|pages=42–58}}</ref> The [[United States government]] held more than 300,000 people in [[immigration detention]] in 2007 while deciding whether to deport them.<ref name="Ill and in Pain, Detainee Dies in U.S. Hands"/> |
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|title= Enforcing Corporate Responsibility for Violations of Workplace Immigration Laws: The Case of Meatpacking |
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|author= Stephanie E. Tanger |
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|publisher= Harvard Latino Law Review |
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|date=2006 |
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}}</ref> |
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===Deportation=== |
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*In 2005 [[Wal-Mart]] agreed to pay $11 million to settle a federal investigation that found hundreds of illegal immigrants were hired to clean its stores. Wal-Mart used sub-contractors and claimed that it was unaware that the sub-contactors where employing illegal immigrants as [[janitor]]s.<ref>{{cite news |
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{{main|Deportation and removal from the United States}} |
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|url= http://www.washingtonpost.com/wp-dyn/articles/A48612-2005Mar18.html |
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{{multiple image | total_width=450 |direction=horizontal |
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|title= Wal-Mart to Pay $11 Million: Chain Settles Illegal-Worker Investigation |
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| image1= 1892- Immigration Enforcement Actions - Department of Homeland Security.svg |caption1= History of immigration enforcement actions, raw numbers as reported by the U.S. Department of Homeland Security<ref name=DHS_202311>{{cite web |date=November 2023 |title=2022 Yearbook of Immigration Statistics |url=https://www.dhs.gov/sites/default/files/2023-11/2023_0818_plcy_yearbook_immigration_statistics_fy2022.pdf |url-status=live |archive-url=https://web.archive.org/web/20240110173616/https://www.dhs.gov/sites/default/files/2023-11/2023_0818_plcy_yearbook_immigration_statistics_fy2022.pdf |archive-date=January 10, 2024 |publisher=U.S. Department of Homeland Security |pages=103–104 (Table 39)}}</ref> |
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|author= Michael Barbaro |
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| image2= 1892- Immigration returns removals expulsions - per US population.svg |caption2= As a percent of US population, recent figures for enforcement actions are similar to those in several past decades.<ref name=DHS_enforcement_1892>● Data source for enforcement actions: {{cite web |title=2022 Yearbook of Immigration Statistics |url=https://www.dhs.gov/sites/default/files/2023-11/2023_0818_plcy_yearbook_immigration_statistics_fy2022.pdf |publisher=U.S. Department of Homeland Security, Office of Immigration Statistics |archive-url=https://web.archive.org/web/20240110173616/https://www.dhs.gov/sites/default/files/2023-11/2023_0818_plcy_yearbook_immigration_statistics_fy2022.pdf |archive-date=January 10, 2024 |pages=103-104 (Table 39) |date=November 2023 |url-status=live }} ● Data source for U.S. population history: {{cite web |title=Historical Population Change Data (1910-2020) / Population Change |url=https://www.census.gov/data/tables/time-series/dec/popchange-data-text.html |publisher=U.S. Census Bureau |archive-url=https://web.archive.org/web/20241202100939/https://www.census.gov/data/tables/time-series/dec/popchange-data-text.html |archive-date=2 December 2024 |date=26 April 2021 |url-status=live}}</ref> |
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|publisher= Washington Post |
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}} |
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|date= March 19, 2005 |
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Deportations of immigrants, which are also referred to as [[Deportation and removal from the United States|removals]], may be issued when immigrants are found to be in violation of US immigration laws. Deportations may be imposed on a person who is neither native-born nor a naturalized citizen of the United States.<ref>{{cite encyclopedia|url=https://www.britannica.com/EBchecked/topic/158282/deportation|title=deportation (law) – Britannica Online Encyclopedia|encyclopedia=Britannica.com|access-date=November 5, 2012}}</ref> |
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}}</ref> |
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Deportation proceedings are also referred to as [[removal proceedings]] and are typically initiated by the Department of Homeland Security. The United States issues deportations for various reasons which include security, protection of resources, and protection of jobs. |
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Deportations from the United States increased by more than 60 percent from 2003 to 2008, with Mexicans accounting for nearly two-thirds of those deported.<ref name="Mexicans deported from US face shattered lives"/> Under the [[presidency of Barack Obama|Obama administration]], deportations have increased to record levels beyond the level reached by the [[presidency of George W. Bush|George W. Bush administration]] with a projected 400,000 deportations in 2010, 10 percent above the deportation rate of 2008 and 25 percent above 2007.<ref name="deportations 2010"/> [[Fiscal year#United States|Fiscal year]] 2011 saw 396,906 deportations, the largest number in the history of [[U.S. Immigration and Customs Enforcement|US Immigration and Customs Enforcement]]; of those, about 55% had been convicted of crimes or misdemeanors, including: 44,653 convicted of [[drug-related crime]]s, 35,927 convicted of [[driving under the influence]], 5,848 convicted of [[sexual offense]]s, and 1,119 convicted of [[homicide]].<ref>{{cite news|url=http://www.cnn.com/2011/10/18/us/immigrant-deportations/|title=U.S. deportations reach historic levels|author=Jim Barnett|date=October 18, 2011|access-date=October 18, 2011|work=CNN}}</ref> |
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* In December 2006, in the largest such crackdown in American history, U.S. federal immigration authorities raided [[Swift & Co.]] meat-processing plants in six U.S. states, arresting about 1,300 illegal immigrant employees. Because Swift uses a government Basic Pilot program to confirm whether Social Security numbers are valid, no charges where filed against Swift. Company officials have questioned the program's ability to detect when two people are using the same number. <ref>{{cite news |
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[[File:2020- Title 42 expulsions - southwest U.S. border.svg |thumb |Expulsions under 42 U.S.C. 265 (Title 42 expulsions) from the southwest U.S. border<ref>{{cite web |title=Nationwide Enforcement Encounters: Title 8 Enforcement Actions and Title 42 Expulsions |url=https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics |publisher=U.S. Customs and Border Protection (CBP) |archive-url=https://web.archive.org/web/20240908040036/https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics/title-8-and-title-42-statistics |archive-date=8 September 2024 |date=13 October 2023 |url-status=live}}</ref>]] |
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|url= http://www.usatoday.com/news/nation/2006-12-13-immigration_x.htm |
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By the end of 2012, as many people had been deported during the first four years of the Obama presidency as were deported during the eight-year presidency of George W. Bush;<ref>[https://www.nytimes.com/2013/02/23/us/advocates-push-obama-to-halt-aggressive-deportation-efforts.html ''The New York Times'': "Seeing Citizenship Path Near, Activists Push Obama to Slow Deportations" by Michael D. Schear] {{webarchive |url=https://web.archive.org/web/20130518235142/http://www.nytimes.com/2013/02/23/us/advocates-push-obama-to-halt-aggressive-deportation-efforts.html |date=May 18, 2013}} February 22, 2013</ref> the number of deportations under Obama totalled 2.5 million by the end of 2015.<ref>{{cite web|url=https://abcnews.go.com/Politics/obamas-deportation-policy-numbers/story?id=41715661|title=Obama Has Deported More People Than Any Other President|work=ABC News|date=October 19, 2016}}</ref> |
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|title= Immigration raid linked to ID theft, Chertoff says |
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|author= Donna Leinwand |
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====The AEDPA and IIRIRA Acts of 1996==== |
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|publisher= USA TODAY |
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Two major pieces of legislation passed in 1996 had a significant effect on illegal immigration and deportations in the United States: the [[Antiterrorism and Effective Death Penalty Act]] (AEDPA) and the [[Illegal Immigration Reform and Immigrant Responsibility Act]] (IIRIRA). These were introduced following the [[1993 World Trade Center bombing]] and the 1995 [[Oklahoma City bombing]], both of which were terrorist attacks that claimed American lives. These two acts changed the way criminal cases of lawful permanent residents were handled, resulting in increased deportations from the United States.<ref name="jstor1">{{Cite journal|year=2000|title=Understanding the Impact of the 1996 Deportation Laws and the Limited Scope of Proposed Reforms|journal=Harvard Law Review|volume=113|issue=8|pages=1936–62|doi=10.2307/1342314|jstor=1342314|last1=Morawetz|first1=N.}}</ref> Before the 1996 deportation laws, there were two steps that lawful permanent noncitizen residents who were convicted of crimes went through. The first step determined whether or not the person was deportable. The second step determined if that person should or should not be deported. Before the 1996 deportation laws, the second step prevented many permanent residents from being deported by allowing for their cases to be reviewed in full before issuing deportations. External factors were taken into consideration such as the effect deportation would have on a person's family members and a person's connections with their country of origin. Under this system permanent residents were able to be relieved of deportation if their situation deemed it unnecessary. The 1996 laws however issued many deportations under the first step, without going through the second step, resulting in a great increase in deportations.{{Citation needed|date=September 2017}} |
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|date= December 13, 2006 |
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}}</ref> |
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One significant change that resulted from the new laws was the definition of the term ''aggravated felony''. Being convicted of a crime that is categorized as an aggravated felony results in mandatory detention and deportation. The new definition of aggravated felony includes crimes such as shoplifting, which would be a [[misdemeanor]] in many states. The new laws have categorized a much wider range of crimes as aggravated felonies. The effect of this has been a large increase in permanent residents facing mandatory deportation from the United States without the opportunity to plea for relief. The 1996 deportation laws have received a lot of criticism for their curtailing of residents' rights.<ref name="jstor1"/> |
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====The USA Patriot Act==== |
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The [[USA Patriot Act]] was passed seven weeks after the terrorist attacks of September 11, 2001. The purpose of the act was to give the government more power to act upon suspicion of terrorist activity. The new governmental powers granted by this act included a significant expansion of the conditions in which illegal immigrants could be deported based on suspicion of terrorist activity. The act gave the government the power to deport individuals based not only on plots or acts of terrorism, but on affiliations with certain organizations. The Secretary of State designated specific organizations ''foreign terrorist organizations'' before the USA Patriot Act was implemented. Organizations on this list were deemed dangerous because they were actively involved in terrorist activity. The Patriot Act created a type of organization called ''designated'' organizations. The Secretary of State and Attorney General were given the power to designate any organization that supported terrorist activity on any level. The act also allows for deportation based on involvement in undesignated organizations that were deemed suspicious.<ref>{{Cite journal|year=2003|title=Patriotic or Unconstitutional? The Mandatory Detention of Aliens under the USA Patriot Act|journal=Stanford Law Review|volume=55|issue=4|pages=1419–56|jstor=1229608|last1=Sinnar|first1=S.}}</ref> |
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Under the USA Patriot Act the Attorney General was granted the power to "certify" illegal immigrants that pose a threat to national security. Once an illegal immigrant is certified they must be taken into custody and face mandatory detention which will result in a criminal charge or release. The Patriot Act has been criticized for violating the [[Due Process Clause|Fifth Amendment right to due process]]. Under the Patriot Act, an illegal immigrant is not granted the opportunity for a hearing before given certification.<ref>{{cite web|url=http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/hjl39&div=21&id=&page= |title=39 ''Harvard Journal on Legislation'' 2002 "USA Patriot Act Recent Developments" |publisher=Heinonline.org |access-date=November 5, 2012}}</ref> |
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====Complications of birthright citizen children and illegal immigrant parents==== |
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Complications in deportation efforts ensue when parents are illegal immigrants, but their children are [[Birthright citizenship in the United States of America|birthright citizens]]. Federal appellate courts have upheld the refusal by the Immigration and Naturalization Service to stay the deportation of illegal immigrants merely on the grounds that they have US-citizen, minor children.<ref name="CRSReport"/> As of 2005, there were some 3.1 million United States citizen children living in families in which the head of the family or a spouse was an illegal immigrant;<ref name="The Size and Characteristics of the Unauthorized Migrant Population in the US"/> at least 13,000 children had one or both parents deported in the years 2005–2007.<ref name="The Size and Characteristics of the Unauthorized Migrant Population in the US"/>{{Failed verification|date=June 2018}} |
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===DREAM Act=== |
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The [[DREAM Act]] (acronym for Development, Relief, and Education for Alien Minors) was an American legislative proposal for a multi-phase process for illegal immigrants in the United States that would first grant conditional residency and upon meeting further qualifications, permanent residency. The bill was first introduced in the Senate on August 1, 2001, and has since been reintroduced several times but did not pass. It was intended to stop the deportation of people who had arrived as children and had grown up in the US. The Act would give lawful permanent residency under certain conditions which include: good moral character, enrollment in a secondary or post-secondary education program, and having lived in the United States at least 5 years. Those in opposition of the DREAM Act believe that it encourages illegal immigration.<ref>{{cite journal|url=http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/stflr55&div=61&id=&page=|title=55 Stanford Law Review 2002–2003 Patriotic or Unconstitutional – The Mandatory Detention of Aliens under the USA Patriot Act Note|journal=Stanford Law Review|volume=55|pages=1419|access-date=November 5, 2012|date=2003|last=Sinnar|first=Shirin}}</ref> |
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Although the DREAM Act has not been enacted by federal legislation, a number of its provisions were implemented by a memorandum issued by [[Janet Napolitano]] of the [[Department of Homeland Security]] during the Obama administration. To be eligible for [[Deferred Action for Childhood Arrivals]] (DACA), one must show that they were under 31 years of age {{as of|2012|June|15|lc=y|df=US}}; that they came to the United States before their 16th birthday; that they have continuously resided in the United States from June 15, 2007, until the present; that they were physically present in the United States on June 15, 2012, and at the time they applied for DACA; that they were not authorized to be in the United States on June 15, 2012; that they are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and that they have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.<ref>For more information please visit {{cite web |url=http://www.hannafordimmigration.com/immigration-services/humanitarian-visa-types/#DACA |title=Humanitarian Visas |access-date=October 4, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20151020163517/http://www.hannafordimmigration.com/immigration-services/humanitarian-visa-types/#DACA |archive-date=October 20, 2015}}</ref> |
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===Deportation trends=== |
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==Immigration enforcement== |
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There have been two major periods of mass deportations in US history. In the [[Mexican Repatriation]] of the 1930s, through mass deportations and forced migration, an estimated 500,000 Mexicans and Mexican Americans were deported or coerced into emigrating, in what Mae Ngai, an immigration historian at the University of Chicago, has described as "a racial removal program".<ref name="usatodaymexrepat" /> The majority of those removed were US citizens.<ref name="usatodaymexrepat" /> Rep. Luis Gutierrez, D-Ill., cosponsor of a US House Bill that calls for a commission to study the "deportation and coerced emigration" of US citizens and legal residents, has expressed concerns that history could repeat itself, and that should illegal immigration be made into a felony, this could prompt a "massive deportation of US citizens".<ref name="usatodaymexrepat" /> |
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The [[U.S. Customs and Border Protection]] is responsible for apprehending individuals attempting to enter the United States illegally. The [[United States Border Patrol]] is its mobile uniformed law enforcement arm, responsible for deterrence, detection and apprehension of immigrants who enter the United States without authorization from the government and outside the designated ports of entry. |
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In [[Operation Wetback]] in 1954, the United States and the Mexican governments cooperated to deport illegal immigrant Mexicans in the US to Mexico. This cooperation was part of more harmonious [[Mexico–United States relations]] starting in World War II. Joint border policing operations were established in the 1940s when the [[Bracero Program]] (1942–1964) brought qualified Mexicans to the US as [[guest workers]]. Many Mexicans who did not qualify for the program migrated illegally. According to Mexican law, Mexican workers needed authorization to accept employment in the US. As Mexico industrialized post-World War II in what was called the [[Mexican Miracle]], Mexico wanted to preserve "one of its greatest natural resources, a cheap and flexible labor supply."<ref>Kelly Lytle Hernández, "The Crimes and Consequences of Illegal Immigration: A Cross-Border Examination of Operation Wetback, 1943–1954," ''The Western Historical Quarterly'', vol. 37, no. 4, (Winter 2006), p. 425.</ref> Some illegal immigrants, in some cases along with their US born children ([[Birthright citizenship in the United States|who are citizens according to US law]]),<ref name="pbsborder" /> fearful of potential violence as police swarmed through Mexican American barrios throughout the southeastern states, stopping "Mexican-looking" citizens on the street and asking for identification, fled to Mexico.<ref name="pbsborder" /> |
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=== Allegations of abuse === |
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{{main|United States Border Patrol}} |
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In 1986, President Ronald Reagan signed the [[Immigration Reform and Control Act of 1986|Immigration Reform and Control Act]] that gave [[amnesty]] to 3 million illegal immigrants in the country.<ref>"A Reagan Legacy: Amnesty For Illegal Immigrants". NPR: National Public Radio. July 4, 2010 |
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There are allegations of abuse by the [[United States Border Patrol]] such as the ones reported by Jesus A. Trevino, that concludes in an article published in the ''Houston Journal of International Law'' (2006) with a request to create an independent review commission to oversee the actions of the [[Border Patrol]], and that creating such review board will make the American public aware of the "serious problem of abuse that exists at the border by making this review process public" and that "illegal immigrants deserve the same constitutionally-mandated humane treatment of citizens and legal residents".<ref>{{cite news |
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{{cite web |
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|url= http://www.hjil.org/Articles/ArticleFiles/21_1_10.pdf |
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|url = https://www.npr.org/templates/story/story.php?storyId%3D128303672%26ft%3D1%26f%3D1001 |
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|title= Border Violence against Illegal Immigrants and the Need to Change the Border Patrol's Current Complaint Review Process (Volume 21, No. 1) |
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|title = A Reagan Legacy: Amnesty For Illegal Immigrants |
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|author= Jesus A. Trevino |
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|website = [[NPR]] |
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|publisher= Houston Journal of International Law |
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|date= |
|access-date = November 6, 2010 |
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|url-status = dead |
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|archive-url = https://web.archive.org/web/20161123211600/http://www.npr.org/templates/story/story.php?storyId=128303672&ft=1&f=1001 |
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|archive-date = November 23, 2016 |
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}}</ref> |
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A direct effect of the deportation laws of 1996 and the Patriot Act has been a dramatic increase in deportations. Prior to these acts deportations had remained at about an average of 20,000 per year. Between 1990 and 1995 deportations had increased to about an average of 40,000 a year. From 1996 to 2005 the yearly average had increased to over 180,000. In the year 2005 the number of deportations reached 208,521 with less than half being deported under criminal grounds.<ref>{{Cite journal | last1 = Hagan | first1 = J. | last2 = Eschbach | first2 = K. | last3 = Rodriguez | first3 = N. | title = U.S. Deportation Policy, Family Separation, and Circular Migration | doi = 10.1111/j.1747-7379.2007.00114.x | journal = International Migration Review | volume = 42 | page = 64 | year = 2008 | s2cid = 145761772}}</ref> According to a June 2013 report published by the [[Washington Office on Latin America]], dangerous deportation practices are on the rise and pose a serious threat to the safety of the migrants being deported. These practices include repatriating migrants to border cities with high levels of drug-related violence and criminal activity, night deportations (approximately 1 in 5 migrants reports being deported between the hours of 10{{nbsp}}pm and 5{{nbsp}}am), and "lateral repatriations", or the practice of moving migrants from the region where they were detained to areas hundreds of miles away.<ref>Isacson, Adam and Maureen Meyer. "[http://www.wola.org/commentary/dangerous_deportation_practices_that_put_migrants_at_risk Dangerous Deportation Practices that put Migrants at Risk.] {{webarchive |url=https://web.archive.org/web/20140227204557/http://www.wola.org/commentary/dangerous_deportation_practices_that_put_migrants_at_risk |date=February 27, 2014}}" Washington Office on Latin America, June 4, 2013. Retrieved July 31, 2013.</ref> These practices increase the risk of gangs and organized criminal groups preying upon the newly arrived migrants. |
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=== Police involvement === |
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The higher crime rates associated with the cross border traffic has led to extensive efforts on the part of individual sheriffs and communities trying to prevent further damage to their property and communities. [http://www.washingtonpost.com/wp-dyn/content/article/2006/05/19/AR2006051901856.html] [http://www.breitbart.com/news/2006/05/04/D8HD8A9O0.html] [http://www.nytimes.com/2006/05/10/us/10smuggle.html?ex=1304913600&en=d28539b33576bf6b&ei=5088&partner=rssnyt&emc=rss] However, federal judges have ruled that control of illegal immigration is the exclusive domain of the federal government and have prohibited local communities and states from attempting to enforce ordinances intended to control illegal immigration[http://www.foxnews.com/story/0,2933,226818,00.html?sPage=fnc.specialsections/immigration]. |
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In 2013, deportation prioritization guidance used by Immigration and Customs enforcement, was extended to Customs and Border Protection, under the Obama Administration's [[prosecutorial discretion]] plan.<ref>{{cite news |last=Schlanger |first=Margo |date=November 25, 2014 |title=A Civil Rights Lawyer Explains Why Obama's Immigration Order Is an Even Bigger Deal Than It Seems |url=https://newrepublic.com/article/120417/obama-immigration-order-changes-ice-cbp-enforcement-priorities |newspaper=New Republic |access-date=January 30, 2015}}</ref> |
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===Militarization of the border=== |
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Under the [[Obama administration]], removals peaked in fiscal year (FY) 2012, when 409,849 persons were removed (about 55% of whom had a criminal conviction, with some additional number with a pending criminal charge).<ref name=Radnofsky>Louise Radnofsky, [https://www.wsj.com/articles/u-s-deportations-rise-but-remain-below-peak-in-obama-era-11553198656 U.S. Deportations Rise, but Remain Below Peak in Obama Era], ''Wall Street Journal'' (March 21, 2019).</ref> and FY 2013, when 438,421 persons were removed.<ref>Julia Preston, [https://www.nytimes.com/2014/10/02/us/deportation-up-in-2013-border-sites-were-focus.html Deportation Up in 2013; Border Sites Were Focus], ''New York Times'' (October 1, 2014).</ref> Deportations thereafter declined while still remaining high: there were 414,481 deportations in FY 2014,<ref>Ana Gonzales-Barrera & Jens Manuel Krogstad, [https://www.pewresearch.org/fact-tank/2016/08/31/u-s-immigrant-deportations-declined-in-2014-but-remain-near-record-high/ U.S. immigrant deportations declined in 2014, but remain near record high], Pew Research Center (August 31, 2016).</ref> 235,413 deportations in FY 2015,<ref name=BeverPaul>Lindsey Bever & Deanna Paul, [https://www.washingtonpost.com/nation/2018/12/14/deportations-under-trump-are-rise-still-lower-than-obamas-ice-report-shows/ Deportations under Trump are on the rise but still lower than Obama's, ICE report shows], ''Washington Post'' (December 14, 2018).</ref> 240,255 deportations in FY 2016.<ref name=Radnofsky/><ref name=BeverPaul/> Under the [[First presidency of Donald Trump|Trump administration]], deportations rose but remained lower than the Obama-era peaks.<ref name=BeverPaul/><ref name=Radnofsky/> There were 226,119 deportations in fiscal year 2017,<ref name=Radnofsky/> and 256,085 deportations in FY 2018.<ref name=Radnofsky/> |
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The [[Posse Comitatus Act]] generally prohibits direct participation of Department of Defense personnel in civilian law enforcement activities, such as search, seizure, and arrests.<ref>{{cite web |
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|url= http://www.uscg.mil/hq/g-cp/comrel/factfile/Factcards/PosseComitatus.html |
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|title= Posse Comitatus Act |
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|publisher = United States Coast Guard |
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|accessdate=2007-02-13 |
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|format= HTML |
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|work= Factcards}}</ref> |
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A study in 2005 by the [[Center for American Progress]], a liberal think tank, estimated that the cost of forcibly removing most of the nation's illegal immigrants (then estimated to be about 10 million) would be $41 billion a year, more than the entire annual budget of the US Department of Homeland Security.<ref name="washingtonpost7" /> The study estimated that the cost over five years would be between $206 billion to $230 billion, depending on how many departed voluntarily.<ref name="washingtonpost7" /> A 2017 study published in the ''[[Journal on Migration and Human Security]]'' found that a mass-deportation program would create immense social and economic costs, including a cumulative GDP reduction of $4.7 trillion over a decade; damage to the US housing market (because an estimated 1.2 million mortgages are held by households that include one or more illegal immigrants); and a 47% drop in the median household income for the US's estimated 3.3 million "mixed-status" households (household that include at least one illegal immigrant and at least one US citizen), which would result in a major increase in poverty.<ref>{{Cite journal|doi=10.1177/233150241700500101|title=Mass Deportations Would Impoverish US Families and Create Immense Social Costs|year=2017|last1=Warren|first1=Robert|last2=Kerwin|first2=Donald|journal=Journal on Migration and Human Security|volume=5|pages=1–8|s2cid=219950152|doi-access=free}}</ref> |
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[[Major]] Craig T. Trebilock, a member of the [[Judge Advocate General's Corps]] in the [[U.S. Army Reserve]] stated in an article on the use of military forces in the battle against terrorism, "The Posse Comitatus Act was passed to remove the Army from civilian law enforcement and to return it to its role of defending the borders of the United States."[http://www.homelandsecurity.org/journal/articles/Trebilcock.htm] Former [[United States Border Patrol]] Supervisor David Stoddard stated "There are those who would argue that this is a violation of Posse Comitatus. That's ridiculous. Posse Comitatus prohibits the use of troops for domestic law enforcement. Border security is not domestic law enforcement. It is protecting our nation from foreign intruders. Besides, Posse Comitatus was passed in 1878, yet the [[U.S. Cavalry]] continued to patrol the U.S. Mexico Border until 1924."{{Fact|date=February 2007}} |
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===Military involvement=== |
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In [[1995]] [[Congress]] considered an excemption from the [[Posse Comitatus Act]] authorizing the [[Secretary of Defense]] to detail members of the [[Armed Forces]] to enforce the immigration and customs laws in border areas.[http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.1224.IH:] |
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In 1995, the [[United States Congress]] considered an exemption from the [[Posse Comitatus Act]], which generally prohibits direct participation of [[United States Army|US soldiers]] and [[United States Air Force|airmen]] (and [[United States Navy|sailors]] and [[United States Marine Corps|marines]] by policy of the [[United States Department of the Navy|Department of the Navy]]) in domestic law enforcement activities, such as search, seizure, and arrests.<ref name="uscg" /> |
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In 1997, |
In 1997, marines shot and killed 18-year-old US citizen [[Esequiel Hernández Jr]]<ref name="time" /> while on a mission to interdict smuggling and illegal immigration near the border community of [[Redford, Texas]]. The marines observed the high school student from concealment while he was tending his family's goats in the vicinity of their ranch. At one point, Hernandez raised his [[.22 Long Rifle|.22-caliber]] rifle and fired shots in the direction of the concealed soldiers. He was subsequently tracked for 20 minutes then shot and killed.<ref name="On the Border" /><ref name="ballad" /> In reference to the incident, military lawyer Craig T. Trebilcock argues, "the fact that armed military troops were placed in a position with the mere possibility that they would have to use force to subdue civilian criminal activity reflects a significant policy shift by the executive branch away from the posse comitatus doctrine."<ref name="homelandsecurity" /> The killing of Hernandez led to a congressional review<ref name="dpft" /> and an end to a nine-year-old policy of the military aiding the Border Patrol.<ref name="dpft8" /> |
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After the [[September 11 attacks]] in 2001, the United States again considered placing soldiers along the [[US-Mexico Border|U.S.-Mexico Border]] as a security measure.<ref name="pitt" /> In May 2006, President [[George W. Bush]] announced plans to use the [[United States National Guard|National Guard]] to strengthen enforcement of the US–Mexico border from illegal immigrants,<ref name="washingtonpost9" /> emphasizing that Guard units "will not be involved in direct law enforcement activities".<ref name="archives" /> |
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emphasizing that Guard units "will not be involved in direct law enforcement activities."[http://www.whitehouse.gov/news/releases/2006/05/20060515-8.html] Mexican Foreign Secretary Luis Ernesto Derbez said in an interview with a Mexico City radio station, "If we see the National Guard starting to directly participate in detaining people ... we would immediately start filing lawsuits through our consulates," <ref>http://www.newsmax.com/archives/articles/2006/5/16/234417.shtml</ref> |
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[[ACLU]] called on the President not to deploy military troops to deter immigrants, and stated that a "deployment of National Guard troops violates the spirit of the Posse Comitatus Act"[http://www.aclu.org/immigrants/gen/25575prs20060515.html]. According to the [[State of the Union Address]] in [[January]] [[2007]][http://www.whitehouse.gov/stateoftheunion/2007/initiatives/immigration.html], more than 6000 National Guard members have been sent to the [[US-Mexico border]] to supplement the Border Patrol [http://www.whitehouse.gov/infocus/immigration/], costing in excess of $750 million [http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/10/23/MNG9NLUADE1.DTL]. |
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The [[American Civil Liberties Union]] (ACLU) called on the President not to deploy troops to deter illegal immigrants, and stated that a "deployment of National Guard troops violates the spirit of the Posse Comitatus Act".<ref name="aclu" /> According to the [[2007 State of the Union Address|State of the Union address in January 2007]],<ref name="archives10" /> more than 6,000 National Guard members had been sent to the border to supplement the Border Patrol,<ref name="archives11" /> costing in excess of $750 million.<ref name="sfgate" /> |
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===Sanctuary cities=== |
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{{Main|Sanctuary city}} |
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[[Department of Homeland Security]] officials have stated that "...illegal immigration threatens our communities and our national security."[http://www.dhs.gov/dhspublic/display?theme=45&content=4890&print=true] In fact, one of the main points of the illegal immigration controversy involves an increasing number of U.S. citizens calling for increased border security (with the main idea being to reduce illegal immigration). Some critics of border security suggest that their opponents are ignoring larger [insolvable] issues of wealth disparity, flaws in the immigration process, or other systematic issues which may have given rise to such a large influx of illegal immigrants, instead offering a band-aid solution. |
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[[File:Map of Sanctuary Cities and Counties in the United States.svg|thumb|right|upright=1.6|{{center|'''Sanctuary cities in the United States (February 2017)'''}}{{legend|#A6CEE3|State has legislation in place that establishes a statewide sanctuary for illegal immigrants}} |
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{{legend|#33A02C|County or county equivalent either contains a municipality that is a sanctuary for illegal immigrants, or is one itself}} |
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{{legend|#FB9A99|All county jails in the state do not honor ICE detainers}} |
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{{legend|#B2DF8A|Alongside statewide legislation or policies establishing sanctuary for illegal immigrants, county contains a municipality that has policy or has taken action to further provide sanctuary to illegal immigrants}} |
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<small>*Map is based on data published by [[U.S. Immigration and Customs Enforcement|ICE]] in a [https://www.ice.gov/doclib/ddor/ddor2017_02-11to02-17.pdf February 2017 report] outlining jurisdictions that have declined ICE detainers.{{Update inline|date=September 2024}}</small>]] |
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Several US cities have instructed their own law enforcement personnel and civilian employees not to notify the federal government when they become aware of illegal immigrants living within their jurisdiction. |
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[[File:Sanctuary Policy by State.svg|thumb|A map of US states colored by their policy on sanctuary cities. States colored red have banned sanctuary cities statewide. States highlighted in blue are pro-sanctuary states, whereas states colored gray are unknown to be either a pro- or anti-sanctuary state.{{When|date=August 2024}}{{Update inline|date=September 2024}}]] |
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There is no official definition of "sanctuary city".<ref name="nytinter">{{Cite news | url=https://www.nytimes.com/interactive/2016/09/02/us/sanctuary-cities.html | title=What Are Sanctuary Cities?| newspaper=The New York Times| date=September 3, 2016| last1=Lee| first1=Jasmine C.| last2=Omri| first2=Rudy| last3=Preston| first3=Julia}}</ref> Cities which have been referred to as "sanctuary cities" by various politicians include [[Washington, D.C.]]; [[Illegal immigration in New York City|New York City]]; Los Angeles; Chicago; [[San Francisco]];<ref name="sfgov" /> [[San Diego]]; [[Austin, Texas|Austin]]; [[Salt Lake City]]; [[Dallas]]; [[Detroit]]; [[Honolulu]]; [[Houston]]; [[Jersey City]]; [[Minneapolis]]; [[Miami]]; [[Newark, New Jersey|Newark]]; [[Denver]]; [[Aurora, Colorado]]; [[Baltimore]]; [[Seattle]]; [[Portland, Oregon]]; and [[Portland, Maine]] have become "[[sanctuary cities]]", having adopted [[Local ordinance|ordinances]] refraining from stopping or questioning individuals for the sole purpose of determining their immigration status.<ref name="ilw" /><ref>{{Cite news|url=https://www.pressreader.com/usa/usa-today-us-edition/20151021/281633894087281/TextView|title=Trump tightens his grip|date=October 21, 2015|work=[[USA Today]]|access-date=May 21, 2020|via=[[PressReader]]}}</ref>{{clarify|date=August 2017}} Most of these ordinances are in place at the state and county, not city, level. These policies do not prevent the local authorities from investigating crimes committed by illegal immigrants.<ref name="nytinter" /> In 2020, armed federal officers from [[U.S. Customs and Border Protection|CBP]] were to be sent to sanctuary cities across the country to perform routine immigration arrests.<ref>{{Cite web|last=Narea|first=Nicole|date=February 14, 2020|title=Trump is sending armed tactical forces to arrest immigrants in sanctuary cities|url=https://www.vox.com/2020/2/14/21138272/cbp-tactical-ice-immigrants-sanctuary-cities|access-date=June 18, 2020|website=Vox|language=en}}</ref> |
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The [[Cato Institute]] is among the critics who argue that increasing border security is counterproductive. The institute argues that increasing border security reduces the proportion of illegal immigrants caught at the border and increases the length of time illegal immigrants remain in the country. Cato claims that the only significant change on illegal immigrants has been in length of stay due to the cost of returning. The probability of returning within twelve months has gone from around 45% in 1980 to between 25 and 30% from 1998-2002. Also, the average trip duration has gone from 1.7 years to 3.5 years. According to the Cato Institute, the only important change in security has been one of cost. The Border Patrol's budget has gone from $151 million in 1986 to $1.6 billion in 2002. This has caused the cost of aprehending an illegal immigrant to go from around $100 per arrest before 1986 to around $1700 in 2002.<ref>[http://www.www.freetrade.org/pubs/pas/tpa-029.pdf Center for Trade Policy Studies-Backfire at the Border]</ref>. |
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===Attacks on immigrants=== |
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According to a 2006 report by the [[Anti-Defamation League]], white supremacists and other extremists were engaging in a growing number of assaults against legal and illegal immigrants and those perceived to be immigrants,<ref name="Extremists Declare 'Open Season' on Immigrants" />{{update inline|date=May 2017}} including [[sexual assault of migrants from Latin America to the United States|assault on migrants from Latin America]]. |
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===Community-based involvement=== |
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==Legal issues== |
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===Birthright citizenship=== |
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{{main|Birthright citizenship in the United States of America}} |
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The [[No More Deaths]] organization offers food, water, and medical aid to migrants crossing the desert regions of the American Southwest in an effort to reduce the increasing number of [[immigrant deaths along the U.S.-Mexico border|deaths along the border]].<ref name="nomoredeaths" /> |
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The [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]] has been interpreted by the [[United States Supreme Court]], in precedent set by ''[[United States v. Wong Kim Ark]]'', to grant citizenship to nearly every child born in the U.S. regardless of the citizenship of the parents, with the exception of the children of diplomats and children born to enemy forces in hostile occupation of the United States. |
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In 2014, 'Dreamer Moms' began protesting, hoping that President Obama will grant them legal status. On November 12, 2014, there was a hunger strike near the White House undertaken by the group Dreamer Moms. On November 21, 2014, Obama provided 5 million illegal immigrants legal status because he said that mass deportation "would be both impossible and contrary to our character." However, this decision was challenged in court during the Trump administration and then overturned.<ref>{{cite news|url=https://www.washingtonpost.com/local/dreamer-moms-fast-near-white-house-hoping-obama-will-grant-them-legal-status/2014/11/14/13a5f622-69bb-11e4-a31c-77759fc1eacc_story.html|title='Dreamer Moms' fast near White House, hoping Obama will grant them legal status|date=November 12, 2014|newspaper=The Washington Post}}</ref> |
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The Court in ''Wong Kim Ark'' did not explicitly decide whether U.S.-born children of illegal immigrants are "subject to the jurisdiction of the United States" (it was not necessary to answer this question since Wong Kim Ark's parents were legally present in the United States at the time of his birth). However, the Supreme Court's later ruling in ''[[Plyler v. Doe]]'' <ref>{{findlaw us|457|202}}.</ref> stated that illegal immigrants are "within the jurisdiction" of the states in which they reside, and added in a footnote that "no plausible distinction with respect to Fourteenth Amendment "jurisdiction" can be drawn between resident aliens whose entry into the United States was lawful, and resident aliens whose entry was unlawful." |
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Other organizations and initiatives offer support to populations of illegal immigrants within the United States, such as [[Kichwa Hatari]], a radio station in New York City that translates information from Spanish into the [[Kichwa language|Kichwa]] language for broadcast to Ecuadorian illegal immigrants.<ref>{{Cite web|url=https://remezcla.com/features/culture/kichwa-hatari-radio-show/|title=Meet the Young Ecuadorians Behind the First Kichwa-Language Radio Show in the US|date=December 23, 2016|website=Remezcla|language=en-US|access-date=October 6, 2019}}</ref> |
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===Immigration Reform and Control Act=== |
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The [[Immigration Reform and Control Act of 1986]] (IRCA) made the hiring of an individual without documents an offense for the first time. The act is somewhat redundant since the forging of government documents (fake immigration documents or providing falsified social security numbers) is already a felony, and for most companies such documents must be provided to the government in its tax filings. However, the government does not notify those whose identities have been stolen for the falsified social security numbers, thus making it difficult to estimate the extent of the problem. [http://www.msnbc.msn.com/id/6814673/] |
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==Economic impact== |
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===Immigration with and without quotas=== |
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{{Main|Economic impact of illegal immigrants in the United States}}Illegal immigrants increase the size of the [[US economy]] and contribute to economic growth.<ref name="Economic and Fiscal 2016"/> Illegal immigrants contribute to lower prices of US-produced goods and services, which benefits consumers.<ref name="Economic and Fiscal 2016"/> |
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The immigration quota system was first expanded with the [[Emergency Quota Act]] of 1921 which was used to reduce the influx of East and Southern European immigrants who were coming to the country in large numbers from the turn of the century. This immigration was further reduced by the [[Immigration Act of 1924]] which was structured to maintain the cultural and ethnic traditions of the United States. |
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Economists estimate that legalization of the current unauthorized immigrant population would increase the immigrants' earnings<ref name="Rivera-Batiz 1999">{{Cite journal|last=Rivera-Batiz|first=Francisco L.|date=1999|title=Undocumented Workers in the Labor Market: An Analysis of the Earnings of Legal and Illegal Mexican Immigrants in the United States|jstor=20007616|journal=Journal of Population Economics|volume=12|issue=1|pages=91–116|pmid=12295042|doi=10.1007/s001480050092|s2cid=44528470}}</ref><ref name="Hall 2010">{{Cite journal|last1=Hall|first1=M.|last2=Greenman|first2=E.|last3=Farkas|first3=G.|date=December 1, 2010|title=Legal Status and Wage Disparities for Mexican Immigrants |journal=Social Forces|language=en|volume=89|issue=2|pages=491–513|doi=10.1353/sof.2010.0082|pmid=25414526 |pmc=4235135}}</ref><ref name="Bratsberg 2002">{{Cite journal|last1=Bratsberg|first1=Bernt|last2=Ragan|first2=James F. Jr. |last3=Nasir|first3=Zafar M.|date=July 1, 2002|title=The Effect of Naturalization on Wage Growth: A Panel Study of Young Male Immigrants |journal=Journal of Labor Economics|volume=20|issue=3|pages=568–597|doi=10.1086/339616 |citeseerx=10.1.1.199.5549|s2cid=16293559}}</ref><ref>{{Cite journal|last1=Kossoudji|first1=Sherrie A.|last2=Cobb-Clark|first2=Deborah A.|date=July 1, 2002|title=Coming out of the Shadows: Learning about Legal Status and Wages from the Legalized Population |journal=Journal of Labor Economics|volume=20|issue=3|pages=598–628|doi=10.1086/339611|s2cid=154000004}}</ref><ref name="Economic and Fiscal 2016"/> and consumption considerably.<ref name="Dustmann 2017">{{Cite journal|last1=Dustmann|first1=Christian|last2=Fasani|first2=Francesco|last3=Speciale|first3=Biagio|date=July 1, 2017|title=Illegal Migration and Consumption Behavior of Immigrant Households |journal=Journal of the European Economic Association|language=en|volume=15|issue=3|pages=654–691|doi=10.1093/jeea/jvw017 |hdl=10419/130459|s2cid=73648942|url=http://discovery.ucl.ac.uk/10042694/|hdl-access=free}}</ref> A 2016 National Bureau of Economic Research paper found that "legalization would increase the economic contribution of the unauthorized population by about 20%, to 3.6% of private-sector GDP."<ref name="Edwards 2017">{{Cite journal|last1=Edwards|first1=Ryan|last2=Ortega|first2=Francesc|date=2017 |title=The Economic Contribution of Unauthorized Workers: An Industry Analysis |journal=Regional Science and Urban Economics |volume=67 |pages=119–134 |doi=10.1016/j.regsciurbeco.2017.09.004 |hdl=10419/149225|s2cid=7870192|url=http://www.nber.org/papers/w22834.pdf|hdl-access=free}}</ref> Legalization is also likely to reduce untaxed labor in the informal economy.<ref name="Economic and Fiscal 2016"/> A 2016 study found that [[Deferred Action for Childhood Arrivals|Deferred Action for Childhood Arrivals (DACA)]], which allows unauthorized immigrants who migrated to the United States as minors to temporarily stay, increases [[labor force participation]], decreases the unemployment rate and increases the income for DACA-eligible immigrants.<ref name="Pope 2016">{{Cite journal|last=Pope|first=Nolan G.|date=November 1, 2016|title=The Effects of DACAmentation: The Impact of Deferred Action for Childhood Arrivals on Unauthorized Immigrants |journal=Journal of Public Economics|volume=143|pages=98–114|doi=10.1016/j.jpubeco.2016.08.014|url=https://zenodo.org/record/894574}}</ref> The study estimated that DACA moved 50,000 to 75,000 unauthorized immigrants into employment.<ref name="Pope 2016"/> Another 2016 study found that DACA-eligible households were 38% less likely than non-eligible unauthorized immigrant households to live in poverty.<ref>{{Cite journal|last1=Amuedo-Dorantes|first1=Catalina|last2=Antman|first2=Francisca|title=Can authorization reduce poverty among undocumented immigrants? Evidence from the Deferred Action for Childhood Arrivals program |journal=Economics Letters|volume=147|pages=1–4|doi=10.1016/j.econlet.2016.08.001|year=2016|hdl=10419/145279|s2cid=157258420|url=https://econpapers.repec.org/RePEc:iza:izadps:dp10145|hdl-access=free}}</ref> |
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The [[Franklin D. Roosevelt]] administration had nearly shut down immigration during the decade of the [[Great Depression of 1929]]. In 1929 there were 279,678 immigrants recorded and in 1933 there were only 23,068 [http://www.uscis.gov/graphics/shared/statistics/]. By 1939 recorded immigrants had crept back up to 82,998 but then the advent of World War II drove it back down to 23,725 in 1943 increasing slowly to 38,119 by 1945 [http://www.uscis.gov/graphics/shared/statistics/]. After 1946 about 600,000 of Europe's Displaced Person (DP's) refugees were admitted under special laws outside the country quotas, and in the 1960s and 1970s large numbers of Cuban and Vietnamese refugees [http://www.uscis.gov/graphics/shared/statistics/] were admitted under special laws outside all quotas. |
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A 2017 study in the ''[[Journal of Public Economics]]'' found that more intense immigration enforcement increased the likelihood that US-born children with illegal immigrant parents would live in poverty.<ref>{{Cite journal |title=Immigration enforcement and economic resources of children with likely unauthorized parents| doi=10.1016/j.jpubeco.2017.12.004|volume=158|year=2018|journal=Journal of Public Economics|pages=63–78 | last1 = Amuedo-Dorantes | first1 = Catalina | last2 = Arenas-Arroyo | first2 = Esther | last3 = Sevilla | first3 = Almudena| s2cid=158175416| url=https://ora.ox.ac.uk/objects/uuid:dccc7ad6-d069-4b62-b19d-25609ac95f71}}</ref> |
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Congress passed the [[Immigration and Nationality Services Act of 1965]] which essentially removed all nation-specific quotas, while retaining an overall quota, and included immigrants from Mexico and the Western Hemisphere for the first time with their own quotas. It also put a large part of immigration, so-called family reunification, outside the quota system. This dramatically changed the number, type and composition of the new arrivals from mostly European, to predominantly poor [[Latino]] and [[Asian]]. It also dramatically increased the number of illegal aliens as many poorer people now had family or friends in the U.S. that attracted them there. [http://www.city-journal.org/html/16_3_immigrants_economy.html] In 1986, the [[Immigration Reform and Control Act]] (IRCA) was passed, creating amnesty for about 3,000,000 illegal aliens already in the United States. Critics believe IRCA just intensified the illegal immigration flow as those granted amnesty illegally brought more of their friends and family into the U.S.. [http://www.city-journal.org/html/16_3_immigrants_economy.html] |
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===Native welfare=== |
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Without quotas on large segments of the immigration flow, legal immigration to the U.S. surged and soon became largely family based "Chain immigration" where families brought in a chain of off quota new immigrant family members. The number of legal immigrants rose from about 2.5 million in the 1950s to 4.5 million in the 1970s to 7.3 million in the 1980s to about 10 million in the 1990s. In 2006 legal immigrants to the United States now number approximately 1,000,000 legal immigrants per year of which about 600,000 are Change of Status immigrants who already are in the U.S. (Pew Hispanic Data Estimates[http://pewhispanic.org/files/reports/44.pdf], [http://www.city-journal.org/html/16_3_immigrants_economy.html]) |
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(Pew Hispanic Data Estimates[http://pewhispanic.org/files/reports/44.pdf], [http://www.city-journal.org/html/16_3_immigrants_economy.html]) |
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A number of studies have shown that illegal immigration increases the welfare of natives.<ref>{{Cite journal|last=Palivos|first=Theodore|date=January 1, 2009|title=Welfare effects of illegal immigration|journal=Journal of Population Economics|language=en|volume=22|issue=1|pages=131–144|doi=10.1007/s00148-007-0182-3|s2cid=154625546|url=http://aphrodite.uom.gr/econwp/pdf/immigration1.pdf|access-date=June 28, 2019|archive-date=December 12, 2019|archive-url=https://web.archive.org/web/20191212040457/http://aphrodite.uom.gr/econwp/pdf/immigration1.pdf|url-status=dead}}</ref><ref name="Liu 2010">{{Cite journal|last=Liu|first=Xiangbo|date=December 1, 2010|title=On the macroeconomic and welfare effects of illegal immigration |journal=Journal of Economic Dynamics and Control|volume=34|issue=12|pages=2547–2567|doi=10.1016/j.jedc.2010.06.030|url=https://mpra.ub.uni-muenchen.de/15469/1/MPRA_paper_15469.pdf}}</ref><ref name="Palivos 2010">{{Cite journal|last1=Palivos|first1=Theodore|last2=Yip|first2=Chong K.|date=September 1, 2010|title=Illegal immigration in a heterogeneous labor market |journal=Journal of Economics|language=en|volume=101|issue=1|pages=21–47|doi=10.1007/s00712-010-0139-y|s2cid=153804786}}</ref> A 2015 study found that " increasing deportation rates and tightening border control weakens low-skilled labor markets, increasing unemployment of native low-skilled workers. Legalization, instead, decreases the unemployment rate of low-skilled natives and increases income per native."<ref>{{Cite journal|last1=Chassamboulli|first1=Andri|last2=Peri|first2=Giovanni|date=October 1, 2015|title=The labor market effects of reducing the number of illegal immigrants |journal=Review of Economic Dynamics|volume=18|issue=4|pages=792–821|doi=10.1016/j.red.2015.07.005|s2cid=16242107|url=http://www.escholarship.org/uc/item/38v6c3b3|hdl=10419/295514|hdl-access=free}}</ref> A study by economist Giovanni Peri concluded that between 1990 and 2004, immigrant workers raised the wages of native born workers in general by 4%, while more recent immigrants suppressed wages of previous immigrants.<ref>{{cite web|url=http://www.ppic.org/main/publication.asp?i=737 |title=How Immigrants Affect California Employment and Wages (PPIC Publication) |publisher=Ppic.org |access-date=February 7, 2013}}</ref> |
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===Matrícula Consular=== |
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A controversial alternative to fake IDs and other illegal practices is the [[Matricula Consular]] ID being used in the U.S., which is issued by Mexican consulates. This document is accepted at financial institutions in many states of the union and, with an IRS [[Taxpayer Identification Number]], allows illegal immigrants to open checking and saving accounts. This has benefited American companies and banks who profit from remmittances of migrants towards their place of origin, while allowing immigrants to save money and identify themselves.[http://www.iadb.org/exr/remittances/index.cfm] The passage of the [[REAL ID Act of 2005]] (a part of Public Law P.L. 109-13) prohibits States from issuing identification or driver's permit cards to anyone who cannot demonstrate that they are legally in the USA, taking full effect in 2008. Citizenship and/or immigration status is to be clearly denoted on these ID cards and they automatically expire on the expiration date of non-citizens' visas or other authorizing documentation. These IDs will be tied to online databases which will allow instant verification of the validity of these documents at low cost or no cost to the person seeking verification. As of 2006, the anticipated effect of this legislation is to make it increasingly difficult for illegal immigrants to use counterfeit documents to or to live and work illegally in the USA. However, at the same time, the REAL ID Act of 2005 effectively imposes a mandatory [[national ID]] for all US Citizens as well.[http://www.lewrockwell.com/paul/paul234.html] |
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In a 2017 literature review by the [[National Academy of Sciences]], they explain the positive impact of illegal immigrants on natives in the following way:<ref name="Economic and Fiscal 2016"/> |
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==Historical context== |
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Every wave of immigration into the United States has faced fear and hostility, especially during times of economic hardship, political turmoil, or war: in 1882, Congress passed the [[Chinese Exclusion Act (United States)|Chinese Exclusion Act]], one of the nation's first immigration laws, to keep out all people of Chinese origin; during the "Red Scare" of the 1920s, thousands of foreign-born people suspected of political radicalism were arrested and brutalized; many were deported without a hearing; and in 1942, 120,000 Americans of Japanese descent were interned in camps until the end of World War II. |
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<blockquote>The entry of new workers through migration increases the likelihood of filling a vacant position quickly and thus reduces the net cost of posting new offers. The fact that immigrants in each skill category earn less than natives reinforces this effect. Though immigrants compete with natives for these additional jobs, the overall number of new positions employers choose to create is larger than the number of additional entrants to the labor market. The effect is to lower the unemployment rate and to strengthen the bargaining position of workers.</blockquote> |
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===Chinese experience=== |
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{{main|Chinese Exclusion Act (United States)}} |
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According to Georgetown University economist Anna Maria Mayda and University of California, Davis economist Giovanni Peri, "deportation of undocumented immigrants not only threatens the day-to-day life of several million people, it also undermines the economic viability of entire sectors of the US economy." Research shows that illegal immigrants complement and extend middle- and high-skilled American workers, making it possible for those sectors to employ more Americans. Without access to illegal immigrants, US firms would be incentivized to [[offshoring|offshore]] jobs and import foreign-produced goods. Several highly competitive sectors that depend disproportionately on illegal immigrant labor, such as agriculture, would dramatically shrink and sectors, such as hospitality and food services, would see higher prices for consumers. Regions and cities that have large illegal populations are also likely to see harms to the local economy were the illegal immigrant population removed. While Mayda and Peri note that some low-skilled American workers would see marginal gains, it is likely that the effects on net job creation and wages would be negative for the US as a whole.<ref name="Mayda 2017">{{Cite encyclopedia|url=http://giovanniperi.ucdavis.edu/uploads/5/6/8/2/56826033/ageoftrump_june2017.pdf#page=70|last1=Mayda|first1=Anna Maria|last2=Peri|first2=Giovanni|title=The economic impact of US immigration policies in the Age of Trump|encyclopedia=Economics and Policy in the Age of Trump|editor-last=Bown|editor-first=Chad P.|publisher=VoxEU.org|pages=69–77|date=June 2017}}</ref> |
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{{Unreferenced|date=August 2006}} |
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In 1882, Congress passed the [[Chinese Exclusion Act (United States)|Chinese Exclusion Act]], which was passed due to the belief that Chinese laborers were unfair competition and lowered wages of native born Americans. Anti-Chinese sentiment was also present for fear that Chinese immigrants were unable to assimilate. In 1882 the [[Chinese Exclusion Act]] had cut off nearly all [[China|Chinese]] immigration. The first laws creating a quota for immigrants were passed in the 1920s, in response to a sense that the country could no longer absorb large numbers of unskilled workers, despite pleas by big business that it wanted the new workers. Ngai (2003) shows that the new laws were the beginning of mass illegal immigration, because they created a new class of persons — illegal aliens — whose inclusion in the nation was at once a social reality and a legal impossibility. This contradiction challenged received notions of sovereignty and democracy in several ways. First, the increase in the number of illegal entries created a new emphasis on control of the nation's borders — especially the long Canadian border. Second, the application of the deportation laws gave rise to an oppositional political and legal discourse, which imagined "deserving" and "undeserving" illegal aliens and, therefore, just and unjust deportations. These categories were constructed out of modern ideas about crime, sexual morality, the family, and race. In the 1930s federal deportation policy became the object of legal reform to allow for administrative discretion in deportation cases. Just as restriction and deportation "made" illegal aliens, administrative discretion "unmade" illegal aliens. Administrative law reform became an unlikely site where problems of national belonging and inclusion played out. |
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A 2002 study of the effects of illegal immigration and border enforcement on wages in border communities from 1990 to 1997 found little impact of border enforcement on wages in US border cities, and concluded that their findings were consistent with two hypotheses, "border enforcement has a minimal impact on illegal immigration, and illegal immigration from Mexico has a minimal impact on wages in US border cities".<ref name="HansonRobertson2002">{{cite journal |last1=Hanson|first1=Gordon H. |last2=Robertson|first2=Raymond|last3=Spilimbergo|first3=Antonio|year=2002|title=Does Border Enforcement Protect U.S. Workers from Illegal Immigration?|journal=Review of Economics and Statistics|volume=84|issue=1|pages=73–92|doi=10.1162/003465302317331937|s2cid=262257177 |url=http://www.escholarship.org/uc/item/5ff066m2}}</ref> |
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===History of border security=== |
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For a period of time in the 1990s U.S. Army personnel were stationed along the U.S.-Mexico border to help stem the flow of illegal aliens and drug smugglers. These military units brought their specialized equipment such as FLIR infrared devices, and helicopters. In conjunction with the U.S. Border Patrol, they would deploy along the border and, for a brief time, there would be no traffic across that border which was actively watched by "coyotes" paid to assist border crossers. The smugglers and the alien traffickers ceased operations over the one hundred mile sections of the border sealed at a time. Sher Zieve claims this was very effective but temporary as the illegal traffic resumed as soon as the military withdrew.[http://www.renewamerica.us/columns/zieve/060713]. After the [[September 11, 2001 attack]]s the United States looked at the feasibility of placing soldiers along the U.S.-Mexico border as a security measure. [http://www.chron.com/disp/story.mpl/front/4018573.html](link broken), [http://newsfromtheborder.blogspot.com/2006/07/del-rio-border-influx-drops.html], [http://jurist.law.pitt.edu/paperchase/2006/06/national-guard-presence-cutting-number.php] |
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A 2021 study in the ''[[American Economic Journal]]'' found that illegal immigrants had beneficial effects on the employment and wages of American natives. Stricter [[Immigration Enforcement|immigration enforcement]] adversely affected employment and wages of American natives.<ref>{{Cite journal|last=Albert|first=Christoph|date=2021|title=The Labor Market Impact of Immigration: Job Creation versus Job Competition|url=https://www.aeaweb.org/articles?id=10.1257/mac.20190042|journal=American Economic Journal: Macroeconomics|language=en|volume=13|issue=1|pages=35–78|doi=10.1257/mac.20190042|s2cid=210054914}}</ref> |
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According to many US Border Patrol agents, they were instructed by their leadership during 2005 to "keep new arrests to an "absolute minimum" to offset the effect of the [[The Minuteman Project Inc.|Minuteman]] vigil, adding that patrols along the border have been severely limited" as one US Border Patrol agent put it [http://www.washtimes.com/national/20050513-122032-5055r.htm]. |
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According to University of California, San Diego economist [[Gordon Hanson|Gordon H. Hanson]], "there is little evidence that legal immigration is economically preferable to illegal immigration. In fact, illegal immigration responds to market forces in ways that legal immigration does not. Illegal migrants tend to arrive in larger numbers when the US economy is booming (relative to Mexico and the Central American countries that are the source of most illegal immigration to the United States) and move to regions where job growth is strong. Legal immigration, in contrast, is subject to arbitrary selection criteria and bureaucratic delays, which tend to disassociate legal inflows from US labor-market conditions. Over the last half-century, there appears to be little or no response of legal immigration to the US unemployment rate."<ref>{{Cite web|url=https://www.cfr.org/report/economic-logic-illegal-immigration|title=The Economic Logic of Illegal Immigration|website=Council on Foreign Relations|language=en|access-date=August 22, 2017}}</ref> |
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In December, 2005, the U.S. House of Representatives voted to build a [[separation barrier]] along parts of the border not already protected by a separation barriers. A later vote in the [[United States Senate]] on [[May 17]], [[2006]], included a plan to blockade 860 miles of the border with vehicle barriers and triple-layer fencing along with granting an "earned path to citizenship" to the 12 million undocumented workers in the U.S. and roughly doubling legal immigration (from their 1970's levels). In 2006 the Senate approved 370 miles of new double- and triple-layered fencing and 500 miles of vehicle barriers and then refused to fund them. In December, the House voted for 700 miles of new barriers. Neither was able to reach a compromise bill. There is no assurance that if built, these new layers of protection will reduce the flow of illegal migrants from Mexico. |
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===Fiscal effects=== |
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==Controversy and viewpoints== |
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Illegal immigrants are not eligible for most federally-funded safety net programs,<ref name="Watson 2018">{{Cite news|last= Watson|first=Tara|url=http://econofact.org/do-undocumented-immigrants-overuse-government-benefits|title=Do Undocumented Immigrants Overuse Government Benefits?|date=March 28, 2018|work=Econofact}}</ref> and pay more in taxes than similar low-income groups because they are not eligible for the federal earned income tax credit.<ref>{{Cite web|title=Fact check: How much does illegal immigration cost? Not nearly as much as Trump claims.|url=https://www.nbcnews.com/politics/donald-trump/fact-check-how-much-does-illegal-immigration-cost-america-not-n950981|website=NBC News|date=December 22, 2018 |language=en|access-date=May 20, 2020}}</ref> Illegal immigrants are barred from receiving benefits from Medicare, non-emergency Medicaid, or the [[Children's Health Insurance Program]] (CHIP), and the Medicare program; they also cannot participate in [[health insurance marketplace]]s and are not eligible to receive insurance subsidies under the [[Affordable Care Act]].<ref name="Watson 2018"/> Illegal immigrants contribute up to $12 billion annually to the [[Social Security Trust Fund]], but are not eligible to receive any Social Security benefits.<ref name="Watson 2018"/> Unless the illegal immigrants transition to legal status, they will not collect these benefits.<ref name="Watson 2018"/><ref name="Economic and Fiscal 2016"/> According to a 2007 literature review by the [[Congressional Budget Office]], "Over the past two decades, most efforts to estimate the fiscal impact of immigration in the United States have concluded that, in aggregate and over the long term, tax revenues of all types generated by immigrants—both legal and unauthorized—exceed the cost of the services they use."<ref name="CBO 2007">{{Cite web |date=December 2007 |title=The Impact of Unauthorized Immigrants on the Budgets of State and Local Governments |url=https://www.cbo.gov/publication/41645 |publisher=Congressional Budget Office |type=Report}}</ref> |
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According to a Time magazine poll taken nationally in the United States |
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*82% say that the United States is not doing enough to keep illegal immigrants from entering the country |
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*71% support major penalties for employers who hire illegal immigrants |
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*69% believe illegal immigrants should have greater restrictions to government services, such as driver's license, health care/food stamps, and attending public schools |
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*68% say that illegal immigration is an extremely/very serious problem in the United States |
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*62% favor taking whatever steps are necessary at the borders, including the use of the military, to cut the flow of illegal immigrants into the country |
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*56% favor building a security fence along the U.S.-Mexican border |
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*51% think the US would be "better off" by deporting all *illegal immigrants, while 38% believe the U.S. would be "worse off" |
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<ref>Poll Analysis: Large Majority Favors 'Guest Workers'[http://www.time.com/time/nation/article/0,8599,1179089,00.html]</ref> |
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While the aggregate fiscal effects are beneficial to the United States, unauthorized immigration has small but net negative fiscal effects on state and local governments.<ref name="CBO 2007"/> According to the 2017 National Academy of Science report on immigration, one reason for the adverse fiscal impact on state and local governments is that "the federal government reimburses state and local entities a fraction of costs to incarcerate criminal aliens, the remaining costs are borne by local governments."<ref name="Economic and Fiscal 2016"/> |
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A recent [[Zogby]] poll[http://www.zogby.com/news/ReadNews.dbm?ID=1100] found that |
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*52% said there should be no amnesty |
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*32% said they would favor amnesty |
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*61% said they are less sympathetic to illegal aliens as a result of the protests |
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*32% said they are more sympathetic to illegal aliens as a result of the protests |
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*65% said they would be willing to pay significantly higher prices for some goods and services should that be the result of tighter control of the southern U.S. border and a resulting lower number of undocumented workers |
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*30% would be willing to pay up to 10% more if undocumented workers were deported |
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*another 36% said they would willingly swallow a price increase of between 10% and 25% for certain goods |
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*6% said they would be willing to pay more than 50% more for goods from industries largely dependent on the labor of undocumented workers |
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A paper in the peer-reviewed journal ''Tax Lawyer'' from the [[American Bar Association]] concluded that illegal immigrants contribute more in taxes than they cost in social services.<ref name="Taxing Undocumented Immigrants: Separate, Unequal and Without Representation" /> |
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According to a 2002 Zogby International poll[http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=27941] |
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Asked whether they believe that "The territory of the United States' southwest rightfully belongs to Mexico" |
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*58% of Mexicans agree with the statement |
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*28% disagreed |
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*14% said they weren't sure. |
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A 2016 study found that, over the period 2000–2011, illegal immigrants contributed $2.2 to $3.8 billion more to the Medicare Trust Fund "than they withdrew annually (a total surplus of $35.1 billion). Had unauthorized immigrants neither contributed to nor withdrawn from the Trust Fund during those 11 years, it would become insolvent in 2029—1 year earlier than currently predicted."<ref>{{Cite journal|last1=Zallman|first1=Leah|last2=Wilson|first2=Fernando A.|last3=Stimpson|first3=James P.|last4=Bearse|first4=Adriana|last5=Arsenault|first5=Lisa|last6=Dube|first6=Blessing|last7=Himmelstein|first7=David|last8=Woolhandler|first8=Steffie|date=January 2016|title=Unauthorized Immigrants Prolong the Life of Medicare's Trust Fund|journal=Journal of General Internal Medicine|volume=31|issue=1|pages=122–127|doi=10.1007/s11606-015-3418-z |pmc=4699990|pmid=26084972}}</ref> |
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In the same poll[http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=27941], |
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Asked whether they believe that "Mexicans should have the right to enter the U.S. without U.S. permission," |
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*57% of Mexicans agreed |
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*35% disagreed |
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*7% were unsure |
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===Mortgages=== |
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Harvard Professor George Borjas asserts, "The critical issue is how much we care about the well-being of immigrants compared with that of the Americans who win and the Americans who lose." [http://ksghome.harvard.edu/~GBorjas/Papers/NYT121097.htm] Philip Martin, of the University of California, Davis concurs, "Perhaps this is why immigration is such a political hot potato; it's mostly a distribution issue and, for governments that are in the business of redistributing income via taxes and subsidies, regulating immigration is another redistribution tool." [http://economistsview.typepad.com/economistsview/unemployment/index.html] |
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Around 2005, an increasing number of banks saw illegal immigrants as an untapped resource for growing their own revenue stream and contended that providing illegal immigrants with mortgages would help revitalize local communities, with many community banks providing home loans for illegal immigrants. At the time, critics complained that this practice would reward and encourage illegal immigration, as well as contribute to an increase in predatory lending practices. One banking consultant said that banks which were planning to offer mortgages to illegal immigrants were counting on the fact that immigration enforcement was very lax, with deportation unlikely for anyone who had not committed a crime.<ref name="cnn" /> |
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== Crime and law enforcement == |
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In the 2001–2006 National Development Plan the [[Politics of Mexico|Mexican Government]] says they want to support the 18 million Mexicans who live outside Mexico. There is no information on this report on the source of the data or on the number of those illegal aliens who live in the United States. |
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{{main|Illegal immigration to the United States and crime}} |
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=== Relationship between illegal immigration and crime === |
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<ref>{{cite news |
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Illegal immigrants are less likely to commit crimes than native-born citizens in the United States.<ref name=":0">{{Cite journal|last1=Light|first1=Michael T.|last2=He|first2=Jingying|last3=Robey|first3=Jason P.|date=December 2, 2020|title=Comparing crime rates between undocumented immigrants, legal immigrants, and native-born US citizens in Texas|journal=Proceedings of the National Academy of Sciences|volume=117|issue=51|pages=32340–32347|language=en|doi=10.1073/pnas.2014704117 |pmid=33288713|pmc=7768760|bibcode=2020PNAS..11732340L |doi-access=free}}</ref><ref>{{Cite journal|last1=Orrenius|first1=Pia|last2=Zavodny|first2=Madeline|date=July 2, 2019|title=Do Immigrants Threaten US Public Safety?|journal=Journal on Migration and Human Security|language=en-US|volume=7|issue=3|pages=52–61|doi=10.1177/2331502419857083 |quote=There are relatively few studies specifically of criminal behavior among unauthorized immigrants, but the limited research suggests that these immigrants also have a lower propensity to commit crime than their native-born peers, although possibly a higher propensity than legal immigrants.|doi-access=free}}</ref><ref name="Gonzalez 2017">{{Cite journal|last1=Gonzalez|first1=Benjamin|last2=Collingwood|first2=Loren|last3=El-Khatib|first3=Stephen Omar|title=The Politics of Refuge: Sanctuary Cities, Crime, and Undocumented Immigration |journal=Urban Affairs Review|volume=55|language=en|doi=10.1177/1078087417704974|page=107808741770497 |year=2019|s2cid=32604699}} Quote: "most studies have shown that illegal immigrants tend to commit less crime than the native born"</ref><ref>{{Cite news|url=https://www.nytimes.com/2019/09/23/upshot/deportations-crime-study.html|title=Deportations Reduce Crime? That's Not What the Evidence Shows|last=Flagg|first=Anna|date=September 23, 2019|work=The New York Times|access-date=September 23, 2019}}</ref><ref name="Nakamura 2017">{{Cite news|url=https://www.washingtonpost.com/politics/2017/live-updates/trump-white-house/real-time-fact-checking-and-analysis-of-trumps-address-to-congress/trump-calls-for-creation-of-office-to-support-victims-of-crimes-by-illegal-immigrants/|title=Trump calls for creation of office to support victims of crimes by illegal immigrants|last=Nakamura|first=David|date=February 28, 2017|newspaper=Washington Post|access-date=May 4, 2017}}</ref><ref>{{Cite web|url=http://www.ppic.org/main/publication.asp?i=776|title=Crime, Corrections, and California: What Does Immigration Have to Do with It? (PPIC Publication)|website=www.ppic.org|access-date=June 23, 2016}}</ref><ref name="Carroll 2015">{{Cite news|url=http://www.politifact.com/truth-o-meter/statements/2015/jul/06/donald-trump/trump-immigration-claim-has-no-data-back-it/|title=Trump immigration claim has no data to back it up|last=Carroll|first=Lauren|date=July 6, 2015|work=PolitiFact|quote=... every expert we polled said there is a consensus among scholars that undocumented immigrants are not more likely to commit crimes than US citizens.|access-date=August 22, 2017|language=en}}</ref> Multiple studies have found that illegal immigration to the United States did not increase violent crime.<ref>{{Cite web|url=http://insight.kellogg.northwestern.edu/article/does_immigration_increase_crime|title=Does Immigration Increase Crime?|last=Spenkuch|first=Jörg L.|date=June 2, 2014|access-date=June 23, 2016}}</ref><ref>{{Cite journal|last1=Light|first1=Michael T.|last2=Miller|first2=TY|title=Does Undocumented Immigration Increase Violent Crime?|journal=Criminology |volume=56|issue=2|pages=370–401|doi=10.1111/1745-9125.12175|pmid=30464356|pmc=6241529 |year=2018}}</ref><ref>{{Cite journal|last=Gunadi|first=Christian|title=On the association between undocumented immigration and crime in the United States|journal=Oxford Economic Papers|language=en|doi=10.1093/oep/gpz057|year=2019|volume=73|pages=200–224}}</ref> A 2016 study found no link between illegal immigrant populations and violent crime, although there is a small but significant association between illegal immigrants and drug-related crime.<ref>{{Cite journal|last=Green|first=David|date=May 1, 2016|title=The Trump Hypothesis: Testing Immigrant Populations as a Determinant of Violent and Drug-Related Crime in the United States |journal=Social Science Quarterly|volume=97|issue=3|language=en|pages=506–524|doi=10.1111/ssqu.12300}}</ref> A 2017 study found that "Increased undocumented immigration was significantly associated with reductions in drug arrests, drug overdose deaths, and DUI arrests, net of other factors."<ref>{{Cite journal|last1=Light|first1=Michael T.|last2=Miller|first2=Ty|last3=Kelly|first3=Brian C.|date=July 20, 2017|title=Undocumented Immigration, Drug Problems, and Driving Under the Influence in the United States, 1990–2014|journal=American Journal of Public Health|pages=e1–e7|doi=10.2105/AJPH.2017.303884|pmid=28727520 |volume=107|issue=9|pmc=5551598}}</ref> A 2017 study found that California's extension of [[Driver's licenses for illegal immigrants in the United States|driving licenses to unauthorized immigrants]] "did not increase the total number of accidents or the occurrence of fatal accidents, but it did reduce the likelihood of hit and run accidents, thereby improving traffic safety and reducing costs for California drivers ... providing unauthorized immigrants with access to driver's licenses can create positive externalities for the communities in which they live."<ref>{{Cite journal|last1=Lueders|first1=Hans|last2=Hainmueller|first2=Jens|last3=Lawrence|first3=Duncan|date=April 18, 2017|title=Providing driver's licenses to unauthorized immigrants in California improves traffic safety|journal=Proceedings of the National Academy of Sciences|language=en|volume=114|issue=16|pages=4111–4116|doi=10.1073/pnas.1618991114|pmid=28373538|pmc=5402447|bibcode=2017PNAS..114.4111L |doi-access=free}}</ref> A 2018 study in the ''[[American Economic Journal|American Economic Journal: Economic Policy]]'' found that by restricting the employment opportunities for unauthorized immigrants, the Immigration Reform and Control Act of 1986 (IRCA) likely caused an increase in crime.<ref>{{Cite journal|last1=Matthew|first1=Freedman|last2=Emily|first2=Owens|last3=Sarah|first3=Bohn|title=Immigration, Employment Opportunities, and Criminal Behavior |journal=American Economic Journal: Economic Policy|volume=10|issue=2|pages=117–151|language=en|doi=10.1257/pol.20150165 |year=2018|doi-access=free}}</ref><ref>{{Cite web|url=http://faculty.sites.uci.edu/freedman/files/2017/06/FreedmanOwensBohn_Manuscript.pdf|title=Immigration, Employment Opportunities, and Criminal Behavior}}</ref> A 2018 ''[[PLOS One]]'' study estimated that the illegal immigrant population in the United States was 22 million (approximately twice as large as the estimate derived from US Census Bureau figures); an author of the study notes that this has implications for the relationship between illegal immigration and crime suggesting the correlation is lower than previously estimated: "You have the same number of crimes but now spread over twice as many people as was believed before, which right away means that the crime rate among illegal immigrants is essentially half whatever was previously believed."<ref>{{Cite web|url=https://thehill.com/latino/407848-yale-mit-study-22-million-not-11-million-undocumented-immigrants-in-us|title=Yale, MIT study: 22 million, not 11 million, undocumented immigrants in US|last=Garcia|first=Eric|date=September 21, 2018|website=The Hill|language=en|access-date=December 28, 2018}}</ref> A 2019 analysis found no evidence that illegal immigration increased crime.<ref>{{Cite web|url=https://www.themarshallproject.org/2019/05/13/is-there-a-connection-between-undocumented-immigrants-and-crime|title=Is There a Connection Between Undocumented Immigrants and Crime?|date=May 13, 2019|website=The Marshall Project|access-date=May 13, 2019}}</ref> A 2020 study found little evidence of a relationship between unauthorized immigration and terrorism.<ref>{{Cite journal|last1=Light|first1=Michael T.|last2=Thomas|first2=Julia T.|date=December 9, 2020|title=Undocumented immigration and terrorism: Is there a connection?|journal=Social Science Research|volume=94|language=en|pages=102512|doi=10.1016/j.ssresearch.2020.102512|pmid=33648683|pmc=7926034}}</ref> |
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|url=http://pnd.presidencia.gob.mx/pdf/PND_%201-3.pdf |
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|title=Plan Nacional De Desarrollo 2001-2006 |
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|publisher= Presidencia De La República, Gobierno de los Estados Unidos Mexicanos |
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|date=2001 |
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|page=28 |
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|language=Spanish |
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}}</ref> |
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=== Impact of immigration enforcement === |
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[[Bay Buchanan]], head of [[Team America]], an [[immigration reduction]] [[political action committee]], claimed that the 1990s-era border security program [[Operation Gatekeeper]] cut down unauthorized immigration by 90%. The actual numbers are not quite that high with 565,581 apprehensions in San Diego district in fiscal year 1992 before Operation Gatekeeper and its enhanced border fencing and policing to a low of 100,681 apprehensions in 2002 — an 82% reduction. Apprehensions in 2006 are at 138,608 or a 75% reduction. [http://www.ccis-ucsd.org/news/SDUT-4-16-06.pdf] |
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Research suggests immigration enforcement deters unauthorized immigration<ref name="Orrenius 2014"/> but has no impact on crime rates.<ref name="Miles 2015"/><ref name="Baker 2015"/><ref name="Collingwood 2016"/><ref name="Ciancio 2017">{{Cite thesis|last=Ciancio|first=Alberto|date=January 1, 2017|title=The Impact Of Immigration Policies On Local Enforcement, Crime And Policing Efficiency|url=https://repository.upenn.edu/edissertations/2231|journal=Publicly Accessible Penn Dissertations}}</ref> Immigration enforcement is costly and may divert resources from other forms of law enforcement.<ref name="Orrenius 2014"/><ref name="Ciancio 2017"/> Tougher immigration enforcement has been associated with greater migrant deaths, as migrants take riskier routes and use the services of smugglers.<ref name="Orrenius 2014"/><ref>{{Cite journal|last=Gathmann|first=Christina|date=October 1, 2008|title=Effects of enforcement on illegal markets: Evidence from migrant smuggling along the southwestern border |journal=Journal of Public Economics|volume=92|issue=10|pages=1926–1941|doi=10.1016/j.jpubeco.2008.04.006|hdl=10419/20239|s2cid=7856835|url=https://econpapers.repec.org/RePEc:iza:izadps:dp1004|hdl-access=free}}</ref> Tough border enforcement may also encourage unauthorized immigrants to settle in the United States, rather than regularly travel across the border where they may be captured.<ref name="Orrenius 2014"/><ref>{{Cite journal|last1=Massey|first1=Douglas S.|last2=Durand|first2=Jorge|last3=Pren|first3=Karen A.|date=March 1, 2016|title=Why Border Enforcement Backfired |journal=American Journal of Sociology|volume=121|issue=5|pages=1557–1600|doi=10.1086/684200|pmid=27721512 |pmc=5049707}}</ref> Immigration enforcement programs have been shown to lower employment and wages among illegal immigrants, while increasing their participation in the informal economy.<ref name="Orrenius 2014"/> |
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However, the number of apprehensions may not [[correlate]] with a reduction in unauthorized immigration [http://www.freetrade.org/pubs/pas/tpa-029.pdf]. Apprehensions have gone up in other areas as border security was enhanced in San Diego and El Paso which saw a similar drop in apprehensions. |
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Research finds that [[Secure Communities and administrative immigration policies|Secure Communities]], an immigration enforcement program which led to a quarter of a million of detentions, had no observable impact on the crime rate.<ref name="Miles 2015">{{Cite journal|last1=Miles|first1=Thomas J.|last2=Cox|first2=Adam B.|date=October 21, 2015|title=Does Immigration Enforcement Reduce Crime? Evidence from Secure Communities |journal=The Journal of Law and Economics|volume=57|issue=4|pages=937–973|doi=10.1086/680935|s2cid=8406495}}</ref><ref>{{Cite web|url=https://www.iza.org/publications/dp/12413/immigrants-deportations-local-crime-and-police-effectiveness|title=Immigrants' Deportations, Local Crime and Police Effectiveness|website=IZA – Institute of Labor Economics |language=en|access-date=June 30, 2019}}</ref> A 2015 study found that the 1986 Immigration Reform and Control Act, which legalized almost 3 million immigrants, led to "decreases in crime of 3–5 percent, primarily due to decline in property crimes, equivalent to 120,000–180,000 fewer violent and property crimes committed each year due to legalization".<ref name="Baker 2015">{{Cite journal|last=Baker|first=Scott R.|title=Effects of Immigrant Legalization on Crime |journal=American Economic Review|volume=105|issue=5|pages=210–213|doi=10.1257/aer.p20151041|year=2015|url=https://zenodo.org/record/894372}}</ref> |
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In 2006, [[Phoenix]] talk show host [[Brian James]] suggested on the air that a solution to the immigration problem in Arizona would be to kill illegal immigrants on random nights as they cross the border. [[Arizona]] [[Attorney General]] [[Terry Goddard]] and [[U.S. Attorney]] [[Paul Charlton]] called the remarks "irresponsible and dangerous". Laurie Cantillo, program manager at the station, says that James told listeners later in the March 8 show that he does not advocate shooting illegal immigrants and she says, "I did not receive a single listener complaint".<ref>[[Associated Press]], April 10, 2006. [http://kvoa.com/Global/story.asp?S=4744652 Officials: Radio host's call to kill border crossers dangerous].</ref> |
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A 2017 review study of the existing literature noted that the existing studies had found that sanctuary cities—which adopt policies designed to avoid prosecuting people solely for being an illegal immigrant—either have no impact on crime or that they lower the crime rate.<ref name="Martinez 2017">{{Cite journal|last1=Martínez|first1=Daniel E.|last2=Martínez-Schuldt|first2=Ricardo D.|last3=Cantor|first3=Guillermo|date=2017|title=Providing Sanctuary or Fostering Crime? A Review of the Research on 'Sanctuary Cities' and Crime |journal=Sociology Compass|language=en|volume=12|page=e12547|doi=10.1111/soc4.12547}}</ref> A second 2017 study in the journal ''[[Urban Affairs Review]]'' found that sanctuary policy itself has no statistically meaningful effect on crime.<ref>{{Cite journal|last1=Gonzalez|first1=Benjamin|last2=Collingwood|first2=Loren|last3=El-Khatib|first3=Stephen Omar|title=The Politics of Refuge: Sanctuary Cities, Crime, and Undocumented Immigration |journal=Urban Affairs Review|volume=55|language=en|pages=3–40|doi=10.1177/1078087417704974 |year=2019|s2cid=32604699}}</ref><ref name="Loren Collingwood, Benjamin Gonzalez-O'Brien & Stephen El-Khatib Oct">{{Cite news|url=https://www.washingtonpost.com/news/monkey-cage/wp/2016/10/03/sanctuary-cities-do-not-experience-an-increase-in-crime/|title=Sanctuary cities do not experience an increase in crime|author=Loren Collingwood, Benjamin Gonzalez-O'Brien & Stephen El-Khatib Oct|date=October 3, 2016|newspaper=Washington Post}}</ref><ref>{{Cite news|url=http://www.politifact.com/pennsylvania/statements/2017/jan/31/joe-defelice/phillys-sanctuary-city-status-putting-residents-da/|title=Is Philly's sanctuary city status putting residents in danger?|work=@politifact|access-date=April 23, 2017|language=en}}</ref><ref>{{Cite news|url=http://www.factcheck.org/2017/02/no-evidence-sanctuary-cities-breed-crime/|title=No Evidence Sanctuary Cities 'Breed Crime' |date=February 10, 2017|work=FactCheck.org|access-date=April 23, 2017|language=en-US}}</ref><ref>{{Cite news|url=https://www.washingtonpost.com/news/fact-checker/wp/2017/02/08/trumps-claim-that-sanctuary-cities-breed-crime/|title=Trump's claim that sanctuary cities 'breed crime'|newspaper=Washington Post|access-date=April 23, 2017}}</ref> The findings of the study were misinterpreted by Attorney General [[Jeff Sessions]] in a July 2017 speech when he claimed that the study showed that sanctuary cities were more prone to crime than cities without sanctuary policies.<ref>{{Cite news|url=https://www.washingtonpost.com/news/monkey-cage/wp/2017/07/14/jeff-sessions-used-our-research-to-claim-that-sanctuary-cities-have-more-crime-hes-wrong/|title=Analysis {{!}} Jeff Sessions used our research to claim that sanctuary cities have more crime. He's wrong.|newspaper=Washington Post|access-date=July 14, 2017}}</ref><ref>{{Cite news|url=https://www.insidehighered.com/news/2017/07/17/academics-push-back-against-attorney-generals-misrepresentation-their-study|title=Academics push back against attorney general's misrepresentation of their study|access-date=July 17, 2017}}</ref> A third study in the journal ''[[Justice Quarterly]]'' found evidence that the adoption of sanctuary policies reduced the robbery rate but had no impact on the homicide rate except in cities with larger Mexican illegal immigrant populations which had lower rates of homicide.<ref>{{Cite journal|last1=Martínez-Schuldt|first1=Ricardo D.|last2=Martínez|first2=Daniel E.|date=December 18, 2017|title=Sanctuary Policies and City-Level Incidents of Violence, 1990 to 2010|journal=Justice Quarterly|volume=36|issue=4|pages=567–593|doi=10.1080/07418825.2017.1400577|s2cid=53056328}}</ref> Two studies have found that local cooperation with ICE adversely affect public safety by reducing local reporting of crime by Latino communities.<ref>{{cite journal |last1=Dhingra |first1=Reva |last2=Kilborn |first2=Mitchell |last3=Woldemikael |first3=Olivia |title=Immigration Policies and Access to the Justice System: The Effect of Enforcement Escalations on Undocumented Immigrants and Their Communities |journal=Political Behavior |date=September 2022 |volume=44 |issue=3 |pages=1359–1387 |doi=10.1007/s11109-020-09663-w |s2cid=230110063}}</ref><ref>{{cite journal |last1=Martínez-Schuldt |first1=Ricardo D. |last2=Martínez |first2=Daniel E. |title=Immigrant Sanctuary Policies and Crime-Reporting Behavior: A Multilevel Analysis of Reports of Crime Victimization to Law Enforcement, 1980 to 2004 |journal=American Sociological Review |date=February 2021 |volume=86 |issue=1 |pages=154–185 |doi=10.1177/0003122420978406 |s2cid=231681112 |doi-access=free}}</ref> |
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According to the radical left-wing anarchist web site, [[Dissident Voice]], in 2006, [[Nashville]] radio talk show host [[Phil Valentine]] said during Demagnetize America, an anti-immigrant meeting, that he thought the U.S. Border Patrol Agents should consider shooting undocumented immigrants as they come across the border.<ref>Bill Berkowitz, May 5, 2006. [http://www.dissidentvoice.org/May06/Berkowitz05.htm Nativists Declare Open Season on Undocumented Immigrants]. [[Dissident voice]].</ref> In [[2005]], [[New Jersey]] radio talk show host [[Hal Turner]] encouraged to "Kill illegal aliens as they cross into the U.S. When the stench of rotting corpses gets bad enough, the rest will stay away."<ref>[[ADL]] [http://www.adl.org/main_Extremism/turner_own_words.htm Hal Turner in His Own Words]</ref> |
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According to a study by Tom K. Wong, associate professor of political science at the [[University of California, San Diego]], published by the [[Center for American Progress]], a progressive [[think tank]]: "Crime is statistically significantly lower in sanctuary counties compared to nonsanctuary counties. Moreover, economies are stronger in sanctuary counties—from higher median household income, less poverty, and less reliance on public assistance to higher labor force participation, higher employment-to-population ratios, and lower unemployment."<ref name="Wong1">{{Cite web|url=https://www.americanprogress.org/issues/immigration/reports/2017/01/26/297366/the-effects-of-sanctuary-policies-on-crime-and-the-economy/|title=The Effects of Sanctuary Policies on Crime and the Economy|date=January 26, 2017|publisher=Center for American Progress|language=en-US}}</ref> The study also concluded that sanctuary cities build trust between local law enforcement and the community, which enhances public safety overall.<ref>{{Cite news|url=http://www.citylab.com/crime/2017/01/sanctuary-cities-are-safer-and-more-productive/514508/|title=Crime and Poverty Are Lower in Sanctuary Cities|work=CityLab|access-date=February 6, 2017|language=en-US}}</ref> The study evaluated sanctuary and non-sanctuary cities while [[Controlling for a variable|controlling]] for differences in population, the foreign-born percentage of the population, and the percentage of the population that is [[Hispanic and Latino Americans|Latino]]."<ref name="Wong1" /> |
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===2004 illegal immigration debate=== |
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{{main|United States immigration debate}} |
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In 2004, [[United States]] [[President of the United States|President]] [[George W. Bush]] proposed a [[guest worker]] program to absorb migrant laborers who would otherwise come to the U.S. as [[illegal alien]]s. However, the details were left to legislators. In 2005, the [[United States Congress|Congress]] began creating legislation to change the current [[illegal immigration]] policies. The legislation approved by the U.S. [[House of Representatives]] led to massive protests. |
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A 2018 study found no evidence that apprehensions of illegal immigrants in districts in the United States reduced crime rates.<ref>{{Cite journal|date=2018|title=Do Apprehensions of Undocumented Immigrants Reduce Crime and Create Jobs? Evidence from U.S. Districts, 2000-2015|url=https://lawreview.law.ucdavis.edu/issues/52/1/Symposium/52-1_Hines_Peri.pdf|journal=UC Davis Law Review}}</ref> |
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See also [[2006 United States immigration reform protests]]. |
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After the Obama administration reduced federal immigration enforcement, Democratic counties reduced their immigration enforcement more than Republican counties; a paper by a University of Pennsylvania PhD candidate found "that Democratic counties with higher non-citizen population shares saw greater increases in clearance rates, a measure of policing efficiency, with no increase in crime rates. The results indicate that reducing immigration enforcement did not increase crime and rather led to an increase in policing efficiency, either because it allowed police to focus efforts on solving more serious crimes or because it elicited greater cooperation of non-citizens with police."<ref name="Ciancio 2017"/> A 2003 paper by two [[Federal Reserve Bank of Dallas]] economists found "that while the volume of illegal immigration is not related to changes in property-related crime, there is a significant positive correlation with the incidence of violent crime. This is most likely due to extensive smuggling activity along the border. Border enforcement meanwhile is significantly negatively related to crime rates. The bad news is that the deterrent effect of the border patrol diminishes over this time period, and the net impact of more enforcement on border crime since the late 1990s is zero."<ref>{{Cite journal|last1=Coronado|first1=Roberto|last2=Orrenius|first2=Pia M.|date=2003|title=The impact of illegal immigration and enforcement on border crime rates|journal=Working Papers |url=https://ideas.repec.org/p/fip/feddwp/03-03.html}}</ref> |
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Professor Wayne A. Cornelius, (U.C. Davis) summed up his opinion of the problems of illegal US immigration as follows: |
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“Consequences predicted by advocates of the concentrated border enforcement strategy have not yet materialized: there is no evidence that unauthorized migration is being deterred at the point of origin; that would-be illegal entrants are being discouraged at the border after multiple apprehensions by the Border Patrol and returning home; that their employment prospects in the US have been curtailed; or that the resident population of undocumented immigrants is shrinking.” <ref>[http://www.cri.uci.edu/pdf/JEMS--final.pdf (Controlling ‘Unwanted’ Immigration)]. [http://polisci.ucsd.edu/faculty/cornelius.htm About Wayne A. Cornelius]</ref>[http://economistsview.typepad.com/economistsview/unemployment/index.html] |
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According to Cornell University economist Francine Blau and University of California at Berkeley economist Gretchen Donehower, the existing "evidence does not suggest that ... stepping up enforcement of existing immigration laws would generate savings to existing taxpayers."<ref>{{Cite news|url=http://econofact.org/do-immigrants-cost-native-born-taxpayers-money|title=Do Immigrants Cost Native-Born Taxpayers Money? |date=July 26, 2017|work=Econofact|access-date=September 5, 2017|language=en-US}}</ref> By complicating circular migration and temporary work by migrants, and by incentivizing migrants to settle permanently in the US, the 2017 National Academy of Sciences report on immigration notes that "it is certainly possible that additional costs have been created to the economy by the increased border enforcement, beyond the narrow costs of the programs themselves in the federal budget."<ref name="Economic and Fiscal 2016"/> |
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<!-- McCarthy and Vernez believe that many of the immigrants settling in the state of California are not likely to be integrated successfully, and that the policy of the federal government need to change. Their book, that was sponsored by the [[Department of Defense]] and several foundations, concludes with three recommendations for the federal government: |
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# reduce total immigration from the current ~2 million per year (~1 million legal and ~1 million illegal) to between 300,000 and 800,000 a year; |
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# expand the number of legal immigration slots available for Mexicans, in exchange for Mexican help to reduce illegal immigration; and |
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# encourage immigrants to learn English and to naturalize. |
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The report also recommends that the state of California do more to help immigrants succeed in school, to encourage English learning and naturalization, and to establish a state office of immigrant affairs to help residents understand immigration better.<ref>Martin, Philip, ''Immigration in a Changing Economy: California's Experience,'' Journal of Ethnic and Migration Studies, Vol. 25.1 (1999): pp.159</ref> --> |
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It has been argued that enhanced border enforcement drives undocumented immigrants to cartels, which have the means to elude immigration authorities, such as trucks, with negative consequences including the rape, torture, and blackmail of the smuggled immigrants, and high profits for the cartels. "The militarization of the border has made it so difficult and so expensive for migrants to cross that the potential profits have incentivized international cartels.... Homeland Security Investigations estimates that cartel profits from smuggling migrants jumped from $500 million in 2018 to $13 billion today [in 2022]."<ref>{{Cite news |last=Cordova |first=Ruben C. |date=August 23, 2022 |title=Diez y ocho ilegales Pressure-Cook in a Boxcar: Border Politics and Two Migration Hellscapes by Adan Hernandez |work=Glasstire |url=https://glasstire.com/2022/08/23/diez-y-ocho-ilegales-pressure-cook-in-a-boxcar-border-politics-and-two-migration-hellscapes-by-adan-hernandez/}}</ref> |
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==Terminology== |
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The [[Immigration and Nationality Act]] is the primary body of federal immigration law in the United States. It defines the term "alien" as “any person not a citizen or national of the United States.” It defines the term “immigrant” to mean every alien not falling within a set of “classes of nonimmigrant aliens” spelled out in detail by the act, for example: diplomatic personal, students residing within the US to attend school, athletes attending athletic events, ship and aircraft crew members; and others residing or staying within the United Sates on a temporary basis. The act classifies aliens remaining within the US on a permanent basis as immigrants without regards to an individual’s legal status.<ref>see Definitions, Immigration and Nationality Act§101(3)& (15)[http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8d58]</ref> |
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===Document fraud=== |
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There are a variety of terms which can be found in government agency news releases, photo captions, and reports. These terms include ''undocumented immigrant'', ''unauthorized immigrant'', ''illegal immigrant'', ''undocumented migrant'', ''unauthorized migrant'', ''migrant'', ''unauthorized immigrant worker'', ''illegal migrant'', ''illegal alien'', ''undocumented alien'', ''unauthorized worker'' and ''unauthorized resident''. |
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Illegal immigrants sometimes use [[Social Security number]]s belonging to others in order to obtain fake work documentation.<ref>{{Cite news|url=https://www.nytimes.com/2006/09/04/world/americas/04iht-id.2688618.html|title=Immigrants stealing U.S. Social Security numbers for jobs, not profits |last=Leland|first=John|date=September 4, 2006|work=The New York Times – International Herald Tribune|access-date=January 10, 2020}}</ref><ref>{{cite news |title=Kansas case puts face on growing problem of 'total identity theft' by illegal immigrants |url=http://www.foxnews.com/us/2012/10/23/kansas-case-puts-face-on-growing-problem-total-identity-theft-by-illegal/ |access-date=January 10, 2020 |agency=Associated Press |date=March 26, 2015}}</ref><ref>{{cite news |last1=Hegeman |first1=Roxana |title=Illegal immigrants turn to identity theft |url=https://www.nbcnews.com/id/22562690/ns/technology_and_science-security/t/illegal-immigrants-turn-identity-theft/ |archive-url=https://web.archive.org/web/20131003165326/http://www.nbcnews.com/id/22562690/ns/technology_and_science-security/t/illegal-immigrants-turn-identity-theft/ |url-status=dead |archive-date=October 3, 2013 |access-date=January 10, 2020 |work=MSNBC |date=January 9, 2008 |language=en}}</ref> In 2009, the US Supreme Court ruled in the case of ''[[Flores-Figueroa v. United States]]'' that illegal immigrants cannot be prosecuted for [[identity theft]] if they use "made-up" Social Security numbers that they do not know belong to someone else; to be guilty of identity theft with regard to social security numbers, they must know that the social security numbers that they use belong to others.<ref>{{cite news|url=https://www.nytimes.com/2009/05/05/us/05immig.html|title=Justices Limit Use of Identity Theft Law in Immigration Cases|last1=Liptak|first1=Adam |last2=Preston|first2=Julia |date=May 4, 2009|newspaper=The New York Times}}</ref> |
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The [[AP Stylebook|Associated Press Stylebook]], the primary [[style guide|style and usage guide]] for most [[newspaper]]s and [[newsmagazines]] in the [[United States]], recommends using "illegal immigrant" rather than "illegal alien" or "undocumented worker"[http://www.mndaily.com/articles/2006/11/13/69875]. According to [[Voice of America]]'s [http://www.voanews.com/specialenglish/wordmaster/index.cfm Wordmaster], a weekly analysis of [[American English]] from the official international radio and television broadcasting service of the [[United States federal government]], "The most common term by far, though, at least as reflected in the [[news media]], is ''illegal immigrants''" in reference to people who are in the United States without following [[immigration laws]].<ref>[http://www.voanews.com/specialenglish/archive/2006-05/2006-05-23-voa3.cfm]</ref> |
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== Education == |
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==Significant agents involved in the debate== |
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===Grassroots political groups=== |
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{{Unreferenced|date=August 2006}} |
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An estimated 65,000 undocumented youth graduate from high school every year but only 5 to 10 percent go on to college.{{Citation needed|date=December 2018}} Research shows that policies regarding tuition and admissions procedures, impact students the most.<ref name="Garibay 2016">{{cite journal | last1 = Garibay | first1 = J. | last2 = Herrera | first2 = C. | last3 = Johnston-Guerrero | first3 = F. | last4 = Garcia | first4 = A. | year = 2016 | title = Layers of influence: exploring institutional-and state-level effects on college student views toward access to public education for undocumented immigrants | journal = Research in Higher Education | volume = 57 | issue = 5| pages = 601–629 | doi = 10.1007/s11162-015-9400-0 | s2cid = 147053922}}</ref> As of October 2015, twenty states had given undocumented students' in-state resident tuition (ISRT) while five states had completely prohibited their enrollment.<ref name="Garibay 2016"/> Although states grant undocumented students resident tuition, federal laws do not award undocumented immigrants financial aid.<ref name="Gonzales 2010">{{cite journal |last1=Gonzales |first1=Roberto G. |title=On the Wrong Side of the Tracks: Understanding the Effects of School Structure and Social Capital in the Educational Pursuits of Undocumented Immigrant Students |journal=Peabody Journal of Education |date=2010 |volume=85 |issue=4 |pages=469–485 |jstor=25759044 |doi=10.1080/0161956x.2010.518039|s2cid=145290313}}</ref> Without financial aid, students cannot afford higher education, making it difficult for this community to attain social mobility.<ref>{{cite journal | last1 = Abrego | first1 = L. J. | year = 2008 | title = Legitimacy, social identity, and the mobilization of law The effects of Assembly Bill 540 on undocumented students in California | journal = Law & Social Inquiry | volume = 33 | issue = 3| pages = 709–734 | doi = 10.1111/j.1747-4469.2008.00119.x | s2cid = 145130781}}</ref><ref name="Gonzales 2010"/> |
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Many organized political groups have begun to speak out on the issue of illegal immigration (and also legal immigration) resulting in a wide range of policy options under active consideration. |
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In 1982, Plyler vs Doe granted all students, regardless of status, the right to a public K-12 education.<ref name="Garibay 2016"/> The ruling found that denying undocumented students access to public education outweighed the effects of not educating them, however states continued implementing policies that challenged the Supreme Court decision.<ref name="immigrationpolicy.org">American Immigration Council. (2012). Public education for immigrant students: States challenge Supreme Court's decision in Plyler v. Doe. Retrieved from [http://immigrationpolicy.org/just-facts/public-education-immigrant-students-states-challenge-supreme-court%E2%80%99s-decision-plyler-v-do] {{Webarchive|url=https://web.archive.org/web/20160814200442/http://immigrationpolicy.org/just-facts/public-education-immigrant-students-states-challenge-supreme-court%E2%80%99s-decision-plyler-v-do|date=August 14, 2016}}</ref> In 1994, California implemented Proposition 187, prohibiting undocumented students from enrolling in schools and required educators to report students who they suspected were undocumented.<ref name="Crawford 2018">{{cite journal | last1 = Crawford | first1 = E | year = 2018 | title = When Boundaries Around the "Secret" are Tested: A School Community Response to the Policing of Undocumented Immigrants | journal = Education and Urban Society | volume = 50 | issue = 2| pages = 155–182 | doi = 10.1177/0013124517690227 | s2cid = 152032675}}</ref> Likewise, the state of Alabama in 2011, requiring administrators to report the status of recently enrolled students; which resulted in a 13% dropout rate that year.<ref name="immigrationpolicy.org"/><ref name="Crawford 2018"/> |
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The [[immigration reduction]] movement seeks to reduce the levels of illegal immigration into the U.S. The [[Minuteman Project]] has been lobbying Congress for stronger enforcement of the border laws and is reported to be organizing private property owners along the U.S.-Mexican border for the purpose of building a fence to discourage illegal border crossings. |
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Organizations such as the American Federation of Teachers have created guides for educators of immigrant and refugee students, urging schools to build policies that provide these students with protection from policies that would criminalize them.<ref>American Federation of Teachers. (2016). Immigrant and refugee children: A guide for |
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==== Protests ==== |
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educators and school support staff. Retrieved from https://www.aft.org/sites/default/files/im_uac-educators-guide_2016.pdf {{Webarchive|url=https://web.archive.org/web/20190802130948/https://www.aft.org/sites/default/files/im_uac-educators-guide_2016.pdf |date=August 2, 2019}}</ref><ref name="Crawford 2018"/> In 2014, Operation Border Guardians targeted undocumented immigrants who had come to the United States as minors and recently turned 18 or were 16 with a criminal history.<ref name="Crawford 2018"/> Federal immigration judges sent out court orders to apprehend students that were not currently appealing their cases.<ref name="Crawford 2018"/> Immigration and Customs Enforcement (ICE) was detaining students on their way to school. When undocumented students turn eighteen, their youth status no longer protects them from immigration policies such as deportation.<ref>National Juvenile Justice Network. (2018). Protecting immigrant youth fact sheet. Retrieved From https://www.ilrc.org/sites/default/files/resources/protect_immig_youth-20181217.pdf</ref> The National Education Association (NEA) and the National School Board Association (NSBA) in 2009, created guidelines for educators working with undocumented students, informing school personnel about their students' rights concerning immigration legislation as it transpires in the community.<ref>Borkowski, J. W. (2009). Legal issues for school districts related to the education of undocumented children. Alexandria, VA: "National School Boards Association" Retrieved from https://brycs.org/clearinghouse/2785/</ref><ref name="Crawford 2018"/> The American Federation of Teachers created a guideline specifically speaking to concern regarding deportation.<ref name="Crawford 2018"/> |
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Some groups are organizing protests demanding that various [[right]]s be established in law for undocumented workers to become permanent legal residents (with permission to work) or (eventually) a path for full U.S. citizenship. These groups have also organized large [[protests]] and [[Demonstration (people)|rallies]] in many major urban centers in the U.S., including [[New York City]], [[Los Angeles, California|Los Angeles]], [[Chicago, Illinois|Chicago]], [[San Francisco, California|San Francisco]], and [[Dallas, Texas|Dallas]]. However, some have reported that the movement may have generated a significant backlash among those opposed to illegal immigration, which, according to a number of political polls, includes the majority of Americans. |
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A case study conducted on Aurora Elementary examined how school personnel quickly developed boundaries to ensure the safety of their students when ICE appeared in the community.<ref name="Crawford 2018"/> The study evaluated how educators' established school policies with limited knowledge regarding policies. In the study, 14 staff members of Aurora spoke about the fear it created in the community. The school was placed on an unofficial lockdown, and no one was to leave campus unless given permission. Days following the event, parents stopped sending their children to school. After speaking to the district's legal department, they informed her that they would not be able to do anything in their part, but that she could call families and inform them about the ICE raids. She worked with school personnel to create school policies that protected the students when immigration legislation transpired in the community. Further, aligning school policies with district goals to ensure that undocumented students' education is protected.<ref name="Crawford 2018"/> |
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===Failed Attempts at City sanctions=== |
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Several cities have passed an Illegal Immigration Relief Act designed to penalize landlords who provide illegal immigrants with housing and businesses who provide illegal immigrants with employment. These cities include: |
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* [[San Bernardino, California]] |
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* [[Avon Park, Florida]] |
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* [[Hazleton, Pennsylvania]] |
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* [[Farmers Branch, Texas]] |
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Studies have shown that undocumented immigrants are wary of disclosing their immigration status to counselors, teachers and mentors. In other words, undocumented students sometimes did not disclose their status to the very individuals that could help them find pathways to higher education.<ref>{{cite journal | last1 = Roth | first1 = B. J. | year = 2017 | title = When college is illegal: Undocumented Latino/a youth and mobilizing social support for educational attainment in South Carolina | journal = Journal of the Society for Social Work and Research | volume = 8 | issue = 4| pages = 539–561 | doi = 10.1086/694325 | s2cid = 149438441}}</ref><ref>{{cite journal | last1 = Raza | first1 = S. S. | last2 = Saravia | first2 = L. A. | last3 = Katsiaficas | first3 = D. | year = 2018 | title = Coming out: Examining how undocumented students critically navigate status disclosure processes | journal = Journal of Diversity in Higher Education | volume = 12| issue = 3| pages = 191–204| doi = 10.1037/dhe0000085 | s2cid = 149924459}}</ref> |
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== See also == |
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* [[Immigration reduction]] |
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== Harm to non-citizens without legal status == |
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* [[United States immigration debate]] |
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There are significant dangers associated with illegal immigration including potential [[Immigrant deaths along the US–Mexico border|death when crossing the border]]. Since the 1994 implementation of an immigration-control effort called [[Operation Gatekeeper]], immigrants have attempted to cross the border in more dangerous locations.<ref>{{Cite news|url=https://www.sandiegouniontribune.com/opinion/commentary/story/2019-09-30/operation-gatekeeper-ended-chaos-at-border-utak|title=Commentary: How 1994's Operation Gatekeeper made Border Patrol better and ended the 'chaos'|last=Martin |first=Jerry "Brian"|date=October 1, 2019|newspaper=[[San Diego Union-Tribune]]|language=en-US|access-date=October 1, 2019}}</ref><ref name="inmotionmagazine"/> Those crossing the border come unprepared, without food, water, proper clothing, or protection from the elements or dangerous animals; sometimes the immigrants are abandoned by those smuggling them.<ref name="inmotionmagazine"/> Deaths also occur while resisting arrest. In May 2010, the National Human Rights Commission in Mexico accused Border Patrol agents of tasering illegal immigrant [[Death of Anastasio Hernández-Rojas|Anastasio Hernández-Rojas]] to death. Media reports that Hernández-Rojas started a physical altercation with patrol agents and later autopsy findings concluded that the suspect had trace amounts of methamphetamine in his blood levels which contributed to his death.<ref name="Coroner: Meth played role in Mexican border stun gun death"/><ref name="PB">{{cite web|title=PBS Need to Know, Crossing the Line|website=[[PBS]] |url=https://www.pbs.org/wnet/need-to-know/security/video-first-look-crossing-the-line/13597/ |access-date=July 22, 2012|date=April 20, 2012}}</ref> The foreign ministry in Mexico City has demanded an explanation from San Diego and federal authorities, according to Tijuana newspapers.<ref name="Coroner: Meth played role in Mexican border stun gun death"/> According to the [[U.S. Border Patrol|US Border Patrol]], there were 987 assaults on Border Patrol agents in 2007 and there were a total of 12 people killed by agents in 2007 and 2008.<ref name="Border Patrol Agent's Trial in Killing of Illegal Immigrant Starts in Arizona"/> |
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* [[Free immigration]] |
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According to the Washington Office on Latin America's Border Fact Check site, Border Patrol rarely investigates allegations of abuse against migrants, and advocacy organizations say, "even serious incidents such as the shootings of migrants result in administrative, not criminal, investigations and sanctions."<ref>{{cite web|last=Meyer|first=Maureen|title=Are migrants routinely abused by Customs and Border Protection agents?|url=http://borderfactcheck.tumblr.com/post/27931519885/are-migrants-routinely-abused-by-customs-and-border|work=Border Fact Check|publisher=Washington Office on Latin America|access-date=September 24, 2012}}</ref> |
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===Health=== |
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{{main|Healthcare availability for illegal immigrants in the United States}} |
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A 2017 ''[[Science (journal)|Science]]'' study found that [[Deferred Action for Childhood Arrivals|Deferred Action for Childhood Arrivals (DACA)]], which allows unauthorized immigrants who migrated to the United States as minors to temporarily stay, led to improved mental health outcomes for the children of DACA-eligible mothers.<ref>{{Cite journal|last1=Hainmueller|first1=Jens|last2=Lawrence|first2=Duncan|last3=Martén|first3=Linna|last4=Black|first4=Bernard|last5=Figueroa|first5=Lucila|last6=Hotard|first6=Michael|last7=Jiménez|first7=Tomás R.|last8=Mendoza|first8=Fernando|last9=Rodriguez|first9=Maria I.|date=August 31, 2017|title=Protecting unauthorized immigrant mothers improves their children's mental health |journal=Science|language=en|pages=1041–1044|doi=10.1126/science.aan5893 |pmid=28860206|pmc=5990252|volume=357|issue=6355|bibcode=2017Sci...357.1041H}}</ref> A 2017 [[The Lancet|''Lancet Public Health'']] study reported found that DACA-eligible individuals had better mental health outcomes as a result of their DACA-eligibility.<ref>{{Cite journal|last1=Venkataramani|first1=Atheendar S|last2=Shah|first2=Sachin J|last3=O'Brien|first3=Rourke|last4=Kawachi|first4=Ichiro|last5=Tsai|first5=Alexander C|title=Health consequences of the US Deferred Action for Childhood Arrivals (DACA) immigration programme: a quasi-experimental study |journal=The Lancet Public Health|volume=2|issue=4|pages=e175–e181|doi=10.1016/s2468-2667(17)30047-6|pmid=29253449|pmc=6378686|year=2017}}</ref> Stringent immigration enforcement has been linked to worse mental health among illegal immigrants.<ref>{{cite journal |last1=Luo |first1=Tianyuan |last2=Escalante |first2=Cesar L. |title=Stringent immigration enforcement and the mental health and health-risk behaviors of Hispanic adolescent students in Arizona |journal=Health Economics |date=January 2021 |volume=30 |issue=1 |pages=86–103 |doi=10.1002/hec.4178 |pmid=33085153 |s2cid=212682062}}</ref> |
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Illegal immigrants, particularly those living in parts of the US with more restrictive policies, are less likely to access health services. If they do see a health care provider, they are less likely to be able to comply with their recommendations. Additionally, illegal immigrants have higher rates of depressive symptoms than legal immigrants.<ref name="Ornelas">{{cite journal|doi=10.1146/annurev-publhealth-040119-094211|title=The Health of Undocumented Latinx Immigrants: What We Know and Future Directions|year=2020|last1=Ornelas|first1=India J.|last2=Yamanis|first2=Thespina J.|last3=Ruiz|first3=Raymond A.|journal=Annual Review of Public Health|volume=41|pages=289–308|pmid=32237989|pmc=9246400 |doi-access=free}}</ref> More restrictive policies also negatively impact the likelihood that a pregnant immigrant will receive prenatal care.<ref name="Ornelas"/> In contrast, a 2017 study found that extending Medicaid to illegal immigrants led to improvements in infant health and reductions in infant mortality.<ref>{{Cite journal|last1=Swartz|first1=Jonas J.|last2=Hainmueller|first2=Jens|last3=Lawrence|first3=Duncan|last4=Rodriguez|first4=Maria I.|date=2017|title=Expanding Prenatal Care to Unauthorized Immigrant Women and the Effects on Infant Health|journal=Obstetrics and Gynecology|volume=130|issue=5|pages=938–945|doi=10.1097/AOG.0000000000002275 |pmid=29016491|pmc=5679477}}</ref> A quasi-experimental study found that after the [[Postville raid]] in Iowa in 2008, newborns were 24% more likely to be underweight at birth compared to the year before, adjusting for maternal risk factors and country of origin.<ref name="Ornelas"/> |
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===Exploitation by employers=== |
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{{see also|Human trafficking in the United States}} |
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Many Mexican immigrants have been trafficked by either their smugglers or the employers after they have gotten to the United States. According to research at [[San Diego State University]], approximately 6% of illegal Mexican immigrants were trafficked by their smugglers while entering the United States and 28% were trafficked by their employers after entering the United States. Trafficking rates were particularly high in the construction and cleaning industries. They also determined that 55% of illegal Mexican immigrants were abused or exploited by either their smugglers or employers.<ref>{{Cite web|url=https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf|archive-url=https://web.archive.org/web/20160729070836/https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf|url-status=dead|title=Looking for a Hidden Population: Trafficking of Migrant Laborers in San Diego County|archive-date=July 29, 2016|access-date=May 21, 2020}}</ref> |
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Indian, Russian, Thai, Vietnamese and Chinese women have been reportedly brought to the United States under false pretenses. "As many as 50,000 people are illicitly trafficked into the United States annually, according to a 1999 CIA study. Once here, they're forced to work as prostitutes, sweatshop laborers, farmhands, and servants in private homes." US authorities call it "a modern form of slavery".<ref name="pbs"/><ref name="berkeley">[http://www.berkeley.edu/news/media/releases/2004/09/23_16691.shtml Modern slavery thriving in the U.S.] {{webarchive |url=https://web.archive.org/web/20161018163408/http://www.berkeley.edu/news/media/releases/2004/09/23_16691.shtml |date=October 18, 2016}} Retrieved: March 5, 2008.</ref> Many Latina women have been lured under false pretenses to illegally come to the United States and are instead forced to work as prostitutes catering to the immigrant population. Non-citizen customers without proper documentation that have been detained in prostitution stings are generally deported.<ref>[http://latino.foxnews.com/latino/news/2013/01/18/us-network-pimps-indicted-for-sex-trafficking-dozens-latinas-from-mexico/ Fox News Latino: "US 'Network of Pimps' Indicted for Enslaving Dozens of Latina Immigrants] {{webarchive |url=https://web.archive.org/web/20150928052716/http://latino.foxnews.com/latino/news/2013/01/18/us-network-pimps-indicted-for-sex-trafficking-dozens-latinas-from-mexico/ |date=September 28, 2015}} January 18, 2013</ref> |
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===Death=== |
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{{see also|Haitian diaspora#Deaths}} |
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Many Central American migrants are abducted or killed during their journey. A 2015 estimate suggested that as many as 120,000 migrants had disappeared within Mexico during the previous ten years.<ref>{{Cite web|url=http://www.resumenlatinoamericano.org/2015/09/09/muerte-trata-violacion-el-drama-de-migrantes-en-mexico-es-peor-que-el-de-europa-ongs/|title=Muerte, trata, violación… el drama de migrantes en México es peor que el de Europa: ONGs|last=Rosagel|first=Shaila|date=September 9, 2015|website=Resumen Latinoamericano|language=es|access-date=February 12, 2020}}</ref> Thousands are killed or maimed [[train surfing|riding the roofs]] of cargo trains in Mexico.<ref name="'Train of death' drives migrant American dreamers"/> |
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Death by exposure to the elements—leading to [[hypothermia]], [[dehydration]], [[heat stroke]], [[drowning]], and [[Asphyxia|suffocation]]—has been reported in the deserts, particularly during the hot summer season.<ref name="Illegal Immigrant Death Rate Rises Sharply in Barren Areas" /> Also, people may die or be injured when they attempt to avoid law enforcement, for example, in high speed pursuits.<ref name="amoruso" /> |
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===Workplace injury=== |
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Recent studies have found that illegal immigration status is perceived by Latino immigrant workers as a barrier to safety at work.<ref>{{Cite journal|last1=Flynn|first1=Michael A.|last2=Eggerth|first2=Donald E.|last3=Jacobson|first3=C. Jeffrey|date=September 1, 2015|title=Undocumented status as a social determinant of occupational safety and health: The workers' perspective|journal=American Journal of Industrial Medicine|volume=58|issue=11|pages=1127–1137|doi=10.1002/ajim.22531 |pmc=4632487|pmid=26471878}}</ref><ref>{{Cite journal|last1=Liebman|first1=Amy King|last2=Juarez-Carrillo|first2=Patricia Margarita|last3=Reyes|first3=Iris Anne Cruz|last4=Keifer|first4=Matthew Charles|date=March 1, 2016|title=Immigrant dairy workers' perceptions of health and safety on the farm in America's Heartland |journal=American Journal of Industrial Medicine |volume=59|issue=3|pages=227–235|doi=10.1002/ajim.22538|pmid=26523613}}</ref> |
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=== Criticisms of ICE Detention === |
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With deportation as a tool of the US government against illegal immigrants, practices by immigration authorities have drawn the ire of the public and activists—about detention facilities and deportations. In the act of detaining illegal aliens, ICE has come under scrutiny for its practices of separating families. In addition, ICE has been wrongfully assessing ages of unaccompanied children. The Department of Homeland Security rely on dental radiograph tests to ascertain the ages of those in custody. But these tests only determine an age range, often encompassing both minor and adult ages, resulting in many minors being placed in adult prisons.<ref>{{Cite web|date=July 13, 2019|title=My Very Unhappy Birthday|url=https://www.thisamericanlife.org/679/save-the-girl/act-one-6|access-date=January 22, 2021|website=This American Life}}</ref> "This American Life" has reported on one wrongfully detained migrant arriving from Cambodia to meet her finance, whose dental tests said she was a minor. ICE tests to determine ages of detained migrants have proven at best faulty—and at worst unscientific. |
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Additionally, activists and immigrant advocates have criticized the role of private prison companies in dealing with the detention of illegal immigrants. Reports have detailed people in ICE custody being forced to work for nothing or a dollar-a-day cooking, doing laundry, and other essential tasks for these prisons.<ref>{{Cite web|date=November 25, 2018|title=Private prison companies served with lawsuits over using detainee labor|url=http://www.theguardian.com/us-news/2018/nov/25/private-prison-companies-served-with-lawsuits-over-usng-detainee-labor|access-date=January 22, 2021|website=The Guardian|language=en}}</ref> In late December 2017, the US Civil Rights Commission called on Congress and the Department of Homeland Security to investigate abusive labor practices of these private prisons, including other reports saying detainees had been paid less than a dollar a day in the facilities "Voluntary Work Program."<ref>{{cite web|date=December 21, 2017|title=U.S. Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers|url=https://www.usccr.gov/press/2017/12-21-PR.pdf|website=United States Civil Rights Commission}}</ref> In the report, the Commission specifically cited private prisons as a main concern, given the financial benefit of low-paid labor being used to "maximize profits." |
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==Celebrities and influencers== |
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[[Celebrity|Celebrities]] who perform their normal paid duties may suddenly find themselves working illegally if they travel to the United States.<ref name=Wong/> (See {{slink||In the workforce}}.) This has become especially common with the increase in [[social media influencers]].<ref name=Wong /> Because they are doing something many do without pay and are traveling with no more equipment than many travelers do every day, they may not be aware that they are breaking the 1986 [[Immigration Reform and Control Act]] (IRCA).<ref name=Wong>{{cite journal|year=2021|issue=1|volume=42|first=Sydney|last=Wong|location=[[Los Angeles]]|journal=[[Loyola of Los Angeles Entertainment Law Review]]|publisher=[[Loyola Marymount University]]|title=Influencing Immigration: The Need for Immigration Reform in the Age of Social Media Influencers}}</ref> |
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==Cultural references== |
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A number of films and at least one novel tell stories based on the infamous voyage of the ''[[Golden Venture]]'', a ship carrying would-be illegal immigrants from China that ran aground in New York Harbor in 1993. |
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===Commercial films=== |
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The 1996 film ''[[Deadly Voyage]]'' treats the perils endured by would-be immigrants attempting to enter the United States illegally.<ref>{{cite news |last=O'Connor |first=John J. |date=June 14, 1996 |url=https://www.nytimes.com/1996/06/14/arts/tv-weekend-9-african-stowaways-and-a-homicidal-crew.html?pagewanted=1 |title=TV Weeknd; 9 African Stowaways And a Homicidal Crew |work=[[The New York Times]]}}</ref> |
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===Documentary films=== |
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''[[How Democracy Works Now: Twelve Stories]]'' is a 12-part documentary film series that examines the American political system through the lens of [[immigration reform]] from 2001 to 2007, from filmmaking team [[Shari Robertson]] and [[Michael Camerini]]. Several films in the series contain a large focus on the issue of illegal immigration in the US and feature advocates from both sides of the debate. Since the debut of the first five films, the series has become an important resource for advocates, policymakers and educators.<ref name="typepad"/> |
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The series premiered on [[HBO Documentary Films|HBO]] with the broadcast debut of ''The Senator's Bargain'' on March 24, 2010. A directors' cut of ''The Senator's Bargain'' was featured in the 2010 [[Human Rights Watch|Human Rights Watch Film Festival at Lincoln Center]], with the theatrical title ''Story 12: Last Best Chance''. That film featured Edward Kennedy's efforts to pass the [[Comprehensive Immigration Reform Act of 2007]]. The second story in the 12-part series, ''Mountains and Clouds'', opened the festival in the same year. |
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The films document the attempt to pass comprehensive immigration reform during the years from 2001 to 2007, and present a behind-the-scenes story of the success (and failure) of many bills from that period with an effect on illegal immigration including: |
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* The [[DREAM Act]] |
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* [[REAL ID Act]] |
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* [[Comprehensive Immigration Reform Act of 2007]] |
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* [[Secure America and Orderly Immigration Act]] |
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''Marking Up The Dream'', Story Six in the ''How Democracy Works Now'' series, focuses on the heated 2003 markup in [[United States Senate Committee on the Judiciary|The Senate Judiciary Committee]], contrasting optimistic supporters who viewed The DREAM Act as a small bi-partisan bill that would help children, with opponents who saw the legislation as thinly veiled [[amnesty]]. Also presented in the film are the [[2006 United States immigration reform protests|rallies and demonstrations]] from illegal immigrant students who would benefit from the DREAM Act. The film opens with demonstration by some illegal high-school students as they stage a mock graduation ceremony on the [[United States Capitol#Grounds|US Capitol lawn]]. |
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==See also== |
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{{Portal|United States}} |
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{{Div col|colwidth=20em}} |
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* [[Angel Families]] |
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* [[Canada–United States border]] |
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* [[Illegal immigration to Canada]] |
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* [[Illegal immigration to Mexico]] |
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* [[Immigration reduction in the United States]] |
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* [[Immigration to the United States]] |
* [[Immigration to the United States]] |
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* [[Inequality within immigrant families (United States)]] |
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* [[Immigrant deaths along the U.S.-Mexico border]] |
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* [[List of detention sites in the United States]] (migration-related sites) |
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* [[Melting Pot]] |
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* [[ |
* [[Mexican migration]] |
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* [[Mexico–United States border crisis]] |
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* [[Nativism (politics)]] |
* [[Nativism (politics)]] |
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* [[Office of Victims of Immigration Crime Engagement]] |
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*[[Operation Jump Start]] |
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* [[Opposition to immigration]] |
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{{Div col end}} |
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== |
==References== |
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'''Footnotes''' |
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<div class="references-small"> |
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{{notelist}} |
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<references /> |
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</div> |
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'''Citations''' |
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*Immigration and Nationality Act, Title 8 Code of Federal Regulations [http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=24e12c5b6b3ca34ade72f667ecbc8d58] |
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{{reflist|refs= |
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<ref name="A harder look at visa overstayers">{{cite news | author=Alexandra Marks | title=A harder look at visa overstayers |newspaper=Christian Science Monitor | url=http://www.csmonitor.com/2002/0205/p01s03-usju.html | date=February 5, 2002}}</ref> |
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<ref name="aclu">ACLU Calls on President Not to Deploy Military Troops to Deter Immigrants at the Mexican Border [https://www.aclu.org/immigrants/gen/25575prs20060515.html ACLU.org] {{webarchive |url=https://web.archive.org/web/20091017091442/https://www.aclu.org/immigrants/gen/25575prs20060515.html |date=October 17, 2009}}, May 5, 2006</ref> |
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<ref name="amoruso">[http://www.imdiversity.com/Villages/Hispanic/arts_culture_media/archives/amoruso_crossing_over.asp Crossing Over: A Mexican Family on the Migrant Trail] {{webarchive |url=https://web.archive.org/web/20120305021156/http://www.imdiversity.com/Villages/Hispanic/arts_culture_media/archives/amoruso_crossing_over.asp |date=March 5, 2012}}, review by Carol Amoruso.</ref> |
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<ref name="archibold">{{cite news|last=Archibold|first=Randal C.|url=https://www.nytimes.com/2010/07/29/us/29arizona.html|title=Judge Blocks Arizona's Immigration Law|work=The New York Times|date=July 29, 2010|page=A1}}</ref> |
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<ref name="archives">President Bush Addresses the Nation on Immigration Reform [https://georgewbush-whitehouse.archives.gov/news/releases/2006/05/20060515-8.html Archives.gov] {{webarchive |url=https://web.archive.org/web/20160507164231/http://georgewbush-whitehouse.archives.gov/news/releases/2006/05/20060515-8.html |date=May 7, 2016}}, May 2006</ref> |
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<ref name="archives10">President Bush's Plan For Comprehensive Immigration Reform [https://georgewbush-whitehouse.archives.gov/stateoftheunion/2007/initiatives/immigration.html 2007 State of the Union] {{webarchive |url=https://web.archive.org/web/20161115084802/http://georgewbush-whitehouse.archives.gov/stateoftheunion/2007/initiatives/immigration.html |date=November 15, 2016}}</ref> |
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<ref name="archives11">{{cite web | title = Comprehensive Immigration Reform | url = https://georgewbush-whitehouse.archives.gov/infocus/immigration | publisher = whitehouse.gov}}</ref> |
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<ref name="autogenerated2">{{cite web | url=http://www.gao.gov/new.items/d06770.pdf | publisher=Government Accountability Office | title=Border-Crossing Deaths Have Doubled Since 1995; Border Patrol's Efforts to Prevent Deaths Have Not Been Fully Evaluated | page=42 |date=August 2006}}</ref> |
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<ref name="autogenerated9">{{cite web|url=https://www.npr.org/templates/story/story.php?storyId=4703307 |title=Study Details Lives of Illegal Immigrants in U.S. |website=NPR |access-date=January 2, 2012}}</ref> |
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<ref name="ballad">{{cite news | publisher=[[Public Broadcasting Service|PBS]] | url=https://www.pbs.org/pov/pov2008/ballad/about.html | title=About the Film The Ballad of Esequiel Hernández | date=July 7, 2008 | access-date=July 11, 2008 | archive-date=July 16, 2008 | archive-url=https://web.archive.org/web/20080716044650/http://www.pbs.org/pov/pov2008/ballad/about.html | url-status=dead}}</ref> |
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<ref name="bbc">{{cite news|url=http://news.bbc.co.uk/2/hi/americas/4645782.stm |title=Mexican migrants to get US maps|publisher=BBC News |date=January 25, 2006 |access-date=January 2, 2012}}</ref> |
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<ref name="Border Patrol Agent's Trial in Killing of Illegal Immigrant Starts in Arizona">{{cite news| url=https://www.nytimes.com/2008/02/28/us/28agent.html | work=The New York Times | title=Border Patrol Agent's Trial in Killing of Illegal Immigrant Starts in Arizona | first=Randal C. | last=Archibold | date=February 28, 2008 | access-date=May 5, 2010}}</ref> |
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<ref name="cato">{{cite web |url=http://www.cato.org/pubs/policy_report/pr-imsum.html |title=Immigration: The Demographic and Economic Facts |publisher=Cato.org |access-date=January 2, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120108052539/http://www.cato.org/pubs/policy_report/pr-imsum.html |archive-date=January 8, 2012}}</ref> |
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<ref name="cnn">[https://money.cnn.com/2005/08/08/news/economy/illegal_immigrants/ Banks help illegal immigrants own their own home] {{webarchive |url=https://web.archive.org/web/20161212021653/http://money.cnn.com/2005/08/08/news/economy/illegal_immigrants/ |date=December 12, 2016}}, CNN/Money</ref> |
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<ref name="cornell">{{cite web|title=§ 1325. Improper entry by alien|url=https://www.law.cornell.edu/uscode/text/8/1325-|publisher=Cornell Law School|access-date=July 30, 2010}}</ref> |
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<ref name="Coroner: Meth played role in Mexican border stun gun death">{{cite news | url=http://www.sdnn.com/sandiego/2010-06-02/mexico/coroner-meth-played-role-in-mexican-border-stun-gun-death | work=San Diego News Network | title=Coroner: Meth played role in Mexican border stun gun death | date=June 2, 2010 | access-date=June 6, 2010 | url-status=dead | archive-url=https://web.archive.org/web/20100606171948/http://www.sdnn.com/sandiego/2010-06-02/mexico/coroner-meth-played-role-in-mexican-border-stun-gun-death | archive-date=June 6, 2010}}</ref> |
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<ref name="CRSReport">{{cite web|url=https://digital.library.unt.edu/govdocs/crs/data/2006/upl-meta-crs-9011/RL33079_2006May12.pdf?PHPSESSID=1ca373c497c7db6a81c7ca74a1445530.pdf|title=U.S. Citizenship of Persons Born in the United States to Alien Parents|last=Lee|first=Margaret|date=May 12, 2006|publisher=Congressional Research Service Report for Congress|pages=10, 17|access-date=August 16, 2008}}</ref> |
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<ref name="deportations 2010">{{cite news|last=Slevin|first=Peter|title=Deportation of illegal immigrants increases under Obama administration|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/07/25/AR2010072501790_pf.html|newspaper=The Washington Post|date=July 25, 2010|page=A1}}</ref> |
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<ref name="dhs1">Bryan Baker. [https://www.dhs.gov/sites/default/files/publications/Unauthorized%20Immigrant%20Population%20Estimates%20in%20the%20US%20January%202014_1.pdf Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2014]. Office of Homeland Security, January 2017.</ref> |
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<ref name="dpft">House panel plans probe of S. Texas border killing [http://www.dpft.org/hernandez/hc_071797.html DPFT.org] {{webarchive |url=https://web.archive.org/web/20130923113150/http://www.dpft.org/hernandez/hc_071797.html |date=September 23, 2013}}, July 17, 1997</ref> |
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<ref name="dpft8">Pentagon Pulls Troops Off Drug Patrols Action Comes as Grand Jury Weighs Indictment of Marine [http://www.dpft.org/hernandez/usat_073097.html DPFT.org] {{webarchive |url=https://web.archive.org/web/20160303165750/http://www.dpft.org/hernandez/usat_073097.html |date=March 3, 2016}}, July 30, 1997</ref> |
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<!-- <ref name="Estimates from PHC">{{cite news| url= http://www.pewhispanic.org/2014/11/18/chapter-2-birthplaces-of-u-s-unauthorized-immigrants/ | format = Web|title= Chapter 2: Birthplaces of U.S. Unauthorized Immigrants|publisher=Pew Hispanic Center |date= November 18, 2014}}</ref> --> |
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<ref name="Extremists Declare 'Open Season' on Immigrants">{{cite web | title=Extremists Declare 'Open Season' on Immigrants | publisher=[[Anti-Defamation League]] | url=http://www.adl.org/PresRele/Extremism_72/4904_12.htm | date=April 26, 2006 | url-status=dead | archive-url=https://web.archive.org/web/20070205193128/http://www.adl.org/PresRele/Extremism_72/4904_12.htm | archive-date=February 5, 2007}}</ref> |
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<ref name="harvard">Enforcing Corporate Responsibility for Violations of Workplace Immigration Laws: The Case of Meatpacking [http://www.law.harvard.edu/students/orgs/llr/vol9/tanger.php#Heading144 Harvard.edu] {{webarchive |url=https://web.archive.org/web/20081229071836/http://www.law.harvard.edu/students/orgs/llr/vol9/tanger.php#Heading144 |date=December 29, 2008}}, December 22, 2006. Tyson also used its enrollment in the Basic Pilot and EVP Programs (voluntary employment eligibility screening programs) as part of its defense.</ref> |
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<ref name="homelandsecurity">The Myth of Posse Comitatus [http://www.homelandsecurity.org/journal/articles/Trebilcock.htm October 2000] {{webarchive |url=https://web.archive.org/web/20120209074211/http://www.homelandsecurity.org/journal/articles/Trebilcock.htm |date=February 9, 2012}}</ref> |
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<ref name="Ill and in Pain, Detainee Dies in U.S. Hands">{{cite news | url=https://www.nytimes.com/2008/08/13/nyregion/13detain.html | date=August 12, 2008 | access-date=August 18, 2008 | title=Ill and in Pain, Detainee Dies in U.S. Hands | author=Nina Bernstein | newspaper=The New York Times}}</ref> |
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<ref name="Illegal Immigrant Death Rate Rises Sharply in Barren Areas">{{cite news|url=https://www.nytimes.com/2002/08/06/national/06BORD.html |title=Illegal Immigrant Death Rate Rises Sharply in Barren Areas |last=Nieves |first=Evelyn |date=August 6, 2002 |newspaper=The New York Times |access-date=June 29, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20130518222900/http://www.nytimes.com/2002/08/06/national/06BORD.html |archive-date=May 18, 2013}}</ref> |
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<ref name="ilw">[http://www.ilw.com/immigrationdaily/news/2006,0912-crs.pdf ''Enforcing Immigration Law: The Role of State and Local Law Enforcement''] {{webarchive|url=https://web.archive.org/web/20161126115734/http://www.ilw.com/immigrationdaily/news/2006%2C0912-crs.pdf |date=November 26, 2016}}, Congressional Research Service report, August 14, 2006, page 26</ref> |
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<ref name="In-Custody Deaths">{{cite news | url=http://topics.nytimes.com/top/reference/timestopics/subjects/i/immigration_detention_us/incustody_deaths/index.html | title=In-Custody Deaths | newspaper=The New York Times | first=Nina | last=Bernstein | access-date=May 5, 2010}}</ref> |
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<ref name="inmotionmagazine">Roberto Martinez (In Motion Magazine), "Operation Gatekeeper" [http://www.inmotionmagazine.com/rm99.html InMotionMagazine.com] {{webarchive|url=https://web.archive.org/web/20000119050720/http://www.inmotionmagazine.com/rm99.html |date=January 19, 2000}}, Retrieved: July 4, 2008.</ref> |
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<ref name="Mexican State Issues 'How To' on Border Jumping">{{cite news| url=https://www.foxnews.com/story/mexican-state-issues-how-to-on-border-jumping | work=Fox News | title=Mexican State Issues 'How To' on Border Jumping | date=March 23, 2005}}</ref> |
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<ref name="Mexicans deported from US face shattered lives">{{cite news | url=https://www.usatoday.com/news/topstories/2008-08-24-4215780895_x.htm | title=Mexicans deported from US face shattered lives | author=Julie Watson | agency=Associated Press | date=August 24, 2008 | work=USA Today}}</ref> |
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<ref name="modes">{{cite web |url=http://www.pewhispanic.org/2006/05/22/modes-of-entry-for-the-unauthorized-migrant-population/ |title=Modes of Entry for the Unauthorized Migrant Population |date= May 22, 2006 |publisher= [[Pew Hispanic Center]] |access-date=February 2, 2011}}</ref> |
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<ref name="nomoredeaths">{{cite web | title = No More Deaths | url = http://www.nomoredeaths.org |website=No More Deaths}}</ref> |
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<ref name="npr">{{cite web|url=https://www.npr.org/templates/story/story.php?storyId=5485917 |title=Nearly Half of Illegal Immigrants Overstay Visas |publisher=NPR |date=June 14, 2006 |access-date=January 2, 2012}}</ref> |
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<ref name="number drops 2010">{{cite news|last=Bahrampour|first=Tara|title=Number of illegal immigrants in U.S. drops, report says|url=https://www.washingtonpost.com/wp-dyn/content/article/2010/09/01/AR2010090106940_pf.html|access-date=July 30, 2011|newspaper=The Washington Post|date=September 1, 2010}}</ref> |
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<ref name="nyt-az-law">{{cite news | url=https://www.nytimes.com/2010/04/24/us/politics/24immig.html | title=U.S.'s Toughest Immigration Law Is Signed in Arizona | author=Archibold, Randal C. | newspaper=[[The New York Times]] | date=April 24, 2010 | page=A1}}</ref> |
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<ref name="nytimes4">{{cite news |url= https://www.nytimes.com/2007/10/02/us/02social.html?_r=2|title= Court Orders a New Delay on Illegal Worker Rules|work= The New York Times|first=Julia|last= Preston|date= October 2, 2007|archive-date= November 12, 2018|archive-url= https://web.archive.org/web/20181112181556/https://www.nytimes.com/2007/10/02/us/02social.html?_r=2|access-date= June 26, 2012|url-status= dead|df = mdy-all}}</ref> |
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<ref name="On the Border">{{cite news | publisher=[[Hartford Advocate]] | url=http://www.hartfordadvocate.com/article.cfm?aid=8533| title=On the Border | date=June 30, 2008 | access-date=July 11, 2008 |archive-url = https://web.archive.org/web/20080715175613/http://www.hartfordadvocate.com/article.cfm?aid=8533 |archive-date = July 15, 2008}}</ref> |
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<ref name="pbs">Many of these women are forced in to heavy labor to pay for their passage into the U.S. [https://www.pbs.org/newshour/bb/law/jan-june01/slavery_3-8.html PBS Report on Illegal Immigrant Slavery in the US] {{webarchive |url=https://web.archive.org/web/20130924193950/http://www.pbs.org/newshour/bb/law/jan-june01/slavery_3-8.html |date=September 24, 2013}}</ref> |
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<ref name="pbsborder">[https://www.pbs.org/kpbs/theborder/history/timeline/20.html Timeline: 1953 Operation Wetback: The U.S. Immigration Service deports more than 3.8 million people of Mexican heritage.] {{webarchive |url=https://web.archive.org/web/20150502205327/http://www.pbs.org/kpbs/theborder/history/timeline/20.html |date=May 2, 2015}} [https://www.pbs.org/kpbs/theborder/index.html The Border] {{webarchive |url=https://web.archive.org/web/20150503112310/http://www.pbs.org/kpbs/theborder/index.html |date=May 3, 2015}}, PBS</ref> |
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<ref name="pew">''Pew Research'', November 16, 2023, by Jeffrey S. Passel AND Jens Manuel Krogstad, "[https://web.archive.org/web/20240709005327/https://www.pewresearch.org/short-reads/2023/11/16/what-we-know-about-unauthorized-immigrants-living-in-the-us/ What we know about unauthorized immigrants living in the U.S.]"</ref> |
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<ref name="pitt">National Guard presence cutting number of illegal US-Mexico border crossings [http://jurist.law.pitt.edu/paperchase/2006/06/national-guard-presence-cutting-number.php PITT.edu] {{webarchive |url=https://web.archive.org/web/20130621103320/http://jurist.law.pitt.edu/paperchase/2006/06/national-guard-presence-cutting-number.php |date=June 21, 2013}}, June 12, 2006</ref> |
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<ref name="preston">''The New York Times'', July 9, 2010, by Julia Preston, "[https://archive.today/20130130183859/http://www.nytimes.com/2010/07/10/us/10enforce.html Illegal Workers Swept From Jobs in 'Silent Raids']"</ref> |
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<ref name="sfgate">National Guard works the border [http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/10/23/MNG9NLUADE1.DTL SFgate.com] {{webarchive|url=https://web.archive.org/web/20111213140324/http://www.sfgate.com/cgi-bin/article.cgi?file=%2Fc%2Fa%2F2006%2F10%2F23%2FMNG9NLUADE1.DTL |date=December 13, 2011}}, October 23, 2006</ref> |
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<ref name="sfgov">[http://www.sfgov.org/site/mayor_index.asp?id=78378 "Mayor Newsom launches sanctuary city outreach program"] {{webarchive |url=https://web.archive.org/web/20100207050421/http://www.sfgov.org/site/mayor_index.asp?id=78378 |date=February 7, 2010}}, City and County of San Francisco, Office of the Mayor. April 2, 2008. Retrieved October 10, 2009.</ref> |
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<ref name="ST">{{cite news| url=http://seattletimes.nwsource.com/html/nationworld/2002143941_comic07.html | work=The Seattle Times | title=Mexico offers tips for crossing border in comic book | first=Laurence | last=Iliff | date=January 7, 2005}}</ref> |
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<ref name="Taxing Undocumented Immigrants: Separate, Unequal and Without Representation">{{cite journal | first1=J. |last1=Lipman |last2=Francine|first2=J. | title=Taxing Undocumented Immigrants: Separate, Unequal and Without Representation | ssrn=881584 | publisher=The Tax Lawyer |journal= Tax Lawyer| date=Spring 2006}} Also published in [http://harvardllr.com Harvard Latino Law Review] {{webarchive|url=https://web.archive.org/web/20161110182645/http://harvardllr.com/ |date=November 10, 2016}}, Spring 2006.</ref> |
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<ref name="The New Americans: Economic, Demographic, and Fiscal Effects of Immigration">{{cite book | title=The New Americans: Economic, Demographic, and Fiscal Effects of Immigration | page=21 | url=http://books.nap.edu/openbook.php?record_id=5779&page=21 | publisher=The National Academies Press | year=1997| doi=10.17226/5779 | isbn=978-0-309-06356-2}}</ref> |
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<ref name="The Size and Characteristics of the Unauthorized Migrant Population in the US">{{cite web|url=http://pewhispanic.org/files/reports/61.pdf|title=The Size and Characteristics of the Unauthorized Migrant Population in the US|last=Passel|first=Jeffrey|date=March 7, 2006|publisher=Pew Hispanic Center|access-date=August 20, 2008|archive-url=https://web.archive.org/web/20080821230136/http://pewhispanic.org/files/reports/61.pdf|archive-date=August 21, 2008|url-status=dead}}</ref> |
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<ref name="time">Border Skirmish [http://www.time.com/time/magazine/article/0,9171,986881,00.html Time.com] {{webarchive|url=https://web.archive.org/web/20130721053900/http://www.time.com/time/magazine/article/0%2C9171%2C986881%2C00.html |date=July 21, 2013}}, August 25, 1997</ref> |
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<ref name="'Train of death' drives migrant American dreamers">{{cite news| url=http://cnn.com/2010/WORLD/americas/06/23/mexico.train.death/index.html | work=CNN | title='Train of death' drives migrant American dreamers | date=June 25, 2010}}</ref> |
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<ref name="typepad">{{cite web|work= Film in Current Affairs |url=http://lawprofessors.typepad.com/immigration/2010/05/acclaimed-political-documentary-series-how-democracy-works-now-announces-washington-dc-screenings.html |title=Immigrationprof Blog: Acclaimed Political Documentary Series 'How Democracy Works Now' Announces Washington D.C. Screenings |publisher=Lawprofessors.typepad.com |date=May 3, 2010 |access-date=September 22, 2011}}</ref> |
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<ref name="Uchitelle">{{cite news|url=https://www.nytimes.com/2007/02/18/weekinreview/18uchitelle.html|title=Nafta Should Have Stopped Illegal Immigration, Right?|author=Louis Uchitelle | author-link = Louis Uchitelle | work=The New York Times | date=February 18, 2007 | access-date=May 5, 2010}}</ref> |
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<ref name="usatoday">Immigration raid linked to ID theft, Chertoff says ([[USA Today]]) [https://www.usatoday.com/news/nation/2006-12-13-immigration_x.htm December 13, 2006.] {{webarchive |url=https://web.archive.org/web/20111025104529/http://www.usatoday.com/news/nation/2006-12-13-immigration_x.htm |date=October 25, 2011}} Because Swift uses a government Basic Pilot program to confirm whether Social Security numbers are valid, no charges were filed against Swift. Company officials have questioned the program's ability to detect when two people are using the same number.</ref> |
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<ref name="usatodaymexrepat">[https://www.usatoday.com/news/nation/2006-04-04-1930s-deportees-cover_x.htm U.S. urged to apologize for 1930s deportations] {{webarchive |url=https://web.archive.org/web/20120424173517/http://www.usatoday.com/news/nation/2006-04-04-1930s-deportees-cover_x.htm |date=April 24, 2012}} Wendy Koch, USA Today, May 4, 2006</ref> |
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<ref name="uscg">Posse Comitatus Act [http://webarchive.loc.gov/all/20011119100726/http://www.uscg.mil/hq/g-cp/comrel/factfile/factcards/possecomitatus.html Not Dated]</ref> |
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<ref name="washingtonpost">"Illegal Hiring is Rarely Penalized". ''The Washington Post'' [https://www.washingtonpost.com/wp-dyn/content/article/2006/06/18/AR2006061800613.html WashingtonPost.com] {{webarchive |url=https://web.archive.org/web/20161123235046/http://www.washingtonpost.com/wp-dyn/content/article/2006/06/18/AR2006061800613.html |date=November 23, 2016}}, June 19, 2006</ref> |
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<ref name="washingtonpost5">Wal-Mart to Pay $11 Million: Chain Settles Illegal-Worker Investigation [https://www.washingtonpost.com/wp-dyn/articles/A48612-2005Mar18.html WashingtonPost.com] {{webarchive |url=https://web.archive.org/web/20161204071003/http://www.washingtonpost.com/wp-dyn/articles/A48612-2005Mar18.html |date=December 4, 2016}}, March 19, 2005</ref> |
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<ref name="washingtonpost7">{{cite news | url=https://www.washingtonpost.com/wp-dyn/content/article/2005/07/25/AR2005072501605.html | title=$41 Billion Cost Projected To Remove Illegal Entrants | author=Darryl Fears | newspaper=[[Washington Times]] | date=July 26, 2005}}</ref> |
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<ref name="washingtonpost9">Bush Set To Send Guard to Border [https://www.washingtonpost.com/wp-dyn/content/article/2006/05/14/AR2006051400773.html WashingtonPost.com] {{webarchive |url=https://web.archive.org/web/20161207085853/http://www.washingtonpost.com/wp-dyn/content/article/2006/05/14/AR2006051400773.html |date=December 7, 2016}}, May 15, 2006</ref> |
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<ref name="wweek">{{cite news| title=He's an ... Illegal Eh-lien | author=Beth Slovic Bslovic | url=http://www.wweek.com/portland/article-8470-hes-an-illegal-eh-lien.html | date=February 20, 2008 | newspaper=[[Willamette Week]]}}</ref> |
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}} |
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==Further reading== |
==Further reading== |
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* Barkan, Elliott R. "Return of the Nativists? California Public Opinion and Immigration in the 1980s and 1990s." ''Social Science History'' 2003 27(2): 229-283. in Project Muse |
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* Brimelow, Peter; ''Alien Nation'' (1996) |
* Brimelow, Peter; ''Alien Nation'' (1996) |
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* {{cite journal |last1=Espenshade |first1=Thomas J |year=1995 |title=Unauthorized Immigration to the United States |journal=Annual Review of Sociology |volume=21 |pages=195–216 |doi=10.1146/annurev.soc.21.1.195 |pmid=12291061}} |
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* Cull, Nicholas J. and Carrasco, Davíd, ed. ''Alambrista and the US-Mexico Border: Film, Music, and Stories of Undocumented Immigrants'' U. of New Mexico Press, 2004. 225 pp. |
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* Inda, Jonathan Xavier. [https://www.academia.edu/417339/Targeting_Immigrants_Government_Technology_and_Ethics Targeting Immigrants: Government, Technology, and Ethics]. Malden, MA: Wiley-Blackwell, 2006. |
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* Thomas J. Espenshade; "Unauthorized Immigration to the United States" ''Annual Review of Sociology''. Volume: 21. 1995. pp 195+. |
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* Kalhan, Anil, ''[http://ssrn.com/abstract=1556867 Rethinking Immigration Detention]'', 110 Columbia Law Review Sidebar 42, 2010 |
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* Flores, William V. "New Citizens, New Rights: Undocumented Immigrants and Latino Cultural Citizenship" ''Latin American Perspectives'' 2003 30(2): 87-100 |
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* Kalhan, Anil, ''[http://ssrn.com/abstract=2316327 Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy]'', 74 Ohio State Law Journal 1105, 2013 |
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* Hanson, Victor David ''[[Mexifornia]]: A State of Becoming'' (2003) |
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* Lisa Magaña, ''Straddling the Border: Immigration Policy and the INS'' (2003 |
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* Mohl, Raymond A. "Latinization in the Heart of Dixie: Hispanics in Late-twentieth-century Alabama" ''Alabama Review'' 2002 55(4): 243-274. ISSN 0002-4341 |
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* Ngai, Mae M. ''Impossible Subjects: Illegal Aliens and the Making of Modern America'' (2004), |
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* Ngai, Mae M. "The Strange Career of the Illegal Alien: Immigration Restriction and Deportation Policy in the United States, 1921-1965" ''Law and History Review'' 2003 21(1): 69-107. ISSN 0738-2480 Fulltext in History Cooperative |
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==External links== |
==External links== |
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* [https://web.archive.org/web/20130218033713/http://www.causes.com/actions/1691880-lets-change-the-conversation-on-immigration "Let's change the conversation on immigration"], Pulitzer Prize winner [[Jose Antonio Vargas]] discusses "coming out" as an illegal immigrant |
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===News Coverage=== |
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{{Immigration to the United States}} |
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* [http://www.americas.org/item_21011 The History of Immigration], by Jorge Majfud |
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{{World topic|Illegal immigration to|title=Illegal immigration by country|noredlinks=yes}} |
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* [[Orange County Register]]: “ 'Visa overstayers' fuel illegal population” - April 5, 2006 [http://www.ocregister.com/ocregister/news/nationworld/article_1087193.php] |
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{{United States topics}} |
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* [[USA Today]]: Text of President Bush's Immigration Law Reform Speech on May 16, 2006 [http://www.usatoday.com/news/washington/2006-05-15-bush-speech-text_x.htm?csp=34] |
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* [[CNN]]: Reaction to Bush immigration speech - May 15, 2006 [http://www.cnn.com/2006/POLITICS/05/15/immigration.reax/index.html] |
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* [[Washington Post]]: “One Sheriff sees immigration answer as simple – May 20, 2006 [http://www.washingtonpost.com/wp-dyn/content/article/2006/05/19/AR2006051901856.html] |
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* [[Associated Press]]: “Ariz. Posse to Arrest Illegal Immigrants” –May 4, 2006 [http://www.breitbart.com/news/2006/05/04/D8HD8A9O0.html] |
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* [[NY Times]] “Arizona County Uses New Law to Look for Illegal Immigrants” –May 9, 2006 [http://www.nytimes.com/2006/05/10/us/10smuggle.html?ex=1304913600&en=d28539b33576bf6b&ei=5088&partner=rssnyt&emc=rss] |
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* ''[[City Journal (New York)|City Journal]]'' “How Unskilled Immigrants Hurt Our Economy” –no date [http://www.city-journal.org/html/16_3_immigrants_economy.html] A publication of [[Manhattan Institute]] |
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*[[KTRH News Radio]] “Video Sheds Light on Mexican Pledge Controversy” October 18, 2006 [http://www.ktrh.com/pages/newsarchive.html?feed=134584&article=1488088] |
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===Other Links=== |
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*Border Security: Fences Along the U.S. International Border[http://www.fas.org/sgp/crs/RS22026.pdf] a report of the [[Congressional Research Service]] (January 13, 2005) provided by the [[Federation of American Scientists]]. |
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* [http://video.google.com/videoplay?docid=4094926727128068265&hl=en Immigration by the Numbers (Google Video)] Roy Beck's celebrated demonstration of the population consequences of current U.S. immigration policies. |
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[[Category:Immigration law]] |
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[[Category:Immigration to the United States]] |
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[[Category:Crimes]] |
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[[Category:Legal categories of people]] |
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{{DEFAULTSORT:Illegal Immigration To The United States}} |
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[[es:Inmigración ilegal]] |
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[[Category:Illegal immigration to the United States| ]] |
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[[nl:Illegale immigratie naar de Verenigde Staten]] |
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[[Category:Articles containing video clips]] |
Latest revision as of 07:06, 22 December 2024
United States citizenship and immigration |
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Immigration |
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Illegal immigration, or unauthorized immigration, occurs when foreign nationals, known as aliens, violate US immigration laws by entering the United States unlawfully,[1][2] or by lawfully entering but then remaining after the expiration of their visas, parole or temporary protected status.
July 2024 data for border crossings showed the lowest level of border crossing since September 2020.[3] Between 2007 and 2018, visa overstays have accounted for a larger share of the growth in the illegal immigrant population than illegal border crossings,[4] which have declined considerably from 2000 to 2018.[5] In 2022, only 37% of illegal immigrants were from Mexico, the smallest share on record.[6] El Salvador, India, Guatemala and Honduras were the next four largest countries.[6] As of 2016, approximately two-thirds of illegal adult immigrants had lived in the US for at least a decade.[7] As of 2022, unauthorized immigrants made up 3.3% of the US population, though nearly one-third of those immigrants have temporary permission to be in the United States, such as those in Deferred Action for Childhood Arrivals.[6]
Opponents of illegal immigration worry about crime, as well as possible social and economic burdens caused by migration.[8] Opponents also insist immigrants enter the United States through a formal process and do not want to reward those bypassing the system.[9][10]
Research shows that illegal immigrants increase the size of the US economy, contribute to economic growth, enhance the welfare of natives, contribute more in tax revenue than they collect, reduce American firms' incentives to offshore jobs and import foreign-produced goods, and benefit consumers by reducing the prices of goods and services.[11][12][13][14] Economists estimate that legalization of the illegal immigrant population would increase the immigrants' earnings and consumption considerably, and increase US gross domestic product.[15][16][17][18] Most scientific studies have shown that illegal immigrants commit less crime than natives and legal immigrants.[19][20][21] Sanctuary cities—which adopt policies designed to avoid prosecuting people solely for being in the country illegally—have no statistically meaningful impact on crime.[22][23] Research suggests that immigration enforcement has no impact on crime rates.[22][24][25]
Definitions
The categories of foreign-born people in the United States are:
- US citizens born outside the United States who are naturalized or citizens by adoption[26]
- Foreign-born non-citizens with current status to reside and/or work in the US (documented)[27]
- Foreign-born non-citizens without current status to reside and/or work in the US (illegal)
- Foreign-born non-citizens who are prohibited from entry (illegal and also inadmissible)[28]
The latter two constitute illegal immigrants: as they have no legal documentation to entitle them to be in the US, they are also referred to as undocumented immigrants or undocumented Americans.[29][30]
History
Rigorous immigration controls were first enacted with the Page Act of 1875, banning Chinese women, and the Chinese Exclusion Act of 1882, expanded to all Chinese immigrants.[31]
Supreme Court decisions
Since the late 19th century, various Supreme Court rulings established the Constitutional rights of illegal immigrants. In Yick Wo v. Hopkins (1886), the court ruled that under the Fourteenth Amendment, all people, regardless of "race, of color, or of nationality" have the right to due process and equal protection under the law.[32] A similar ruling of Wong Wing v. US (1896) stated that all persons within the territory of the United States are afforded equal protections under the Fifth Amendment and Sixth Amendment.[33]
A 1904 court decision defined any alien as lacking Constitutional rights when not within the United States.[a]
Legislation
The Naturalization Act of 1906, required immigrants to learn English in order to become citizens. The Immigration Act of 1917 defined aliens with a long list of undesirables, including most Asians.[34] The US had otherwise nearly open borders until the early 20th century,[35][36][37] with only 1% rejected from 1890 to 1924, usually because they failed the mental or health exam.[38][39] While immigration laws during those years were loose, laws limiting naturalization to those of "white" and "African" meant many other immigrants had difficulty acquiring citizenship. These regulations immediately created problems of interpretation – the contentious question of who was and was not "white" vexed even the officials charged with enforcing the law and led to significant criticism. The Union of American Hebrew Congregations noted that under the standing interpretation that Turks, Syrians, Palestinians and Jews were not white, "even Jesus of Nazareth himself" would be excluded from citizenship. As a result, judges and immigration officials often admitted and naturalized technically ineligible people as a form of protest against the laws.[40][41]
The Immigration Act of 1924 established visa requirements and enacted quotas for immigrants from specific countries, especially with low quotas for Southern and Eastern Europeans.[38] Especially it affected Italians and Jews.[42] It also prohibited all Asians from immigrating.[43] By 1940, administrative and legislative action had loosened racial restrictions on naturalization of immigrants, including a ruling that Mexicans were considered white for immigration and naturalization purposes, and a law permitting the naturalization of "descendants of races indigenous to the Western Hemisphere."[41] The quotas were eased in the Immigration and Nationality Act of 1952.
The decisive opening came in 1965, a year after the Civil Rights Act of 1964 outlawed discrimination based on race or national origin.[44] The Immigration and Nationality Act of 1965 abolished the quota system. The 1965 Act also established several new limits to which immigrants would be admissible for permanent residence in the United States.[45] A 1990 act increased the annual immigrant limit to 675,000 per year.
In 1996, Congress debated two immigration bills, one focused on limiting legal immigration and another on illegal immigration.[46] The legal immigration reform bills failed to pass, while the illegal immigration bill was passed in the form of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. President Bill Clinton signed the Act into law and it became effective on April 1, 1997. The key components of the Act included increasing the number of border agents, increasing penalties on those who assisted illegal immigrants into the United States, creating a 10-year re-entry ban on those who had been deported after living in the US illegally for over one year, and expanding the list of crimes that any immigrant (regardless of legal status) could be deported for.
In February 2024 and again in May 2024, Republicans in the Senate blocked a border security bill Biden had pushed for to reduce the number of migrants who can claim asylum at the border and provide more money for Customs and Border Protection officials, asylum officers, immigration judges and scanning technology at the border.[47] It was negotiated in a bipartisan manner and initially looked like it had the votes to pass until Donald Trump opposed it, citing that it would boost Biden's reelection chances.[48][47][49] Five senators on the left voted against it for not providing enough relief for migrants already in the United States.[47]
Border controls
As early as 1904, mounted border watchmen were employed by the US Immigration Service to prevent illegal southern border crossings.[51] Texas Rangers were also often employed along the Texas border with Mexico.[52]
The US Border Patrol was also officially created in 1924, with its duties in 1925 broadened to include guarding the sea coast. Illegal entry into the United States became a particular problem during Prohibition, when bootleggers and smugglers would illegally enter the country to transport alcohol.[51]
The debate over illegal immigration has continued amongst the fear of potential terrorist attacks in the wake of the September 11 attacks in 2001 and the lack of an effective Mexico–United States barrier. President Donald Trump enacted a travel ban from seven Muslim-majority countries, which was struck down as unconstitutional and replaced by a narrower version drafted by the Justice Department, which Trump described as "watered down, politically correct" and which was subsequently upheld by the Supreme Court.[53] During his election campaign, Trump promised to make Mexico pay for a new border wall. The Mexican government refused to do so, and US taxpayers paid for the wall.[54] The federal government entered a partial shutdown from December 22, 2018, to January 25, 2019, in a standoff over Trump's demand for $5.7 billion in funding for the wall.[55]
US Marines scandal
In 2020, 24 US Marines were discharged after an investigation over their alleged involvement in drug crimes and a human smuggling operation along the US–Mexico border.[56] The investigation began when US Border Patrol agents arrested two marines for transporting three illegal Mexican immigrants on July 3, 2019.[57] A few weeks later 16 marines and a US Navy sailor were arrested on base during a battalion formation on July 25, 2019.[58][59] The last arrest occurred on December 2, 2019, when a marine was caught transporting two illegal Chinese immigrants near the border.[60]
The ring leader of the human smuggling operation was identified as Francisco Saul Rojas-Hernandez. Some of the marines in court said Francisco Saul Rojas-Hernandez would pay them $1,000 per person that they helped transport.[61][62] 8 marines plead guilty, however some of the marines had their charges dropped after a judge said that the arrest of the 16 marines in front of a battalion formation was a violation of their rights. The US Marine Corps still took administrative or judicial action against the 24 marines involved. According to 1st Lieutenant Cameron Edinburgh, one marine received a general discharge under honorable conditions, at least one marine received a dishonorable discharge, two received bad conduct discharges, and 19 received other than honorable discharges. The Navy sailor was also removed from service with a bad conduct discharge.[63]
Profile and demographics
This section needs to be updated. The reason given is: https://www.dhs.gov/sites/default/files/publications/immigration-statistics/Pop_Estimate/UnauthImmigrant/unauthorized_immigrant_population_estimates_2015_-_2018.pdf. (May 2024) |
In 2012, an estimated 14 million people live in families in which the head of household or the spouse is in the United States without authorization.[64] Illegal immigrants arriving recently before 2012 tend to be better educated than those who have been in the country a decade or more. A quarter of all immigrants who have arrived in recently before 2012 have at least some college education. Nonetheless, illegal immigrants as a group tend to be less educated than other sections of the US population: 49 percent have not completed high school, compared with 9 percent of native-born Americans and 25 percent of legal immigrants.[64] Illegal immigrants work in many sectors of the US economy. Illegal immigrants have lower incomes than both legal immigrants and native-born Americans, but earnings do increase somewhat the longer an individual is in the country.[64]
Breakdown by state
The following data table shows a spread of distribution of locations where illegal immigrants resided by state, as of 2021[update].[65]
State of residence | Estimated population, January 2021 | Percent of total |
---|---|---|
All states | 10,500,000 | 100 |
California | 1,850,000 | 18 |
Texas | 1,600,000 | 15 |
Florida | 900,000 | 9 |
New York | 600,000 | 6 |
New Jersey | 450,000 | 4 |
Illinois | 400,000 | 5 |
Georgia | 350,000 | 3 |
North Carolina | 325,000 | 3 |
Massachusetts | 300,000 | 3 |
Washington | 300,000 | 3 |
Other states | 3,425,000 | 31 |
Population
From 2005 to 2009, the number of people entering the US illegally every year declined from a yearly average of 850,000 in the early 2000s to 300,000 in 2009, according to the Pew Hispanic Center.[66] The most recent estimates put the number of illegal immigrants at 11 million in 2015, representing 3.4% of the total US population.[7] The population of illegal immigrants peaked in 2007, when it was estimated at 12.2 million and 4% of the total US population.[7][67] As of 2014, illegal immigrant adults had lived in the US for a median of 13.6 years, with approximately two-thirds having lived in the US for at least a decade.[7] Pew Research estimated in 2017 that there were over seven million illegal immigrants in the US workforce.[68]
Narrowing the discussion to only Mexican nationals, a 2015 study performed by demographers of the University of Texas at San Antonio and the University of New Hampshire found that immigration from Mexico; both legal and illegal, peaked in 2003 and that from the period between 2003 and 2007 to the period of 2008 to 2012, immigration from Mexico decreased 57%. The dean of the College of Public Policy of the University of Texas at San Antonio, Rogelio Saenz, states that lower birth rates and the growing economy in Mexico slowed emigration, creating more jobs for Mexicans. Saenz also states that Mexican immigrants are no longer coming to find jobs but to flee from violence, noting that the majority of those escaping crime "are far more likely to be naturalized US citizens".[69]
According to a 2017 National Bureau of Economic Research paper, "The number of undocumented immigrants has declined in absolute terms, while the overall population of low-skilled, foreign-born workers has remained stable. ... because major source countries for US immigration are now seeing and will continue to see weak growth of the labor supply relative to the United States, future immigration rates of young, low-skilled workers appear unlikely to rebound, whether or not US immigration policies tighten further."[70]
Children
The Pew Hispanic Center determined that according to an analysis of Census Bureau data about 8 percent of children born in the United States in 2008—about 340,000—were offspring of illegal immigrants. (The report classifies a child as offspring of illegal immigrants if either parent is unauthorized.) In total, 4 million US-born children of illegal immigrant parents resided in the country in 2009.[71] These infants are, according to the longstanding administrative interpretation of the Fourteenth Amendment to the United States Constitution, United States citizens from birth. Congress has never legislated, nor the Supreme Court specifically ruled on whether babies born to visiting foreign nationals are eligible for automatic US Citizenship. These children are sometimes referred to as anchor babies because of the belief that the mother gave birth in the United States as a way to anchor their family in the US. The provisions of the 1996 immigration law mean that an undocumented parent of a citizen child who entered the country without permission ("illegal entry") would need to leave the United States and wait a number of years before they would be able to apply for a visa to return to the US or gain legal residency on the basis of family reunification, while undocumented parents who legally entered the United States (for example overstaying a visa) can in some cases be sponsored by their adult citizen child for legal residency without necessarily having to leave the country. Additionally, households headed by an undocumented parent are not eligible for many public assistance programs (ex. not eligible for TANF or temporary cash assistance to families with children in extreme poverty, "Obamacare" subsidies for health insurance or expanded Medicaid to working-age low-income adults, public housing, Section 8 housing voucher program) regardless of whether their child is a United States citizen or not, with some exceptions (Medicaid/SCHIP for the US citizen child, SNAP/"foodstamps" on behalf of a US citizen child, the temporarily expanded child-tax credit in 2021–2022, as well as some state and city programs specifically designed to include undocumented residents and their families) [72]
Organized migrant caravans
For several years, Pueblo Sin Fronteras, which means "People Without Borders" has organized an annual part-protest, part-mass migration march, from Honduras, through Mexico, to the United States border, where asylum in the United States is requested.[73] In April 2018, the annual "Stations of the Cross Caravan" saw 1,000 Central Americans trying to reach the United States, prompting President Trump to deem it a threat to national security and announce plans to send the national guard to protect the US border.[74] In October 2018, a second caravan of the year left the city of San Pedro Sula the day after US vice-president, Mike Pence, urged the presidents of Honduras, El Salvador and Guatemala to persuade their citizens to stay home.[75]
2011–2016 surge in unaccompanied minors from Central America
Over the period 2011–2016, US Border Patrol apprehended 178,825 unaccompanied minors from El Salvador, Honduras, and Guatemala.[76] The provisions of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, which specifies safe repatriation of unaccompanied children (other than those trafficked for sex or forced labor) from countries which do not have a common border with the United States, such as the nations of Central America other than Mexico, made expeditious deportation of the large number of children from Central America who came to the United States in 2014 difficult and expensive, prompting a call by President Barack Obama for an emergency appropriation of $4 billion[77] and resulting in discussions by the Department of Justice and Congress of how to interpret or revise the law in order to expedite handling large numbers of children under the act.[78]
A 2016 study found that Deferred Action for Childhood Arrivals (DACA), which allows illegal immigrants who migrated to the United States before their 16th birthday and prior to June 2007 to temporarily stay, did not significantly impact the number of apprehensions of unaccompanied minors from Central America.[79] Rather, the study stated, "the 2008 Williams Wilberforce Trafficking Victims Protection Reauthorization Act, along with violence in the originating countries and economic conditions in both the countries of origin and the United States, emerge as some of the key determinants of the recent surge in unaccompanied minors apprehended along the southwest US–Mexico border."[79] According to a 2015 report by the Government Accountability Office, the primary drivers of the surge "were crime and lack of economic opportunity at home. Other reasons included education concerns, desire to rejoin family and aggressive recruiting by smugglers."[80] A 2017 Center for Global Development study stated that violence was the primary driver behind the surge in unaccompanied Central American minors to the United States: an additional 10 homicides in Central America made 6 unaccompanied children flee to the US.[81] The widespread promulgation of false "permiso" rumors by human smugglers, as well as migrant perception of the Obama administration's immigration policies, also played a part in the increase.[82][83]
2018 family separation policy
In April 2018, then-attorney general of the Trump administration Jeff Sessions announced a family separation policy regarding migrants crossing the US southern border without a visa. Migrants and accompanying family members who had entered the country who were alleged to have entered illegally and were apprehended or turned themselves in to Border Control agents were charged with criminal entry. If these family units had children, they were separated, with adults placed in detention centers to await immigration proceedings and the children in separate facilities or with a relative already in the US.[84][85] There was widespread condemnation of this policy including that of notable evangelical Christian leaders such as Franklin Graham.[86][87]
Countries of origin
According to the US Department of Homeland Security, the countries of origin for the largest numbers of illegal immigrants are as follows (as of 2014):[88]
Country of origin | Raw number | Percent of total |
---|---|---|
Mexico | 6,640,000 | 55 |
El Salvador | 700,000 | 6 |
Guatemala | 640,000 | 5 |
India | 430,000 | 4 |
Honduras | 400,000 | 3 |
Philippines | 360,000 | 3 |
China | 270,000 | 2 |
Korea | 250,000 | 2 |
Vietnam | 200,000 | 2 |
Dominican Republic | 180,000 | 1 |
Other | 2,050,000 | 17 |
According to the Migration Policy Institute, Mexicans represented 53% of the illegal immigrant population.[89] The next largest percentages were from Asia (16%), El Salvador (6%), and Guatemala (5%).
The Urban Institute also estimates "between 65,000 and 75,000 Canadians currently live illegally in the United States."[90]
Trends
In 2017, illegal border crossing arrests hit a 46-year low, and were down 25% from the previous year.[92] NPR stated that immigrants may be less likely to attempt to enter the US illegally because of President Trump's stance on illegal immigration.[93][94] The majority of illegal immigrants come from Mexico. Studies have shown that 40 million foreign born residents live in the US 11.7 million of that population is illegal.[95] During the 1950s, there were 45,000 documented immigrants from Central America. In the 1960s, this number more than doubled to 100,000. In the decade after, it increased to 134,000.[96] In 2019, after being threatened with punitive tariffs, Mexico agreed to a deal with the US to better stem the flow of migrants passing through the country to enter the US.[97] In September 2019, Mexican foreign minister Marcelo Ebrard stated that immigration to the U.S. through Mexico has decreased significantly, and that this trend is "irreversible. ... It is something that we think will be permanent."[98]
Illegal entry
There are an estimated half million illegal entries into the United States each year.[99][100][obsolete source] The Pew Hispanic Center estimated that 6–7 million immigrants came to the United States via illegal entry (the rest entering via legal visas allowing a limited stay, but then not leaving when their visa period ended).[99] Illegal border crossings declined considerably from 2000, when 71,000–220,000 migrants were apprehended each month, to 2018 when 20,000–40,000 migrants were apprehended.[5] On October 31, 2023, Homeland Security Secretary Alejandro Mayorkas testified before the Senate Homeland Security Committee, saying that more than 600,000 people illegally made their way into the United States without being apprehended by border agents during the 2023 fiscal year.[101]
A common means of border crossing is to hire people smugglers to help them across the border. Those operating on the US–Mexico border are known informally as coyotajes (coyotes), and are often part of extensive criminal networks throughout Mexico.[100] Criminal gangs smuggling illegal immigrants from China are known as snakeheads, and charge as much as US$70,000 per person, which immigrants often promise to pay with money they hope to earn in the United States.[102][103]
At the border, US Customs and Border Protection either takes migrants into custody or releases them into the country.[104] The term "gotaway" is defined by the Department of Homeland Security as "a person who is not turned back or apprehended after making an illegal entry" along a US border. A "gotaway" is recorded when cameras or sensors detect migrants crossing the border, but no one is found, or agents are not available to respond. An unknown number of migrants also escape detection entirely.[105]
Visa overstay
A tourist or traveler is considered a "visa overstay" once he or she remains in the United States after the time of admission has expired. The time of admission varies greatly from traveler to traveler depending on the visa class into which they were admitted. According to Pew, between 4 and 5.5 million foreigners entered the United States with a legal visa, accounting for between 33 and 48% of the total unauthorized migrant population.[99] Visa overstays tend to be somewhat more educated and better off financially than those who entered the country illegally.[106] In most instances, overstaying a visa is a civil "wrong" and not necessarily a crime, though the person is still subject to deportation for unlawful presence.[107]
To help track visa overstayers the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program collects and retains biographic, travel, and biometric information, such as photographs and fingerprints, of foreign nationals seeking entry into the United States. It also requires electronic readable passports containing this information.
Visa overstayers mostly enter with tourist or business visas.[99] In 1994, more than half[108] of illegal immigrants were Visa overstayers whereas in 2006, about 45% of illegal immigrants were Visa overstayers.[109]
Those who leave the United States after overstaying their visa for more than 180 days but less than one year, leave and then attempt to apply for readmission will face a three-year ban which will not allow them to re-enter the US for that period. Those who leave the United States after overstaying their visa for a period of one year or longer, leave and then attempt to apply for readmission will face a ten-year ban.[110]
Border Crossing Card violation
A smaller number of illegal immigrants entered the United States legally using the Border Crossing Card, a card that authorizes border crossings into the US for a set amount of time. Border Crossing Card entry accounts for the vast majority of all registered non-immigrant entry into the United States—148 million out of 179 million total—but there is little hard data as to how much of the illegal immigrant population entered in this way. The Pew Hispanic Center estimates the number at around 250,000–500,000.[99]
In the workforce
Illegal immigrants within the workforce are extremely vulnerable due to their status. Being illegal makes these individuals susceptible to exploitation by employers as they are more willing to work through bad conditions and low income jobs—consequently making themselves vulnerable to abuse.[111] Most illegal migrants end up being hired by US employers who exploit the low-wage market produced through immigration. Typical jobs include: janitorial services, clothing production, and household work.[111]
Many illegal Latin American immigrants are inclined to the labor market because of the constraints they have with their job opportunities. This consequently forms an informal sector within the labor market. As a result, this attachment formulates an ethnic identity for this sector.[111]
Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) in 1996. This prevented federal, state, and local public benefits from flowing to illegal immigrants. It also required federal and state agencies to disclose if someone was illegal. Additionally, PRWORA prohibited states from giving professional licenses to those illegal.[112] Though PRWORA prevents public benefits from flowing to illegal immigrants, there are exceptions. Illegal immigrants are still entitled to medical assistance, immunizations, disaster relief, and K-12 education. Despite this, federal law still requires local and state governments to deny benefits to those illegal.[112] The implementation of PRWORA demonstrated the shift towards personal responsibility over "public dependency."[113] There were about eight million illegally present workers in the United States in 2010. These workers were 5% of America's workforce.[112]
Causes
There are however numerous incentives which draw foreigners to the US. Most illegal immigrants who come to America come for better opportunities for employment, a greater degree of freedom, avoidance of political oppression, freedom from violence, famine, and family reunification.[114][115][81][116][117]
International polls by Gallup in 2021 found that the US remained the most-desired destination country for potential migrants worldwide, followed by Canada and Germany.[118]
Causes by region
In general, illegal immigrants from Mexico and Central America come to the US as they flee from insecurity and violence in their own country (i.e. kidnappings, rape or forced recruitment in gangs),[119][120] or in search for better economic opportunities.[121] Political corruption, failed institutions, and extortion by gangs contribute contribute to this weak economy and lack of opportunity.[120]
Economic incentives
Economic reasons are one motivation for people to illegally immigrate to the United States.[122][123] United States employers hire illegal immigrants at wages substantially higher than they could earn in their native countries.[122] A study of illegal immigrants from Mexico in the 1978 harvest season in Oregon showed that they earned six times what they could have earned in Mexico, and even after deducting the costs of the seasonal migration and the additional expense of living in the United States, their net US earnings were three times their Mexican alternative.[123] In the 1960s and early 70s, Mexico's high fertility rate caused a large increase in population. While Mexican population growth has slowed, the large numbers of people born in the 1960s and 70s are now of working age looking for jobs.[123]
According to Judith Gans of the University of Arizona, United States employers are pushed to hire illegal immigrants for three main reasons:[122]
- Global economic change. Global economic change is one cause for illegal immigration because information and transportation technologies now foster internationalized production, distribution and consumption, and labor. This has encouraged many countries to open their economies to outside investment, then increasing the number of low-skilled workers participating in global labor markets and making low-skilled labor markets all more competitive. This and the fact that developed countries have shifted from manufacturing to knowledge-based economies, have realigned economic activity around the world. Labor has become more international as individuals immigrate seeking work, despite governmental attempts to control this migration. Because the United States education system creates relatively few people who either lack a high school diploma or who hold PhDs, there is a shortage of workers needed to fulfill seasonal low-skilled jobs as well as certain high-skilled jobs. To fill these gaps, the United States immigration system attempts to compensate for these shortages by providing for temporary immigration by farm workers and seasonal low-skilled workers, and for permanent immigration by high-skilled workers.
- A lack of legal immigration channels.
- The ineffectiveness of current employer sanctions for illegal hiring. This allows immigrants who are in the country illegally to easily find jobs. There are three reasons for this ineffectiveness—the absence of reliable mechanisms for verifying employment eligibility, inadequate funding of interior immigration enforcement, and the absence of political will due to labor needs to the United States economy. For example, it is unlawful to knowingly hire an illegal immigrant, but according to Judith Gans, there are no reliable mechanisms in place for employers to verify that the immigrants' papers are authentic.
Another reason for the large numbers of illegal immigrants present in the United States is the termination of the Bracero Program. This bi-national program between the US and Mexico existed from 1942 to 1964 to supply qualified Mexican laborers as guest workers to harvest fruits and vegetables in the United States. During World War II, the program benefited the US war effort by replacing citizens' labor in agriculture to serve as soldiers overseas. The program was designed to provide legal flows of qualified laborers to the US Many Mexicans deemed unqualified for the program nonetheless immigrated illegally to the United States to work. In doing that they broke both US and Mexican law.[124] Many workers that took advantage of the program became illegal residents, as they still had incentives to stay in the US despite the fact that they were breaking the law. Although the bracero program had ended, the period still saw a massive spike in migrant population in the US.[125]
Channels for legal immigration
The United States immigration system provides channels for legal, permanent economic immigration, especially for high-skilled workers. For low-skilled workers, temporary or seasonal legal immigration is easier to acquire.[122] The United States immigration system rests on three pillars: family reunification, provision of scarce labor (as in agricultural and specific high-skilled worker sectors), and protecting American workers from competition with foreign workers.[122] The current system sets an overall limit of 675,000 permanent immigrants each year; this limit does not apply to spouses, unmarried minor children or parents of US citizens.[126] Outside of this number for permanent immigrants, 480,000 visas are allotted for those under the family-preference rules and 140,000 are allocated for employment-related preferences.[126] The current system and low number of visas available make it difficult for low-skilled workers to legally and permanently enter the country to work, so illegal entry becomes the way immigrants respond to the lure of jobs with higher wages than what they would be able to find in their current country.[122]
Family reunification
According to demographer Jeffery Passel of the Pew Hispanic Center, the flow of Mexicans to the US has produced a "network effect"—furthering immigration as Mexicans moved to join relatives already in the US.[127]
Further incentives
Lower costs of transportation, communication and information has facilitated illegal immigration. Mexican nationals, in particular, have a very low financial cost of immigration and can easily cross the border. Even if it requires more than one attempt, they have a very low probability of being detected and then deported once they have entered the country.[123] A 2016 research paper published in the American Journal of Sociology hypothesized that border militarization, which took place between 1986 and 2008, in the United States had the unintended consequence of increasing illegal immigration to the United States, as temporary undocumented immigrants who entered the United States seasonally for work opted to stay permanently in the United States and bring their families once it became harder to move across the border regularly.[128]
Mexican federal and state government assistance
This section needs to be updated.(August 2024) |
The US Department of Homeland Security and some advocacy groups have criticized a program of the government of the state of Yucatán and that of a federal Mexican agency directed to Mexicans migrating to and residing in the United States. They state that the assistance includes advice on how to get across the US border illegally, where to find healthcare, enroll their children in public schools, and send money to Mexico. The Mexican federal government also issues identity cards to Mexicans living outside of Mexico.[129]
- In 2005, the government of Yucatán produced a handbook and DVD about the risks and implications of crossing the US–Mexico border. The guide told immigrants where to find health care, how to get their kids into U.S. schools, and how to send money home. Officials in Yucatán said the guide is a necessity to save lives, but some American groups accused the government of encouraging illegal immigration.[130]
- In 2005, the Mexican government was criticized for distributing a comic book which offers tips to illegal emigrants to the United States.[131] That comic book recommends to illegal immigrants, once they have safely crossed the border, "Don't call attention to yourself. ... Avoid loud parties. ... Don't become involved in fights." The Mexican government defends the guide as an attempt to save lives. "It's kind of like illegal immigration for dummies," said the executive director of the Center for Immigration Studies in Washington, Mark Krikorian. "Promoting safe illegal immigration is not the same as arguing against it". The comic book does state on its last page that the Mexican Government does not promote illegal crossing at all and only encourages visits to the US with all required documentation.[131]
Legal issues
Aliens can be classified as unlawfully present for one of three reasons: entering without authorization or inspection, staying beyond the authorized period after legal entry, or violating the terms of legal entry.[132]
Improper entry
Section 1325 in Title 8 of the United States Code, "Improper entry of alien", provides for a fine, imprisonment, or both for any non-citizen who:[133]
- enters or attempts to enter the United States at any time or place other than as designated by immigration agents, or
- eludes examination or inspection by immigration agents, or
- attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact.
Section "1325(a) is a regulatory offense, and thus knowledge of alienage is not an element."[1] The maximum prison term is 6 months for the first offense with a misdemeanor and 2 years for any subsequent offense with a felony. In addition to the above criminal fines and penalties, civil fines may also be imposed. Sections 1325(a) and 1326(a), however, do "not apply to an alien whom the Attorney General admits to the United States under section 1157 of this title."[2]
Visa overstay
Unlike illegal entry (which is a criminal offense in the United States), it is not a criminal offense for an alien to enter the United States legally and then overstay his or her visa.[134] A visa overstay is a civil violation dealt with through proceedings in immigration court.[134] A 2006 Pew Hispanic Center study showed that some 45% of unauthorized migrants entered the US legally and then remained in the US without authorization following the expiration of their visa.[135] A person who overstays a visa is subject only to the civil penalties of deportation or removal and restrictions for future applications for another US visa; under provisions of Section 212 of the Immigration and Nationality Act, as amended by 1996 legislation, an alien who "voluntarily departs the United States after being unlawfully present for more than 180 consecutive days but less than 1 year" is subject to a three-year bar to readmission to the United States, and an alien who "departs (voluntarily or involuntarily) the United States after being unlawfully present for 1 consecutive year or more" is subject to a ten-year bar to readmission to the United States.[136]
Since 2007, visa overstays have accounted for a larger share of the growth in the illegal immigrant population than illegal border crossings.[4] In 2019, a Center for Migration Studies of New York study found that for the seventh consecutive year, the number of visa overstays significantly surpassed the number of unauthorized border crossings; "from 2016-2017, people who overstayed their visas accounted for 62 percent of the newly undocumented, while 38 percent had crossed a border illegally."[137] Some visa overstays occur unwittingly or inadvertently.[138] In other cases, visa-holders enter the United States without the intention to do so, but ultimately decide to do so due to extenuating circumstances, such as dangers in their home countries.[139]
Federal versus state role
The federal government has primary responsibility for immigration enforcement in the United States.[140][141]
Assistance from state and local police for immigration enforcement has been controversial and legally complicated in various ways. In jurisdictions with majority support for strong immigration enforcement, state and local police often cooperate with federal officials. Some state governments have declared federal enforcement activities insufficient, and attempted to prevent illegal immigration through state law and police. In some jurisdictions where majorities feel federal immigration restrictions are unjust or enforcement actions too harsh, state and local police are prohibited from voluntary cooperation with immigration enforcement agencies. This may include information sharing or acting on ICE detainers. Some jurisdictions prohibit asking about or checking the immigration status of victims, witnesses, or perpetrators, with the goal of encouraging undocumented residents to report crimes without fear of disproportionate consequences or being deported themselves. Many of these have declared themselves sanctuary cities or states.
States have considerable power to make legal residency status a requirement for employment and state services including social safety net programs and higher education. The 1982 US Supreme Court decision Plyler v. Doe ruled that K-12 students cannot be denied an education on the basis of immigration status. Whether or not to issue driver's licenses for illegal immigrants became a high-profile political issue in the 21st century.
In April 2010, Arizona passed SB 1070, at the time the broadest and strictest anti-illegal immigration bill in the United States.[142] and was challenged by the Department of Justice as encroaching on powers reserved by the United States Constitution to the Federal Government.[142] In July 2010, a federal district court issued a preliminary injunction affecting the most controversial parts of the law, including the section that required police officers to check a person's immigration status after a person had been involved in another act or situation which resulted in police activity.[143] The case came to the Supreme Court of the United States in Arizona v. United States (2012). The Court unanimously sustained the law's central and most controversial requirement, requiring state law enforcement officials "to determine the immigration status of anyone they stop or arrest if they have reason to suspect that the individual might be in the country illegally"—a clause called the "show me your papers" provision by opponents.[144] The Court, however, indicated that future legal challenges to the provision could still be pursued based on, for example, allegations of racial profiling in the use of the clause.[144] The Court also struck down as unconstitutional, by a 5–3 vote, provisions of the Arizona law making it a criminal offense for illegal immigrants to work or seek employment and permitting police to make warrantless arrests if they had probable cause to believe that the arrestee had done an act that would render him or her deportable under federal law"; and struck down as unconstitutional, by a 6–2 vote, a clause of the Arizona law that made it a state crime for immigrants to fail to register with the federal government.[144]
In 2016, Arizona reached a settlement with a number of immigrants rights organizations, including the National Immigration Law Center, overturning the part of the law providing for police to demand papers from persons they suspected of being illegally present in the United States. The practice had led to racial profiling of Latinos and other minorities.[145] The Los Angeles Times reported that the settlement "pulls the last set of teeth from what was once the nation's most fearsome immigration law."[145]
States do have the police power to control movement across their borders and set up border checkpoints, as with weigh stations, California Border Protection Stations, and highway checkpoints set up during the COVID-19 pandemic in Rhode Island. Texas governor Greg Abbott used this power in various ways under Operation Lone Star, targeting illegal entries across the Mexico border. Texas authorities have arrested undocumented migrants on state charges for offenses such as criminal trespass on private land and human smuggling. They began building or enhancing border walls and other physical deterrents, sometimes with negative consequences for migrant safety or the environment, which generated lawsuits. In April 2022, Abbott ordered state authorities to inspect commercial vehicles entering from Mexico (which had already passed US customs inspection) for illegal cargo and passengers. This caused massive traffic backups and had to be abandoned shortly thereafter, without having made any seizures or arrests.[146][147] A standoff at Eagle Pass began in January 2024 when the governor ordered the Texas National Guard seized control of a park and refused entry to federal border control agents. Abbott and Arizona governor Doug Ducey have arranged for buses to transport migrants released from federal custody to pro-sanctuary cities or even the homes of prominent liberal politicians, without coordinating with local officials and sometimes overwhelming local support services. (At times, federal, state, and private facilities along the southern border have also become overwhelmed.) Florida governor Ron DeSantis even once arranged to airlift of migrants to Martha's Vineyard, a wealthy island in liberal Massachusetts.
Employment
Illegal immigrants are generally not allowed to receive state or local public benefits, which includes professional licenses.[148] However, in 2013 the California State Legislature passed laws allowing illegal immigrants to obtain professional licenses. On February 1, 2014. Sergio C. Garcia became the first illegal immigrant to be admitted to the State Bar of California since 2008, when applicants were first required to list citizenship status on bar applications.[149]
E-Verify
E-Verify is a United States Department of Homeland Security (DHS) website that allows businesses to determine the eligibility of their employees, both US and foreign citizens, to work in the United States. No federal law mandates use of E-Verify.
Research shows that E-Verify harms the labor market outcomes of illegal immigrants and improves the labor market outcomes of Mexican legal immigrants and US-born Hispanics, but has no impact on labor market outcomes for non-Hispanic Americans.[151] A 2016 study suggests that E-Verify reduces the number of illegal immigrants in states that have mandated use of E-Verify for all employers, and further notes that the program may deter illegal immigration to the United States in general.
Apprehension
Federal law enforcement agencies, specifically US Immigration and Customs Enforcement (ICE), the United States Border Patrol (USBP), and US Customs and Border Protection (CBP), enforce the Immigration and Nationality Act of 1952 (INA), and to some extent, the United States Armed Forces, state and local law enforcement agencies, and civilians and civilian groups guard the border.
At workplace
Before 2007, immigration authorities alerted employers of mismatches between reported employees' Social Security cards and the actual names of the card holders. In September 2007, a federal judge halted this practice of alerting employers of card mismatches.[152]
At times illegal hiring has not been prosecuted aggressively: between 1999 and 2003, according to The Washington Post, "work-site enforcement operations were scaled back 95 percent by the Immigration and Naturalization Service.[153] Major employers of illegal immigrants have included:
- Wal-Mart: In 2005, Wal-Mart agreed to pay $11 million to settle a federal investigation that found hundreds of illegal immigrants were hired by Wal-Mart's cleaning contractors.[154]
- Swift & Co.: In December 2006, in the largest such crackdown in American history, US federal immigration authorities raided Swift & Co. meat-processing plants in six US states, arresting about 1,300 illegal immigrant employees.[155]
- Tyson Foods: This company was accused of actively importing illegal labor for its chicken packing plants; at trial, however, the jury acquitted the company after evidence was presented that Tyson went beyond mandated government requirements in demanding documentation for its employees.[156]
- Gebbers Farms: In December 2009, US immigration authorities forced this Brewster, Washington, farm known for its fruit orchards to fire more than 500 illegal workers, mostly immigrants from Mexico. Some were working with false social security cards and other false identification.[157]
Detention
About 31,000 people who are not US citizens are held in immigration detention on any given day,[158] including children, in over 200 detention centers, jails, and prisons nationwide.[159] The United States government held more than 300,000 people in immigration detention in 2007 while deciding whether to deport them.[160]
Deportation
Deportations of immigrants, which are also referred to as removals, may be issued when immigrants are found to be in violation of US immigration laws. Deportations may be imposed on a person who is neither native-born nor a naturalized citizen of the United States.[163] Deportation proceedings are also referred to as removal proceedings and are typically initiated by the Department of Homeland Security. The United States issues deportations for various reasons which include security, protection of resources, and protection of jobs.
Deportations from the United States increased by more than 60 percent from 2003 to 2008, with Mexicans accounting for nearly two-thirds of those deported.[164] Under the Obama administration, deportations have increased to record levels beyond the level reached by the George W. Bush administration with a projected 400,000 deportations in 2010, 10 percent above the deportation rate of 2008 and 25 percent above 2007.[165] Fiscal year 2011 saw 396,906 deportations, the largest number in the history of US Immigration and Customs Enforcement; of those, about 55% had been convicted of crimes or misdemeanors, including: 44,653 convicted of drug-related crimes, 35,927 convicted of driving under the influence, 5,848 convicted of sexual offenses, and 1,119 convicted of homicide.[166]
By the end of 2012, as many people had been deported during the first four years of the Obama presidency as were deported during the eight-year presidency of George W. Bush;[168] the number of deportations under Obama totalled 2.5 million by the end of 2015.[169]
The AEDPA and IIRIRA Acts of 1996
Two major pieces of legislation passed in 1996 had a significant effect on illegal immigration and deportations in the United States: the Antiterrorism and Effective Death Penalty Act (AEDPA) and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). These were introduced following the 1993 World Trade Center bombing and the 1995 Oklahoma City bombing, both of which were terrorist attacks that claimed American lives. These two acts changed the way criminal cases of lawful permanent residents were handled, resulting in increased deportations from the United States.[170] Before the 1996 deportation laws, there were two steps that lawful permanent noncitizen residents who were convicted of crimes went through. The first step determined whether or not the person was deportable. The second step determined if that person should or should not be deported. Before the 1996 deportation laws, the second step prevented many permanent residents from being deported by allowing for their cases to be reviewed in full before issuing deportations. External factors were taken into consideration such as the effect deportation would have on a person's family members and a person's connections with their country of origin. Under this system permanent residents were able to be relieved of deportation if their situation deemed it unnecessary. The 1996 laws however issued many deportations under the first step, without going through the second step, resulting in a great increase in deportations.[citation needed]
One significant change that resulted from the new laws was the definition of the term aggravated felony. Being convicted of a crime that is categorized as an aggravated felony results in mandatory detention and deportation. The new definition of aggravated felony includes crimes such as shoplifting, which would be a misdemeanor in many states. The new laws have categorized a much wider range of crimes as aggravated felonies. The effect of this has been a large increase in permanent residents facing mandatory deportation from the United States without the opportunity to plea for relief. The 1996 deportation laws have received a lot of criticism for their curtailing of residents' rights.[170]
The USA Patriot Act
The USA Patriot Act was passed seven weeks after the terrorist attacks of September 11, 2001. The purpose of the act was to give the government more power to act upon suspicion of terrorist activity. The new governmental powers granted by this act included a significant expansion of the conditions in which illegal immigrants could be deported based on suspicion of terrorist activity. The act gave the government the power to deport individuals based not only on plots or acts of terrorism, but on affiliations with certain organizations. The Secretary of State designated specific organizations foreign terrorist organizations before the USA Patriot Act was implemented. Organizations on this list were deemed dangerous because they were actively involved in terrorist activity. The Patriot Act created a type of organization called designated organizations. The Secretary of State and Attorney General were given the power to designate any organization that supported terrorist activity on any level. The act also allows for deportation based on involvement in undesignated organizations that were deemed suspicious.[171]
Under the USA Patriot Act the Attorney General was granted the power to "certify" illegal immigrants that pose a threat to national security. Once an illegal immigrant is certified they must be taken into custody and face mandatory detention which will result in a criminal charge or release. The Patriot Act has been criticized for violating the Fifth Amendment right to due process. Under the Patriot Act, an illegal immigrant is not granted the opportunity for a hearing before given certification.[172]
Complications of birthright citizen children and illegal immigrant parents
Complications in deportation efforts ensue when parents are illegal immigrants, but their children are birthright citizens. Federal appellate courts have upheld the refusal by the Immigration and Naturalization Service to stay the deportation of illegal immigrants merely on the grounds that they have US-citizen, minor children.[173] As of 2005, there were some 3.1 million United States citizen children living in families in which the head of the family or a spouse was an illegal immigrant;[174] at least 13,000 children had one or both parents deported in the years 2005–2007.[174][failed verification]
DREAM Act
The DREAM Act (acronym for Development, Relief, and Education for Alien Minors) was an American legislative proposal for a multi-phase process for illegal immigrants in the United States that would first grant conditional residency and upon meeting further qualifications, permanent residency. The bill was first introduced in the Senate on August 1, 2001, and has since been reintroduced several times but did not pass. It was intended to stop the deportation of people who had arrived as children and had grown up in the US. The Act would give lawful permanent residency under certain conditions which include: good moral character, enrollment in a secondary or post-secondary education program, and having lived in the United States at least 5 years. Those in opposition of the DREAM Act believe that it encourages illegal immigration.[175]
Although the DREAM Act has not been enacted by federal legislation, a number of its provisions were implemented by a memorandum issued by Janet Napolitano of the Department of Homeland Security during the Obama administration. To be eligible for Deferred Action for Childhood Arrivals (DACA), one must show that they were under 31 years of age as of June 15, 2012[update]; that they came to the United States before their 16th birthday; that they have continuously resided in the United States from June 15, 2007, until the present; that they were physically present in the United States on June 15, 2012, and at the time they applied for DACA; that they were not authorized to be in the United States on June 15, 2012; that they are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and that they have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.[176]
Deportation trends
There have been two major periods of mass deportations in US history. In the Mexican Repatriation of the 1930s, through mass deportations and forced migration, an estimated 500,000 Mexicans and Mexican Americans were deported or coerced into emigrating, in what Mae Ngai, an immigration historian at the University of Chicago, has described as "a racial removal program".[177] The majority of those removed were US citizens.[177] Rep. Luis Gutierrez, D-Ill., cosponsor of a US House Bill that calls for a commission to study the "deportation and coerced emigration" of US citizens and legal residents, has expressed concerns that history could repeat itself, and that should illegal immigration be made into a felony, this could prompt a "massive deportation of US citizens".[177]
In Operation Wetback in 1954, the United States and the Mexican governments cooperated to deport illegal immigrant Mexicans in the US to Mexico. This cooperation was part of more harmonious Mexico–United States relations starting in World War II. Joint border policing operations were established in the 1940s when the Bracero Program (1942–1964) brought qualified Mexicans to the US as guest workers. Many Mexicans who did not qualify for the program migrated illegally. According to Mexican law, Mexican workers needed authorization to accept employment in the US. As Mexico industrialized post-World War II in what was called the Mexican Miracle, Mexico wanted to preserve "one of its greatest natural resources, a cheap and flexible labor supply."[178] Some illegal immigrants, in some cases along with their US born children (who are citizens according to US law),[179] fearful of potential violence as police swarmed through Mexican American barrios throughout the southeastern states, stopping "Mexican-looking" citizens on the street and asking for identification, fled to Mexico.[179]
In 1986, President Ronald Reagan signed the Immigration Reform and Control Act that gave amnesty to 3 million illegal immigrants in the country.[180]
A direct effect of the deportation laws of 1996 and the Patriot Act has been a dramatic increase in deportations. Prior to these acts deportations had remained at about an average of 20,000 per year. Between 1990 and 1995 deportations had increased to about an average of 40,000 a year. From 1996 to 2005 the yearly average had increased to over 180,000. In the year 2005 the number of deportations reached 208,521 with less than half being deported under criminal grounds.[181] According to a June 2013 report published by the Washington Office on Latin America, dangerous deportation practices are on the rise and pose a serious threat to the safety of the migrants being deported. These practices include repatriating migrants to border cities with high levels of drug-related violence and criminal activity, night deportations (approximately 1 in 5 migrants reports being deported between the hours of 10 pm and 5 am), and "lateral repatriations", or the practice of moving migrants from the region where they were detained to areas hundreds of miles away.[182] These practices increase the risk of gangs and organized criminal groups preying upon the newly arrived migrants.
In 2013, deportation prioritization guidance used by Immigration and Customs enforcement, was extended to Customs and Border Protection, under the Obama Administration's prosecutorial discretion plan.[183]
Under the Obama administration, removals peaked in fiscal year (FY) 2012, when 409,849 persons were removed (about 55% of whom had a criminal conviction, with some additional number with a pending criminal charge).[184] and FY 2013, when 438,421 persons were removed.[185] Deportations thereafter declined while still remaining high: there were 414,481 deportations in FY 2014,[186] 235,413 deportations in FY 2015,[187] 240,255 deportations in FY 2016.[184][187] Under the Trump administration, deportations rose but remained lower than the Obama-era peaks.[187][184] There were 226,119 deportations in fiscal year 2017,[184] and 256,085 deportations in FY 2018.[184]
A study in 2005 by the Center for American Progress, a liberal think tank, estimated that the cost of forcibly removing most of the nation's illegal immigrants (then estimated to be about 10 million) would be $41 billion a year, more than the entire annual budget of the US Department of Homeland Security.[188] The study estimated that the cost over five years would be between $206 billion to $230 billion, depending on how many departed voluntarily.[188] A 2017 study published in the Journal on Migration and Human Security found that a mass-deportation program would create immense social and economic costs, including a cumulative GDP reduction of $4.7 trillion over a decade; damage to the US housing market (because an estimated 1.2 million mortgages are held by households that include one or more illegal immigrants); and a 47% drop in the median household income for the US's estimated 3.3 million "mixed-status" households (household that include at least one illegal immigrant and at least one US citizen), which would result in a major increase in poverty.[189]
Military involvement
In 1995, the United States Congress considered an exemption from the Posse Comitatus Act, which generally prohibits direct participation of US soldiers and airmen (and sailors and marines by policy of the Department of the Navy) in domestic law enforcement activities, such as search, seizure, and arrests.[190]
In 1997, marines shot and killed 18-year-old US citizen Esequiel Hernández Jr[191] while on a mission to interdict smuggling and illegal immigration near the border community of Redford, Texas. The marines observed the high school student from concealment while he was tending his family's goats in the vicinity of their ranch. At one point, Hernandez raised his .22-caliber rifle and fired shots in the direction of the concealed soldiers. He was subsequently tracked for 20 minutes then shot and killed.[192][193] In reference to the incident, military lawyer Craig T. Trebilcock argues, "the fact that armed military troops were placed in a position with the mere possibility that they would have to use force to subdue civilian criminal activity reflects a significant policy shift by the executive branch away from the posse comitatus doctrine."[194] The killing of Hernandez led to a congressional review[195] and an end to a nine-year-old policy of the military aiding the Border Patrol.[196]
After the September 11 attacks in 2001, the United States again considered placing soldiers along the U.S.-Mexico Border as a security measure.[197] In May 2006, President George W. Bush announced plans to use the National Guard to strengthen enforcement of the US–Mexico border from illegal immigrants,[198] emphasizing that Guard units "will not be involved in direct law enforcement activities".[199]
The American Civil Liberties Union (ACLU) called on the President not to deploy troops to deter illegal immigrants, and stated that a "deployment of National Guard troops violates the spirit of the Posse Comitatus Act".[200] According to the State of the Union address in January 2007,[201] more than 6,000 National Guard members had been sent to the border to supplement the Border Patrol,[202] costing in excess of $750 million.[203]
Sanctuary cities
Several US cities have instructed their own law enforcement personnel and civilian employees not to notify the federal government when they become aware of illegal immigrants living within their jurisdiction.
There is no official definition of "sanctuary city".[204] Cities which have been referred to as "sanctuary cities" by various politicians include Washington, D.C.; New York City; Los Angeles; Chicago; San Francisco;[205] San Diego; Austin; Salt Lake City; Dallas; Detroit; Honolulu; Houston; Jersey City; Minneapolis; Miami; Newark; Denver; Aurora, Colorado; Baltimore; Seattle; Portland, Oregon; and Portland, Maine have become "sanctuary cities", having adopted ordinances refraining from stopping or questioning individuals for the sole purpose of determining their immigration status.[206][207][clarification needed] Most of these ordinances are in place at the state and county, not city, level. These policies do not prevent the local authorities from investigating crimes committed by illegal immigrants.[204] In 2020, armed federal officers from CBP were to be sent to sanctuary cities across the country to perform routine immigration arrests.[208]
Attacks on immigrants
According to a 2006 report by the Anti-Defamation League, white supremacists and other extremists were engaging in a growing number of assaults against legal and illegal immigrants and those perceived to be immigrants,[209][needs update] including assault on migrants from Latin America.
Community-based involvement
The No More Deaths organization offers food, water, and medical aid to migrants crossing the desert regions of the American Southwest in an effort to reduce the increasing number of deaths along the border.[210]
In 2014, 'Dreamer Moms' began protesting, hoping that President Obama will grant them legal status. On November 12, 2014, there was a hunger strike near the White House undertaken by the group Dreamer Moms. On November 21, 2014, Obama provided 5 million illegal immigrants legal status because he said that mass deportation "would be both impossible and contrary to our character." However, this decision was challenged in court during the Trump administration and then overturned.[211]
Other organizations and initiatives offer support to populations of illegal immigrants within the United States, such as Kichwa Hatari, a radio station in New York City that translates information from Spanish into the Kichwa language for broadcast to Ecuadorian illegal immigrants.[212]
Economic impact
Illegal immigrants increase the size of the US economy and contribute to economic growth.[67] Illegal immigrants contribute to lower prices of US-produced goods and services, which benefits consumers.[67]
Economists estimate that legalization of the current unauthorized immigrant population would increase the immigrants' earnings[15][16][17][213][67] and consumption considerably.[18] A 2016 National Bureau of Economic Research paper found that "legalization would increase the economic contribution of the unauthorized population by about 20%, to 3.6% of private-sector GDP."[214] Legalization is also likely to reduce untaxed labor in the informal economy.[67] A 2016 study found that Deferred Action for Childhood Arrivals (DACA), which allows unauthorized immigrants who migrated to the United States as minors to temporarily stay, increases labor force participation, decreases the unemployment rate and increases the income for DACA-eligible immigrants.[215] The study estimated that DACA moved 50,000 to 75,000 unauthorized immigrants into employment.[215] Another 2016 study found that DACA-eligible households were 38% less likely than non-eligible unauthorized immigrant households to live in poverty.[216]
A 2017 study in the Journal of Public Economics found that more intense immigration enforcement increased the likelihood that US-born children with illegal immigrant parents would live in poverty.[217]
Native welfare
A number of studies have shown that illegal immigration increases the welfare of natives.[218][13][14] A 2015 study found that " increasing deportation rates and tightening border control weakens low-skilled labor markets, increasing unemployment of native low-skilled workers. Legalization, instead, decreases the unemployment rate of low-skilled natives and increases income per native."[219] A study by economist Giovanni Peri concluded that between 1990 and 2004, immigrant workers raised the wages of native born workers in general by 4%, while more recent immigrants suppressed wages of previous immigrants.[220]
In a 2017 literature review by the National Academy of Sciences, they explain the positive impact of illegal immigrants on natives in the following way:[67]
The entry of new workers through migration increases the likelihood of filling a vacant position quickly and thus reduces the net cost of posting new offers. The fact that immigrants in each skill category earn less than natives reinforces this effect. Though immigrants compete with natives for these additional jobs, the overall number of new positions employers choose to create is larger than the number of additional entrants to the labor market. The effect is to lower the unemployment rate and to strengthen the bargaining position of workers.
According to Georgetown University economist Anna Maria Mayda and University of California, Davis economist Giovanni Peri, "deportation of undocumented immigrants not only threatens the day-to-day life of several million people, it also undermines the economic viability of entire sectors of the US economy." Research shows that illegal immigrants complement and extend middle- and high-skilled American workers, making it possible for those sectors to employ more Americans. Without access to illegal immigrants, US firms would be incentivized to offshore jobs and import foreign-produced goods. Several highly competitive sectors that depend disproportionately on illegal immigrant labor, such as agriculture, would dramatically shrink and sectors, such as hospitality and food services, would see higher prices for consumers. Regions and cities that have large illegal populations are also likely to see harms to the local economy were the illegal immigrant population removed. While Mayda and Peri note that some low-skilled American workers would see marginal gains, it is likely that the effects on net job creation and wages would be negative for the US as a whole.[12]
A 2002 study of the effects of illegal immigration and border enforcement on wages in border communities from 1990 to 1997 found little impact of border enforcement on wages in US border cities, and concluded that their findings were consistent with two hypotheses, "border enforcement has a minimal impact on illegal immigration, and illegal immigration from Mexico has a minimal impact on wages in US border cities".[221]
A 2021 study in the American Economic Journal found that illegal immigrants had beneficial effects on the employment and wages of American natives. Stricter immigration enforcement adversely affected employment and wages of American natives.[222]
According to University of California, San Diego economist Gordon H. Hanson, "there is little evidence that legal immigration is economically preferable to illegal immigration. In fact, illegal immigration responds to market forces in ways that legal immigration does not. Illegal migrants tend to arrive in larger numbers when the US economy is booming (relative to Mexico and the Central American countries that are the source of most illegal immigration to the United States) and move to regions where job growth is strong. Legal immigration, in contrast, is subject to arbitrary selection criteria and bureaucratic delays, which tend to disassociate legal inflows from US labor-market conditions. Over the last half-century, there appears to be little or no response of legal immigration to the US unemployment rate."[223]
Fiscal effects
Illegal immigrants are not eligible for most federally-funded safety net programs,[224] and pay more in taxes than similar low-income groups because they are not eligible for the federal earned income tax credit.[225] Illegal immigrants are barred from receiving benefits from Medicare, non-emergency Medicaid, or the Children's Health Insurance Program (CHIP), and the Medicare program; they also cannot participate in health insurance marketplaces and are not eligible to receive insurance subsidies under the Affordable Care Act.[224] Illegal immigrants contribute up to $12 billion annually to the Social Security Trust Fund, but are not eligible to receive any Social Security benefits.[224] Unless the illegal immigrants transition to legal status, they will not collect these benefits.[224][67] According to a 2007 literature review by the Congressional Budget Office, "Over the past two decades, most efforts to estimate the fiscal impact of immigration in the United States have concluded that, in aggregate and over the long term, tax revenues of all types generated by immigrants—both legal and unauthorized—exceed the cost of the services they use."[11]
While the aggregate fiscal effects are beneficial to the United States, unauthorized immigration has small but net negative fiscal effects on state and local governments.[11] According to the 2017 National Academy of Science report on immigration, one reason for the adverse fiscal impact on state and local governments is that "the federal government reimburses state and local entities a fraction of costs to incarcerate criminal aliens, the remaining costs are borne by local governments."[67]
A paper in the peer-reviewed journal Tax Lawyer from the American Bar Association concluded that illegal immigrants contribute more in taxes than they cost in social services.[226]
A 2016 study found that, over the period 2000–2011, illegal immigrants contributed $2.2 to $3.8 billion more to the Medicare Trust Fund "than they withdrew annually (a total surplus of $35.1 billion). Had unauthorized immigrants neither contributed to nor withdrawn from the Trust Fund during those 11 years, it would become insolvent in 2029—1 year earlier than currently predicted."[227]
Mortgages
Around 2005, an increasing number of banks saw illegal immigrants as an untapped resource for growing their own revenue stream and contended that providing illegal immigrants with mortgages would help revitalize local communities, with many community banks providing home loans for illegal immigrants. At the time, critics complained that this practice would reward and encourage illegal immigration, as well as contribute to an increase in predatory lending practices. One banking consultant said that banks which were planning to offer mortgages to illegal immigrants were counting on the fact that immigration enforcement was very lax, with deportation unlikely for anyone who had not committed a crime.[228]
Crime and law enforcement
Relationship between illegal immigration and crime
Illegal immigrants are less likely to commit crimes than native-born citizens in the United States.[21][229][20][230][231][232][233] Multiple studies have found that illegal immigration to the United States did not increase violent crime.[234][235][236] A 2016 study found no link between illegal immigrant populations and violent crime, although there is a small but significant association between illegal immigrants and drug-related crime.[237] A 2017 study found that "Increased undocumented immigration was significantly associated with reductions in drug arrests, drug overdose deaths, and DUI arrests, net of other factors."[238] A 2017 study found that California's extension of driving licenses to unauthorized immigrants "did not increase the total number of accidents or the occurrence of fatal accidents, but it did reduce the likelihood of hit and run accidents, thereby improving traffic safety and reducing costs for California drivers ... providing unauthorized immigrants with access to driver's licenses can create positive externalities for the communities in which they live."[239] A 2018 study in the American Economic Journal: Economic Policy found that by restricting the employment opportunities for unauthorized immigrants, the Immigration Reform and Control Act of 1986 (IRCA) likely caused an increase in crime.[240][241] A 2018 PLOS One study estimated that the illegal immigrant population in the United States was 22 million (approximately twice as large as the estimate derived from US Census Bureau figures); an author of the study notes that this has implications for the relationship between illegal immigration and crime suggesting the correlation is lower than previously estimated: "You have the same number of crimes but now spread over twice as many people as was believed before, which right away means that the crime rate among illegal immigrants is essentially half whatever was previously believed."[242] A 2019 analysis found no evidence that illegal immigration increased crime.[243] A 2020 study found little evidence of a relationship between unauthorized immigration and terrorism.[244]
Impact of immigration enforcement
Research suggests immigration enforcement deters unauthorized immigration[115] but has no impact on crime rates.[24][25][22][245] Immigration enforcement is costly and may divert resources from other forms of law enforcement.[115][245] Tougher immigration enforcement has been associated with greater migrant deaths, as migrants take riskier routes and use the services of smugglers.[115][246] Tough border enforcement may also encourage unauthorized immigrants to settle in the United States, rather than regularly travel across the border where they may be captured.[115][247] Immigration enforcement programs have been shown to lower employment and wages among illegal immigrants, while increasing their participation in the informal economy.[115]
Research finds that Secure Communities, an immigration enforcement program which led to a quarter of a million of detentions, had no observable impact on the crime rate.[24][248] A 2015 study found that the 1986 Immigration Reform and Control Act, which legalized almost 3 million immigrants, led to "decreases in crime of 3–5 percent, primarily due to decline in property crimes, equivalent to 120,000–180,000 fewer violent and property crimes committed each year due to legalization".[25]
A 2017 review study of the existing literature noted that the existing studies had found that sanctuary cities—which adopt policies designed to avoid prosecuting people solely for being an illegal immigrant—either have no impact on crime or that they lower the crime rate.[23] A second 2017 study in the journal Urban Affairs Review found that sanctuary policy itself has no statistically meaningful effect on crime.[249][250][251][252][253] The findings of the study were misinterpreted by Attorney General Jeff Sessions in a July 2017 speech when he claimed that the study showed that sanctuary cities were more prone to crime than cities without sanctuary policies.[254][255] A third study in the journal Justice Quarterly found evidence that the adoption of sanctuary policies reduced the robbery rate but had no impact on the homicide rate except in cities with larger Mexican illegal immigrant populations which had lower rates of homicide.[256] Two studies have found that local cooperation with ICE adversely affect public safety by reducing local reporting of crime by Latino communities.[257][258]
According to a study by Tom K. Wong, associate professor of political science at the University of California, San Diego, published by the Center for American Progress, a progressive think tank: "Crime is statistically significantly lower in sanctuary counties compared to nonsanctuary counties. Moreover, economies are stronger in sanctuary counties—from higher median household income, less poverty, and less reliance on public assistance to higher labor force participation, higher employment-to-population ratios, and lower unemployment."[259] The study also concluded that sanctuary cities build trust between local law enforcement and the community, which enhances public safety overall.[260] The study evaluated sanctuary and non-sanctuary cities while controlling for differences in population, the foreign-born percentage of the population, and the percentage of the population that is Latino."[259]
A 2018 study found no evidence that apprehensions of illegal immigrants in districts in the United States reduced crime rates.[261]
After the Obama administration reduced federal immigration enforcement, Democratic counties reduced their immigration enforcement more than Republican counties; a paper by a University of Pennsylvania PhD candidate found "that Democratic counties with higher non-citizen population shares saw greater increases in clearance rates, a measure of policing efficiency, with no increase in crime rates. The results indicate that reducing immigration enforcement did not increase crime and rather led to an increase in policing efficiency, either because it allowed police to focus efforts on solving more serious crimes or because it elicited greater cooperation of non-citizens with police."[245] A 2003 paper by two Federal Reserve Bank of Dallas economists found "that while the volume of illegal immigration is not related to changes in property-related crime, there is a significant positive correlation with the incidence of violent crime. This is most likely due to extensive smuggling activity along the border. Border enforcement meanwhile is significantly negatively related to crime rates. The bad news is that the deterrent effect of the border patrol diminishes over this time period, and the net impact of more enforcement on border crime since the late 1990s is zero."[262]
According to Cornell University economist Francine Blau and University of California at Berkeley economist Gretchen Donehower, the existing "evidence does not suggest that ... stepping up enforcement of existing immigration laws would generate savings to existing taxpayers."[263] By complicating circular migration and temporary work by migrants, and by incentivizing migrants to settle permanently in the US, the 2017 National Academy of Sciences report on immigration notes that "it is certainly possible that additional costs have been created to the economy by the increased border enforcement, beyond the narrow costs of the programs themselves in the federal budget."[67]
It has been argued that enhanced border enforcement drives undocumented immigrants to cartels, which have the means to elude immigration authorities, such as trucks, with negative consequences including the rape, torture, and blackmail of the smuggled immigrants, and high profits for the cartels. "The militarization of the border has made it so difficult and so expensive for migrants to cross that the potential profits have incentivized international cartels.... Homeland Security Investigations estimates that cartel profits from smuggling migrants jumped from $500 million in 2018 to $13 billion today [in 2022]."[264]
Document fraud
Illegal immigrants sometimes use Social Security numbers belonging to others in order to obtain fake work documentation.[265][266][267] In 2009, the US Supreme Court ruled in the case of Flores-Figueroa v. United States that illegal immigrants cannot be prosecuted for identity theft if they use "made-up" Social Security numbers that they do not know belong to someone else; to be guilty of identity theft with regard to social security numbers, they must know that the social security numbers that they use belong to others.[268]
Education
An estimated 65,000 undocumented youth graduate from high school every year but only 5 to 10 percent go on to college.[citation needed] Research shows that policies regarding tuition and admissions procedures, impact students the most.[269] As of October 2015, twenty states had given undocumented students' in-state resident tuition (ISRT) while five states had completely prohibited their enrollment.[269] Although states grant undocumented students resident tuition, federal laws do not award undocumented immigrants financial aid.[270] Without financial aid, students cannot afford higher education, making it difficult for this community to attain social mobility.[271][270]
In 1982, Plyler vs Doe granted all students, regardless of status, the right to a public K-12 education.[269] The ruling found that denying undocumented students access to public education outweighed the effects of not educating them, however states continued implementing policies that challenged the Supreme Court decision.[272] In 1994, California implemented Proposition 187, prohibiting undocumented students from enrolling in schools and required educators to report students who they suspected were undocumented.[273] Likewise, the state of Alabama in 2011, requiring administrators to report the status of recently enrolled students; which resulted in a 13% dropout rate that year.[272][273]
Organizations such as the American Federation of Teachers have created guides for educators of immigrant and refugee students, urging schools to build policies that provide these students with protection from policies that would criminalize them.[274][273] In 2014, Operation Border Guardians targeted undocumented immigrants who had come to the United States as minors and recently turned 18 or were 16 with a criminal history.[273] Federal immigration judges sent out court orders to apprehend students that were not currently appealing their cases.[273] Immigration and Customs Enforcement (ICE) was detaining students on their way to school. When undocumented students turn eighteen, their youth status no longer protects them from immigration policies such as deportation.[275] The National Education Association (NEA) and the National School Board Association (NSBA) in 2009, created guidelines for educators working with undocumented students, informing school personnel about their students' rights concerning immigration legislation as it transpires in the community.[276][273] The American Federation of Teachers created a guideline specifically speaking to concern regarding deportation.[273]
A case study conducted on Aurora Elementary examined how school personnel quickly developed boundaries to ensure the safety of their students when ICE appeared in the community.[273] The study evaluated how educators' established school policies with limited knowledge regarding policies. In the study, 14 staff members of Aurora spoke about the fear it created in the community. The school was placed on an unofficial lockdown, and no one was to leave campus unless given permission. Days following the event, parents stopped sending their children to school. After speaking to the district's legal department, they informed her that they would not be able to do anything in their part, but that she could call families and inform them about the ICE raids. She worked with school personnel to create school policies that protected the students when immigration legislation transpired in the community. Further, aligning school policies with district goals to ensure that undocumented students' education is protected.[273]
Studies have shown that undocumented immigrants are wary of disclosing their immigration status to counselors, teachers and mentors. In other words, undocumented students sometimes did not disclose their status to the very individuals that could help them find pathways to higher education.[277][278]
Harm to non-citizens without legal status
There are significant dangers associated with illegal immigration including potential death when crossing the border. Since the 1994 implementation of an immigration-control effort called Operation Gatekeeper, immigrants have attempted to cross the border in more dangerous locations.[279][280] Those crossing the border come unprepared, without food, water, proper clothing, or protection from the elements or dangerous animals; sometimes the immigrants are abandoned by those smuggling them.[280] Deaths also occur while resisting arrest. In May 2010, the National Human Rights Commission in Mexico accused Border Patrol agents of tasering illegal immigrant Anastasio Hernández-Rojas to death. Media reports that Hernández-Rojas started a physical altercation with patrol agents and later autopsy findings concluded that the suspect had trace amounts of methamphetamine in his blood levels which contributed to his death.[281][282] The foreign ministry in Mexico City has demanded an explanation from San Diego and federal authorities, according to Tijuana newspapers.[281] According to the US Border Patrol, there were 987 assaults on Border Patrol agents in 2007 and there were a total of 12 people killed by agents in 2007 and 2008.[283]
According to the Washington Office on Latin America's Border Fact Check site, Border Patrol rarely investigates allegations of abuse against migrants, and advocacy organizations say, "even serious incidents such as the shootings of migrants result in administrative, not criminal, investigations and sanctions."[284]
Health
A 2017 Science study found that Deferred Action for Childhood Arrivals (DACA), which allows unauthorized immigrants who migrated to the United States as minors to temporarily stay, led to improved mental health outcomes for the children of DACA-eligible mothers.[285] A 2017 Lancet Public Health study reported found that DACA-eligible individuals had better mental health outcomes as a result of their DACA-eligibility.[286] Stringent immigration enforcement has been linked to worse mental health among illegal immigrants.[287]
Illegal immigrants, particularly those living in parts of the US with more restrictive policies, are less likely to access health services. If they do see a health care provider, they are less likely to be able to comply with their recommendations. Additionally, illegal immigrants have higher rates of depressive symptoms than legal immigrants.[288] More restrictive policies also negatively impact the likelihood that a pregnant immigrant will receive prenatal care.[288] In contrast, a 2017 study found that extending Medicaid to illegal immigrants led to improvements in infant health and reductions in infant mortality.[289] A quasi-experimental study found that after the Postville raid in Iowa in 2008, newborns were 24% more likely to be underweight at birth compared to the year before, adjusting for maternal risk factors and country of origin.[288]
Exploitation by employers
Many Mexican immigrants have been trafficked by either their smugglers or the employers after they have gotten to the United States. According to research at San Diego State University, approximately 6% of illegal Mexican immigrants were trafficked by their smugglers while entering the United States and 28% were trafficked by their employers after entering the United States. Trafficking rates were particularly high in the construction and cleaning industries. They also determined that 55% of illegal Mexican immigrants were abused or exploited by either their smugglers or employers.[290]
Indian, Russian, Thai, Vietnamese and Chinese women have been reportedly brought to the United States under false pretenses. "As many as 50,000 people are illicitly trafficked into the United States annually, according to a 1999 CIA study. Once here, they're forced to work as prostitutes, sweatshop laborers, farmhands, and servants in private homes." US authorities call it "a modern form of slavery".[291][292] Many Latina women have been lured under false pretenses to illegally come to the United States and are instead forced to work as prostitutes catering to the immigrant population. Non-citizen customers without proper documentation that have been detained in prostitution stings are generally deported.[293]
Death
Many Central American migrants are abducted or killed during their journey. A 2015 estimate suggested that as many as 120,000 migrants had disappeared within Mexico during the previous ten years.[294] Thousands are killed or maimed riding the roofs of cargo trains in Mexico.[295]
Death by exposure to the elements—leading to hypothermia, dehydration, heat stroke, drowning, and suffocation—has been reported in the deserts, particularly during the hot summer season.[296] Also, people may die or be injured when they attempt to avoid law enforcement, for example, in high speed pursuits.[297]
Workplace injury
Recent studies have found that illegal immigration status is perceived by Latino immigrant workers as a barrier to safety at work.[298][299]
Criticisms of ICE Detention
With deportation as a tool of the US government against illegal immigrants, practices by immigration authorities have drawn the ire of the public and activists—about detention facilities and deportations. In the act of detaining illegal aliens, ICE has come under scrutiny for its practices of separating families. In addition, ICE has been wrongfully assessing ages of unaccompanied children. The Department of Homeland Security rely on dental radiograph tests to ascertain the ages of those in custody. But these tests only determine an age range, often encompassing both minor and adult ages, resulting in many minors being placed in adult prisons.[300] "This American Life" has reported on one wrongfully detained migrant arriving from Cambodia to meet her finance, whose dental tests said she was a minor. ICE tests to determine ages of detained migrants have proven at best faulty—and at worst unscientific.
Additionally, activists and immigrant advocates have criticized the role of private prison companies in dealing with the detention of illegal immigrants. Reports have detailed people in ICE custody being forced to work for nothing or a dollar-a-day cooking, doing laundry, and other essential tasks for these prisons.[301] In late December 2017, the US Civil Rights Commission called on Congress and the Department of Homeland Security to investigate abusive labor practices of these private prisons, including other reports saying detainees had been paid less than a dollar a day in the facilities "Voluntary Work Program."[302] In the report, the Commission specifically cited private prisons as a main concern, given the financial benefit of low-paid labor being used to "maximize profits."
Celebrities and influencers
Celebrities who perform their normal paid duties may suddenly find themselves working illegally if they travel to the United States.[303] (See § In the workforce.) This has become especially common with the increase in social media influencers.[303] Because they are doing something many do without pay and are traveling with no more equipment than many travelers do every day, they may not be aware that they are breaking the 1986 Immigration Reform and Control Act (IRCA).[303]
Cultural references
A number of films and at least one novel tell stories based on the infamous voyage of the Golden Venture, a ship carrying would-be illegal immigrants from China that ran aground in New York Harbor in 1993.
Commercial films
The 1996 film Deadly Voyage treats the perils endured by would-be immigrants attempting to enter the United States illegally.[304]
Documentary films
How Democracy Works Now: Twelve Stories is a 12-part documentary film series that examines the American political system through the lens of immigration reform from 2001 to 2007, from filmmaking team Shari Robertson and Michael Camerini. Several films in the series contain a large focus on the issue of illegal immigration in the US and feature advocates from both sides of the debate. Since the debut of the first five films, the series has become an important resource for advocates, policymakers and educators.[305]
The series premiered on HBO with the broadcast debut of The Senator's Bargain on March 24, 2010. A directors' cut of The Senator's Bargain was featured in the 2010 Human Rights Watch Film Festival at Lincoln Center, with the theatrical title Story 12: Last Best Chance. That film featured Edward Kennedy's efforts to pass the Comprehensive Immigration Reform Act of 2007. The second story in the 12-part series, Mountains and Clouds, opened the festival in the same year.
The films document the attempt to pass comprehensive immigration reform during the years from 2001 to 2007, and present a behind-the-scenes story of the success (and failure) of many bills from that period with an effect on illegal immigration including:
- The DREAM Act
- REAL ID Act
- Comprehensive Immigration Reform Act of 2007
- Secure America and Orderly Immigration Act
Marking Up The Dream, Story Six in the How Democracy Works Now series, focuses on the heated 2003 markup in The Senate Judiciary Committee, contrasting optimistic supporters who viewed The DREAM Act as a small bi-partisan bill that would help children, with opponents who saw the legislation as thinly veiled amnesty. Also presented in the film are the rallies and demonstrations from illegal immigrant students who would benefit from the DREAM Act. The film opens with demonstration by some illegal high-school students as they stage a mock graduation ceremony on the US Capitol lawn.
See also
- Angel Families
- Canada–United States border
- Illegal immigration to Canada
- Illegal immigration to Mexico
- Immigration reduction in the United States
- Immigration to the United States
- Inequality within immigrant families (United States)
- List of detention sites in the United States (migration-related sites)
- Mexican migration
- Mexico–United States border crisis
- Nativism (politics)
- Office of Victims of Immigration Crime Engagement
- Opposition to immigration
References
Footnotes
- ^ "... if an alien is not permitted to enter this country, or, having entered contrary to law, is expelled, he is in fact cut off from worshipping or speaking or publishing or petitioning in the country; but that is merely because of his exclusion therefrom. He does not become one of the people to whom these things are secured by our Constitution by an attempt to enter, forbidden by law. To appeal to the Constitution is to concede that this is a land governed by that supreme law, and as under it the power to exclude has been determined to exist, those who are excluded cannot assert the rights in general obtaining in a land to which they do not belong as citizens or otherwise." United States ex. rel. Turner v. Williams.
Citations
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An alien seeking 'admission' to the United States is subject to various requirements, see, e.g., § 1181(a), and cannot gain entry if she is deemed 'inadmissible' on any of the numerous grounds set out in the immigration statutes, see § 1182.
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A range of studies by academics and think tanks have shown that immigrants do not commit crime at a higher rate than native-born Americans. A more limited universe of studies specifically examine criminality among immigrants in the US illegally but also find that they do not commit crimes at a higher rate.
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Further reading
- Brimelow, Peter; Alien Nation (1996)
- Espenshade, Thomas J (1995). "Unauthorized Immigration to the United States". Annual Review of Sociology. 21: 195–216. doi:10.1146/annurev.soc.21.1.195. PMID 12291061.
- Inda, Jonathan Xavier. Targeting Immigrants: Government, Technology, and Ethics. Malden, MA: Wiley-Blackwell, 2006.
- Kalhan, Anil, Rethinking Immigration Detention, 110 Columbia Law Review Sidebar 42, 2010
- Kalhan, Anil, Immigration Policing and Federalism Through the Lens of Technology, Surveillance, and Privacy, 74 Ohio State Law Journal 1105, 2013
External links
- "Let's change the conversation on immigration", Pulitzer Prize winner Jose Antonio Vargas discusses "coming out" as an illegal immigrant