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History of US Immigration Policy by Nataly Shevchenko

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Significant Historic Dates in U.S. Immigration <ul><li>Naturalization Act of 1790: Stipulated that &quot;any alien, being a free white person, may be admitted to become a citizen of the United States&quot; </li></ul><ul><li>1875: Supreme Court declared that regulation of US immigration is the responsibility of the Federal Government. </li></ul><ul><li>1882 The Chinese Exclusion Act: Prohibited certain laborers from immigrating to the United States. </li></ul><ul><li>1885 and 1887: Alien Contract Labor laws which prohibited certain laborers from immigrating to the United States. </li></ul><ul><li>1891: The Federal Government assumed the task of inspecting, admitting, rejecting, and processing all immigrants seeking admission to the U.S. </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>1892: On January 2, a new Federal US immigration station opened on Ellis Island in New York Harbor. </li></ul><ul><li>1903: This Act restated the 1891 provisions concerning land borders and called for rules covering entry as well as inspection of aliens crossing the Mexican border. </li></ul><ul><li>1907 The US immigration Act of 1907: Reorganized the states bordering Mexico (Arizona, New Mexico and a large part of Texas) into Mexican Border District to stem the flow of immigrants into the United States. </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>1917 - 1924: A series of laws were enacted to further limit the number of new immigrants. These laws established the quota system and imposed passport requirements. They expanded the categories of excludable aliens and banned all Asians except Japanese. </li></ul><ul><li>1924 Act: Reduced the number of US immigration visas and allocated them on the basis of national origin </li></ul><ul><li>. 1940 The Alien Registration Act: Required all aliens (non-U.S. citizens) within the United States to register with the Government and receive an Alien Registration Receipt Card (the predecessor of the &quot;Green Card&quot;). </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>1950 Passage of the Internal Security Act: Rendered the Alien Registration Receipt Card even more valuable. Immigrants with legal status had their cards replaced with what generally became known as the &quot;green card&quot; (Form I-151). </li></ul><ul><li>1952 Act: Established the modern day US immigration system. It created a quota system which imposes limits on a per-country basis. It also established the preference system that gave priority to family members and people with special skills. </li></ul><ul><li>1968 Act: Eliminated US immigration discrimination based on race, place of birth, sex and residence. It also officially abolished restrictions on Oriental US immigration. </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>1976 Act: Eliminated preferential treatment for residents of the Western Hemisphere. </li></ul><ul><li>1980 Act: Established a general policy governing the admission of refugees. </li></ul><ul><li>1986 Act : Focused on curtailing illegal US immigration. It legalized hundred of thousands of illegal immigrants. The 1986 Immigration Act is commonly know as the 1986 Immigration Amnesty. It also introduced the employer sanctions program which fines employers for hiring illegal workers. It also passed tough laws to prevent bogus marriage fraud. </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>1990 Act: Established an annual limit for certain categories of immigrants. It was aimed at helping U.S. businesses attract skilled foreign workers; thus, it expanded the business class categories to favor persons who can make educational, professional or financial contributions. It created the Immigrant Investor Program. </li></ul><ul><li>USA Patriot Act 2001: Uniting and Strengthening America by providing appropriate tools required to intercept and obstruct terrorism. </li></ul>

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Significant Historic Dates in U.S. Immigration <ul><li>Creation of the USCIS 2003: As of March 1, 2003, the US immigration and Naturalization Service (INS) becomes part of the Department of Homeland Security (DHS). The department’s new U.S. Citizenship and US immigration Services (USCIS) function is to handle US immigration services and benefits, including citizenship, applications for permanent residence, non-immigrant applications, asylum, and refugee services. US immigration enforcement functions are now under the Department's Border and Transportation Security Directorate, known as the Bureau of US immigration and Customs Enforcement (ICE). </li></ul>

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Immigration to the USA by Decade

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Projected US Population Growth

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How does a non-citizen legally enter the US? <ul><li>There are two distinct paths into the country: </li></ul><ul><li>Permanent (immigrant): As a lawful permanent resident (LPR), one receives a permanent resident card (a “green card”), is eligible to work, and may later apply for US citizenship. </li></ul><ul><li>Temporary : diplomats, tourists, temporary agricultural workers, students, intercompany business personnel. They are not eligible to get citizenship, may not work or work only for a particular place, and are required to leave the country when their visas expire. </li></ul>

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Person is not allowed into the country if: <ul><li>He is convicted of a felony. </li></ul><ul><li>He has a history of drug abuse. </li></ul><ul><li>He has a infectious disease (syphilis, HIV, tuberculosis). </li></ul><ul><li>Person may become a public charge. </li></ul><ul><li>These characteristics are also grounds for deportation once individual has come in. </li></ul>

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Statistics <ul><li>The US admits approximately 900,000 legal immigrants (permanent residents) every year (900,000 is .3% of the US population). </li></ul><ul><li>The State Department issues 5 million visas authorizing temporary admission to the US. </li></ul><ul><li>The criteria for admission for permanent residence is much more stringent than for temporary visitors. </li></ul>

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Percentage of Immigrant population of US

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Goals of Current Immigration Policy <ul><li>To reunite families by admitting immigrants who already have family members living in the US </li></ul><ul><li>To admit workers in occupations with a strong demand for labor </li></ul><ul><li>To provide a refuge for people who face the risk of political, racial, or religious persecution in their home countries </li></ul><ul><li>To provide admission to people from a diverse set of countries </li></ul>

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Category #1: Immediate Relatives of US Citizens (43% of total LPRs) <ul><li>Spouses and unmarried children (under 21 years) of US citizens </li></ul><ul><li>Parents of US citizens aged 21 and older </li></ul>

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Category #2: Family-Sponsored Immigration (23%) <ul><li>In order of preference: </li></ul><ul><li>1) Unmarried sons and daughters (aged 21 and older) of US citizens </li></ul><ul><li>2) Spouses and unmarried children of lawful permanent residents </li></ul><ul><li>3) Married sons and daughters of US citizens </li></ul><ul><li>4) Brothers and sisters of US citizens aged 21 and over </li></ul>

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Category #3: Employment-Based Immigrants (16%) <ul><li>Up to 155,000 visas in 5 preference categories: </li></ul><ul><li>“ Priority workers” with extraordinary ability in the arts, athletics, business, education or science; </li></ul><ul><li>2) Professionals with advanced degrees; </li></ul><ul><li>3) Skilled and unskilled workers in occupations deemed to be experiencing shortages; </li></ul><ul><li>4) “Special immigrants” such as ministers of religion; </li></ul><ul><li>5) People willing to invest at least $1 million in a business that create at least 10 new jobs in the US. </li></ul>

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Category #4: Refugees and Asylum Seekers (8%) <ul><li>Refugees and asylum seekers are persons who are outside the country and are unable or unwilling to return to that country because of a well-founded fear that they will be persecuted because of race, religion, nationality, membership in a particular social group, or political opinion. In 2007, President Bush authorized the admission of 70,000 refugees annually into the country (.02%). </li></ul>

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Category #5: Diversity Immigrants (5%) <ul><li>Up to 50,000 green cards are given away through a lottery system to promote immigration from those countries that are not currently the principal sources of immigration to the US. Applicants must have a high school diploma or equivalent or at least two years of training or experience in an occupation and are selected through a lottery. </li></ul>

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Top Sending Countries for LPRs <ul><li>Within all these categories, there are either regional (continental) or national caps on the numbers of LPRs. </li></ul><ul><li>Top three source countries of LPRs are 1) Mexico, 2) India 3) Philippines which together make up a third of all LPRs in the US. </li></ul>

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Becoming a US citizen: Naturalization <ul><li>Any lawful permanent resident who has maintained a period of continuous residence and presence in the US for 3-5 years can apply for citizenship. </li></ul><ul><li>He or she must have good moral character, knowledge of US history and government and the English language, and a willingness to support and defend the US and the Constitution. </li></ul><ul><li>About 500,000 LPRs became citizens in 2004. </li></ul>

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Illegal and Legal Immigrants are not so different as they seem <ul><li>Illegal immigrants pursue legality through papers (driver’s licenses, SS cards). </li></ul><ul><li>Many of those who are illegal have children or spouses who are legal residents or citizens. </li></ul><ul><li>Many illegal immigrants fall through the legal cracks in terms of paperwork. </li></ul>

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Current Proposed Legislation <ul><li>Enforcement: </li></ul><ul><li>Increased surveillance at the US-Mexico border through the National Guard and Border Patrol </li></ul><ul><li>Construction of 700 miles of fence at the border (2100 miles long). </li></ul>

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The Proposed US-Mexico Border Fence

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US-Mexico Border at Nogales (Arizona and Sonora)

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The Unintended Consequences of this Approach <ul><li>It has not resulted in less movement across the border. </li></ul><ul><li>Rather, movement happens in more deserted areas; the crossing routes are more dangerous (more isolated) and more expensive in terms of smuggling fees. </li></ul>

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Current Proposed Legislation <ul><li>Employer and Employee Sanctions </li></ul><ul><li>Raids on illegal workers, as in Fall 2006, who are then detained and deported. </li></ul><ul><li>Sanctions (fines) or criminalization of employers or other people who give employment or other assistance to illegal workers. </li></ul>

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Current Proposed Legislation <ul><li>Legalization : </li></ul><ul><li>More legal routes of entry, whether a guestworker program or more green cards </li></ul><ul><li>Amnesty programs: allowing illegal immigrants a pathway to legalization, provided they pay a fine </li></ul>

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