How We Got Our Immigration Policies: What Now

child detention centers thedailybeast.com

Introduction

The sonnet at the base of the Statue of Liberty was written by Emma Lazarus at the urging of her friends for an auction to raise money to build a pedestal to put the statue on in 1883. It was engraved on a bronze plaque which was added to the base of the statue in 1903. But apparently America was already sort of in the “fake news” business, since we have not exactly had a love affair with the various immigrant waves that have arrived on our shores, or our desert roads. Since I kept being wrong about what things we have done to immigrants before now, I decided to do some research.

The very first article I found was extremely helpful offering a timeline of immigration events, laws, actions, and even a few statistics. There is also an infographic (not included here). Although I would like to blame all the times America got exercised about immigrants who did not enter America legally (and a few times when we even got hot under the collar about legal immigrants) on the Republicans it is not possible. For one thing during the Civil War the Democrats were the Republicans, sort of, so things get murky.

Clearly we did not get where we are in 2018 in one giant step. In many administrations Presidents and Congresses have dealt with trying to solve the problems of people who immigrated to America without going through proper channels. And the more complicated the rules have become the more people seem to try to go around them.

Sometimes there may have been popular pressure on the government as people felt overrun by waves of one immigrant group or another and the fact of all these new folks settling in seemed to threaten current demographics, or change a favored neighborhood beyond recognition. Other times immigration crack-downs seemed to have been related to historical events such as the Great Depression which made it difficult to take care of even the citizens who had been here for decades and the Second World War which made many Americans paranoid about people from Japan. There was possibly also an element of revenge after the attack on Pearl Harbor. Finding all the reasons for immigration freak-outs would require more research and still might not offer a complete picture. Perhaps you had to be there in those moments.

Late 1800’s to early 1900’s

The timeline I found says that the first dedicated immigration detention facility in the world appeared in America in 1892. People had to stay somewhere between apprehension and deportation. The first guards appeared on the US-Mexico border in 1904.

Calvin Coolidge (Rep) 

“1924 Johnson-Reed Immigration Act (also known as the National Origins Act and Asian Exclusion Act) – Restricted immigration further to the number of immigrants admitted from any country annually to 2 percent of the number who were already living in the United States before the 1890 census. Intended to “preserve American homogeneity,” the Johnson-Reed Act provided a pathway to citizenship for European immigrants while restricting Asians, Arabs, and most Africans completely.”

Herbert Hoover (Dem) and Franklin D Roosevelt (Dem)-The Great Depression into WWII

Entering illegally or overstaying a visa became a misdemeanor in 1929 (just before the Great Depression). During the Great Depression Herbert Hoover (Rep) and later FDR (Dem) “rounded up and deported 500,000 Mexicans and Filipinos, even though 60% of them were US-born citizens. 1942 was the beginning of the Japanese internment under FDR (Dem) (World War II). But FDR also began the Bracero Program which issued temporary visas to Mexicans to work in agriculture. This program ended in 1964.

Harry S. Truman (Dem)

In 1946 the US Army School of the Americas (SOA) began training Latin America soldiers and leaders in Georgia. It eventually earned the reputation of being a school for despots and is often considered to be responsible for the destabilization we still see in South America today.  In 1952 an immigrant’s criminal record or radical political views could be grounds for deportation/detention. It also became possible to grant noncitizens release from detention on bond based on community ties.

Eisenhower (Rep) and Jimmy Carter (Dem)

Eisenhower (Rep)(1954-56) targeted 1 million Mexicans for deportation in the charmingly named Operation Wetback (sarcasm). Under Jimmy Carter (Dem) (1980-81) a new round of mass detentions took place, this time Cubans, Haitians, and Central Americans.

Ronald Reagan (Rep)

Ronald Reagan (Rep) took office in 1981. Reagan wanted to deter Latin American immigration so he began the detention of asylum seekers. A renewed War on Drugs brought militarization to the border. Reagan set up the McAllen Detention Center in Puerto Rico to hold Haitians in 1981. In 1983 he signed the Mass Immigration Emergency Plan which required that there always be 10,000 beds ready to use for immigrant detention. And in 1983 the first private prison company (CCA) Correction Corporation of America (which became CoreCivic in 2016 was allowed to house detained immigrants. GEO Group formed to set up more private detention prisons. In 1986 the Immigration Reform and Control Act was signed and granted blanket amnesty for undocumented immigrants. It also sanctioned employers who hired them. In 1987 GEO won the first government contract which gave GEO taxpayer money to detain immigrants. Busy times.

Bill Clinton (Dem)

Bill Clinton (Dem) in 1994 doubled the Border Patrol and constructed five miles of border wall in the wake of which data showed an increasing number of deaths in the border lands.

“Together known as “The 1996 Laws,” this set of laws has had the greatest impact on expanding the U.S. immigration detention system by expanding the list of “crimes of moral turpitude,” including non-violent drug and other charges, for which both legal immigrants and undocumented non-citizens can be subjected to mandatory detention and deportation. These laws can be applied retroactively, and also impose 3-year, 10-year, and lifetime bars on returning to the U.S. after deportation.”

George W. Bush (Rep) Post 9/11 attacks on World Trade Center

Under George W. Bush (Rep) in 2003 the Supreme Court upheld the right to detain immigrants during deportation proceedings. The Department of Homeland Security was created in 2003 also. Under G.W. private prisons began to be administered by the Bureau of Prisons.

Barrack Obama (Dem)

Under Obama (Dem), 2009 the quota for emergency beds that must be maintained at all times went to 34,000. Obama temporarily ended family detention, but the detention centers remained open. He established DACA in 2012. In 2014 he resumed family detention because of increases in unaccompanied minors, women and children. When the US Justice Department and DHS tried to phase out use of private prisons in 2016, their stocks plummeted. Obama detentions were over 40,000/day and he had deported over 3 million people, more than all other Presidents added together up to that date.

Donald J. Trump (Rep)

 

When Trump was elected in 2016 prison stocks rose again. [However by January, 2017, under Trump detentions are over now 44-45,000/day according to The Daily Beast. Family separation is new, although supposedly suspended for now, and it appears that Trump would like to end all immigration through our southern border. He wants a “wall” along the whole southern border.]

Here’s the irony, in Oct. 2017 California, home of the first private prison for immigrants passed the Dignity, not Detention Act. We can see that as American population grew immigration law became steadily more intense until we arrived at where we are now. Countable.com asked me today what I would do with children and unaccompanied minors if they were not detained. I liked when we found families to take them in but this doesn’t even make the list as an official policy and how do you find the number of homes we need.

All of this timeline information, except where noted, was mined from the following article:

https://www.freedomforimmigrants.org/detention-timeline/

Not the Whole Story if Trying to Place Blame

Presidents don’t always write laws or enact laws. A President may initiate a law or rule or act but this is more likely to begin in Congress and then end up on the President’s desk for a signature. This was an excellent article for setting up a timeline and I have tried to condense the contents for you. But what is missing are the political forces that led government representatives to write these bills and put them forward for a vote. Who favored the policy and who did not. We can find all of that, there is a Congressional Record and there are history books but it would require some major digging and will have to be put off for another time, another article. Once again I will repeat that sometimes you had to be there.

detention center coreCivic Cleveland.com

 

Private Prisons (The Daily Beast article)

What sent me on this journey through history was an article in The Daily Beast12/27/2018 which delineated the role of private prison corporations in the detention of immigrants, a phenomenon that has exploded. What it also makes clear is that these for-profit (on the stock market) private prison corporations are paid through government contracts, in other words, taxpayer dollars. We are basically unable to process the numbers of asylum seekers, visa overstayers, immigrants arriving without going through channels, and so they have become prisoners. They are apparently not required to work but life is so boring that many opt to work. They are paid $1/day, or if they work in the kitchen, $3/day. Much of the data about payments is kept away from the public but from what Spencer Ackerman and Adam Rawnsley were able to uncover we have spent 807 million for private contracts to 19 different facilities where immigrants are detained. The Daily Beast article also contains an informative infographic by Sarah Rogers.

Conclusions

Obviously Trump did not create current immigration policies and although he has escalated them he is not alone in this. That has been the trend for the last 150 years. But Donald Trump is fear mongering by exaggerating the dangers of immigration at our southern border. He would, seemingly, like to end all immigration through the southern border for the time being. Americans don’t see how it is possible to keep increasing detention facilities and detention time frames. We are unhappy with the imprisonment of asylum seekers. We are unhappy that they have to stay in detention too long because there is not adequate staffing on the judicial side to adjudicate asylums or deportations. Separating mothers and fathers from their young children is really very upsetting to most Americans. It does not sit well with our sense of justice to see a two year old in a court that will decide his/her fate without legal representation or anyone who speaks Spanish. Our system is not working. Imprisonment is obviously not the answer. In fact our whole set of laws to foil undocumented immigrants is a soul-sucking mess. Once again the law-and- order people have had their say and their message is always the same, “lock ‘em up”. We can do better but first we have to stop doing this.

Photo Credits: From a Google Image Search – thedailybeast.com-cleveland.com

Addendum- Kennedy-Johnson Presidencies – 1965

 

I left out a number of rules, laws, and firsts from my quick reference immigration list but a colleague pointed out one very important act that I neglected to mention. This is the Hart-Celler act of 1965, initiated in the Kennedy administration and passed after Kennedy’s death by the Lyndon Johnson administration. The Immigration and Naturalization Act abolished earlier quota systems based on national origin and established a new immigration policy based on reuniting families and attracting skilled labor to the US. “In removing racist national barriers the Act would significantly alter the demographic mix in the US,” according to Wikipedia. This act was widely supported in Congress. 74% of Democrats said yes and 85% of Republicans voted yes. But the policies passed in this act are at the heart of our current immigration controversies. Many Americas are unhappy that white folks will soon be the minority in America (although no one minority group will represent the majority) so they want drastic changes in quotas. President Trump would like to go back to quotas that give Western Europeans the advantage in immigration, and many Republicans back this approach. This bill also focused on the policy that Trump has called “chain migration” because it gives an advantage to family members of immigrants already in America. Trump and most Republicans would like to end the practice of “chain migration,” ostensibly because it aids terrorists, but also because they want to change the complexion of America in order to bring back the ‘whiteness’ factor that, to some, represents the true face of America.

 

 

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