Overview of the history and background of immigration in America

By Seng Lone, Edited by Mark Fields

This article aims to give context to voters and readers so they can better understand and make decisions about the policies announced by candidates for office and political parties in the coming months and years during the national election campaign season. In particular, this article will explain how the U.S. has arrived at the current immigration system.

What is Immigration in the U.S.?

In the United States, “immigration” is the process that allows foreign nationals to enter and remain in the country for various reasons. It is the responsibility of policymakers to manage immigration and decide how many and what categories of individuals should be admitted into the country. These decisions concern the economy, national security, and national values. 

The Immigration and Nationality Act of 1952 (INA) regulates immigration and naturalization in the United States. This act replaced the 1965 INA Act. This act created the federal agencies in the U.S. immigration system that carry out and implement immigration laws and policies. The Department of Homeland Security (DHS) has enforced immigration law since 2003. Three commonly encountered agencies exist within DHS:

U.S. Citizenship and Immigration Services (USCIS) handles visa applications, status adjustments, and naturalization. 

Customs and Border Protection (CBP) controls border security and regulates the entry and exit of people and products into the country. 

Immigration and Customs Enforcement (ICE) operates the investigation of and removal actions against immigrants who are found to be in violation of immigration rules.

Immigration policy in the United States has changed over time, developing in response to shifting national, economic, and political contexts. Changes in presidential leadership have had major impacts on immigration policy. Each administration has a distinct set of priorities, values, and beliefs regarding immigration. These factors have influenced the evolution and history of U.S. immigration policy.

George W. Bush (2001-2009)

During Bush's presidency, the administration made several adjustments to the U.S. immigration policy. The establishment of the Department of Homeland Security (DHS) in 2002 was one of the key changes in the approach to immigration policy under the Bush administration. This establishment of the DHS involved integrating various agencies responsible for immigration, border security, and counterterrorism. The goal of creating the DHS was to bring better information and increased coordination, enabling a better approach to immigration policy. 

The signing of the ‘Real ID Act’ in 2005 was another important breakthrough that set the minimum standards for state-issued identification cards and driver’s licenses. The Real ID Act makes it more challenging for undocumented immigrants to obtain a driver’s license, requiring the individual to show more paperwork. In 2006, the Bush administration offered a bill called ‘Comprehensive Immigration Reform.’ This bill consisted of increasing border security measures, a pathway for the individual to citizenship for millions of undocumented immigrants, and a guest worker program to bring workers needed by the U.S. labor market in the future.

This legislation, meanwhile, was rejected by the Congress. In addition, republicans also opposed the bill, which was introduced at the wrong time given the significant public backlash against immigration at the time that was driven by the 9/11 attacks. 

Barack Obama (2009-2017)

Under the Obama Administration, the administration's approach to immigration was centered on providing undocumented immigrants a path to citizenship and deportation to those who opposed a threat to national security. The Deferred Action for Childhood Arrivals (DACA) program was the immigration policy that provided temporary protection to undocumented immigrants who entered the US as children and protected young undocumented immigrants from deportation. In 2012, Obama announced the DACA program granting those undocumented immigrants who fit the narrow requirements of the program renewable two-year work permits. 

Enacting comprehensive immigration reform was also discussed during the Obama administration. Furthermore, deporting immigrants convicted of serious criminal offenses, as well as those who were determined to constitute a threat to public safety was another priority for the administration. To remove these people, Immigration and Customs Enforcement (ICE) carried out significant enforcement actions. During his presidency, Obama earned the nickname “Deporter-in-Chief” by immigrant rights activists because his government deported more undocumented immigrants than any other administration. 

Donald Trump (2017-2021)

Trump’s election victory in 2016 and the administration’s restrictions on immigration have had far-reaching effects on the direction of US immigration policies. The administration prioritized limiting immigration into the country, especially unauthorized immigration. During the campaign, Trump argued the need to secure the U.S.-Mexico border and the administration advocated for building a wall along the southwest border, which Democrats and some Republicans opposed.

In 2019, the administration introduced a policy called Migrant Protection Protocols, also known as “Remain in Mexico.” This policy required asylum seekers to wait in Mexico while their applications were processed. Furthermore, Trump issued an executive order banning citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen from entering the United States for 90 days. This travel ban permanently halted the Syrian refugee inflow. All refugee entry to the US was blocked for four months. Several revisions to this travel ban policy were made before the Supreme Court in 2018 affirmed it. 

In 2017, the Deferred Action for Childhood Arrivals (DACA) program was phased out by the Trump administration, triggering legal challenges. In 2018, a new ‘zero tolerance’ policy was introduced leading to the separation of thousands of children from their parents at the US-Mexico border. 

Public Opinion Matters!

While Presidents can affect U.S. immigration policy, public opinion also significantly influences policy. Popular sentiments affect how policies are chosen. Political leaders constantly monitor public opinion on immigration and make changes appropriately to please the voters and maintain their elected positions.

Public opinion throughout the Trump administration constrained the administration’s immigration policies. Trump's supporters and the immigration policies of his administration reflected the pledge of restricted immigration. However, the public's view shifted as the administration’s policies took effect. Most Americans disagreed with the administration's policy of separating families at the US-Mexico border. In June 2018, President Trump issued an executive order to end the practice of forcibly separating families at the border in response to growing public disapproval. 

Under Bush's administration, the U.S. Congress was unable to enact significant immigration legislation, despite gaining public support for immigration reforms. The only change during this period was the Secure Fence Act of 2006, which aimed to help make the US borders more secure and was put into effect due to public pressure. 

Similarly, during the Obama administration, Obama’s efforts to enact comprehensive immigration reform and the decision to introduce the Deferred Action for Childhood Arrivals (DACA) program reflected public sentiment. Most Americans approved of the DACA program, and the expansion of the DACA program in 2014 was influenced by public demand as well. 

Conclusion

Immigration is an ongoing national debate, and public opinion plays an important role since it influences how citizens vote, which can impact immigration policy. When voters vote for a candidate, they impact not only the outcome of the election but also the policies making decisions as they support each candidate’s various policy priorities and statements made during the campaign. Public opinion can hold the government accountable, and by expressing their opinions, voters can make the government listen and take the appropriate action.

To learn more about the U.S. immigration system you can visit the American immigration council - which can help you understand different types of visa categories: Family-based immigration, Employment-Based Immigration, Refugees and Asylees, Diversity Visa Program, and other forms of Humanitarian Relief, and U.S. Citizenship. 

About the Author

Seng is an international student from Myanmar (Burma). She is in her senior year at Grand Valley State University and expects to graduate this April with a degree in International Relations. She is also an intern at LIA, and after graduation, she intends to take a gap year and intends to work in a refugee-related field before going to graduate school. 

References

Guild, Blair. “Poll: Most Americans Oppose Immigrant Family Separation.” CBS News, CBS Interactive, 18 June 2018, https://www.cbsnews.com/news/poll-most-americans-oppose-immigrant-family-separation/

Doherty, Carroll. “In 2018, Americans Broadly Supported Legal Status for Immigrants Brought to the U.S. Illegally as Children.” Pew Research Center, Pew Research Center, 17 June 2020, https://www.pewresearch.org/short-reads/2018/06/18/americans-broadly-support-legal-status-for-immigrants-brought-to-the-u-s-illegally-as-children-2/

Q&A: Trump Administration’s ‘Zero-Tolerance’ Immigration Policy.” Human Rights Watch, 28 Oct. 2020, https://www.hrw.org/news/2018/08/16/qa-trump-administrations-zero-tolerance-immigration-policy

“Family Separation-a Timeline.” Southern Poverty Law Center, 23 Mar. 2022, https://www.splcenter.org/news/2022/03/23/family-separation-timeline 

“How the United States Immigration System Works.” American Immigration Council, 11 Apr. 2022, https://www.americanimmigrationcouncil.org/research/how-united-states-immigration-system-works