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=Immigration Policy in the United States= by Anna, Betsy, and Lauren


 * Immigration** refers to the movement of people from their native land to a country in which they are not residents. **Immigration policy** is actions taken by policymakers to regulate matters related to immigration, such as the rules for becoming a citizen, the ways in which to immigrate, and the number of immigrants from each country allowed to enter the U.S. The U.S. has also created policies related to illegal immigration.

History of U.S. Immigration Policy
1492: Columbus reaches the Americas 1502: Africans are brought as slaves to the island of Hispanola (present-day Dominican Republic/Haiti) by the Spanish 1619: First Africans arrive at Jamestown, Virginia, as indentured servants. 1700-1776: Europeans arrive 1750: Population reaches more than one million. __1790: Naturalization Act of 1790:__ restricted naturalization to "free white persons" of "good moral character" who had resided in the country for two years and had kept their current state of residence for a year. __1798: Alien and Sedition Acts of 1798__: a combined set of acts aimed at raising residency requirements for citizenship from 5 to 14 years, authorized the President to deport aliens, and permitted their arrest, imprisonment, and deportation during wartime __1808: Congress makes it illegal to bring slaves to the United States.__ 1820-1870: About 7.5 million arrive, - northern and western Europe - Great Britain, Ireland, and western Germany 1840: Wave of Irish immigrants arrives, escaping famine because of potato crop failure 1848: Discovery of gold results in Chinese and Latin American immigrants coming to the west coast 1881-1920: Nearly 23.5 million arrive, mainly from southern and eastern Europe - Austro-Hungary, Italy, and Russia __1882: Chinese Exclusion Act__ is passed to prevent Chinese workers from immigrating 1892: Ellis Island opens __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 U.S. 1914: World War I inspires strong anti-immigration feelings __1917: Congress requires immigrants to pass literacy tests 1921: Emergency Quota Act 1924: Immigration Act of 1924 -__ Congress limits number of immigrants by nationality, including southern and eastern Europe. 1930-1964: Immigration declines due to restrictive laws, the Great Depression, World War II, and the Cold War. __1940: The Alien Registration Act:__ required all aliens (non-U.S. citizens) within the United States to register with the Government and receive an Alien Registration Receipt Card (the predecessor of the "green card"). 1945: Puerto Ricans begin to arrive __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. 1954: Ellis Island closes __1965: Immigration Act of 1965__ ends quota based on nationality. Immigration from Asia and West Indies increases. __1968: Act: Eliminated US immigration discrimination based on race, place of birth, sex and residence. It also officially abolished restrictions on ‘Oriental’ US immigration.__ __1986: Immigration Reform and Control Act__ forbids hiring of illegal immigrants; helps them become legal immigrants. __1990 - The Immigration Act of 1990__ sets an annual ceiling of 700,000 immigrants per year to enter the U.S. for the next three years and an annual ceiling of 675,000 per year for every year after 1996 - The Illegal Immigration Reform and Immigrant Responsibility Act makes it easier to deport aliens attempting to enter the U.S. without proper documents __2001: USA Patriot Act 2001__: purported to unite and strengthen America by providing appropriate tools required to intercept and obstruct terrorism. __2003: 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). __2005: Real ID Act 2005:__ creates a de facto national identification card. It is a law imposing federal technological standards and verification procedures on state driver's licenses and identification cards and would become mandatory as those without the card would face suspicion and increased scrutiny [12][13][14][15]
 * __Colonial:__**
 * __First immigrant wave:__**
 * __Second immigrant wave:__**
 * __Third immigrant wave:__**
 * __Post-1965:__**

Legislative, Judicial, and Executive Policymaking Actions
Legislative: Congress creates new acts, which are carried out by the executive branch. (listed in timeline) Executive: The Department of Homeland Security · Includes the United States Citizenship and Immigration Services · Improves Access to Information and Resources for New Immigrants · Encourages Volunteerism Among U.S. Citizens and New Immigrants · Provides Training and Technical Resources to Organizations that Serve Immigrants · Gathers Input and Provide Recommendations on Successful Integration Practices Judicial The Immigration Court is a separate court system run by the U.S. Department of Justice. · deals with immigration-related issues · have broad authority over cases brought before the court · have the ability to make decisions on whether someone is removable or deportable · can stop a deportation, offer asylum, or grant protection under the Convention Against Torture · review evaluations of foreign nationals made by the Department of Homeland Security (DHS) · have the power to take actions that assists them with the above tasks · can rule on motions, issue subpoenas, and order pre-trial conferences · can not visa petitions and employment authorizations · Can not have the ability to either accept or revoke naturalization.

Looking at the interrelated activities of the branches of government: What happens to an illegal immigrant when caught?

[11]
 * Executive || Picked up by cops ||
 * || Wait in a detention center ||
 * Judiciary || If they do not sign a form stating they are illegal, they must stay in jail to wait a hearing from a judge ||
 * Judiciary || They may request to leave voluntarily (not deportation) ||
 * Executive || If they do sign the form and do not request a hearing, they are put on a bus or plane and sent to a designated spot in their country ||
 * Legislative || Creates the laws that are executed during throughout the process ||

**Role of Non-governmental Groups in the Policy Process**
A non-governmental organization is a legally constituted, non-governmental organization created by natural or legal persons with no participation or representation of any government, basically meaning an organization that is not part of the local or state or federal government. If the NGO is funded in any way by the government, then the organization shows its non-governmental status by entirely excluding all government representatives from membership in the organization. NGOs exist for a variety of reasons, usually to further the political or social goals of their members or funders. Examples NGO goals include improving the state of the natural environment, encouraging the observance of human rights , improving the welfare of the disadvantaged, or representing a corporate agenda. However, there are also a huge number of such organizations and their goals cover a broad range of political and philosophical positions. NGOs vary in their methods. Some act primarily as lobbyists, while others primarily conduct programs and activities to influence the targeted policy process. CIEJ (Citizens and Immigrants for Equal Justice) is a coalition of American/Legal resident families facing permanent separation due to the 1996 immigration acts AEDPA (Antiterrorism and Effective Death Penalty Act), and IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act). The Hebrew Immigrant Aid Society has had an extraordinary impact on millions of Jews. For generation after generation, HIAS has provided essential lifesaving services to world Jewry, through its mission of rescue, reunion and resettlement. As a part of the American Civil Liberties Union, Immigrant Rights works with the attitude that "No Human Being is Illegal". Catholic Legal Immigration Network Incorporation works to enhance and expand delivery of legal services to indigent and low-income immigrants principally through immigration programs and to meet the immigration needs identified by the Catholic Church in the United States. National Lawyers Guild - National Immigration Project is today, one of the few national-level, legal support groups that specializes in defending the rights of immigrants facing incarceration and deportation. The National Immigration Forum is prepared to build broad and cohesive coalitions, execute a highly disciplined legislative strategy, and witness and celebrate the passage of immigration legislation that positively impacts the lives of millions of Americans and New Americans. The National Network for Immigrant and Refugee Rights (NNIRR) is a national organization composed of local coalitions and immigrant, refugee, community, religious, civil rights and labor organizations and activists. It serves as a forum to share information and analysis, to educate communities and the general public, and to develop and coordinate plans of action on important immigrant and refugee issues. It works to promote a just immigration and refugee policy in the United States and to defend and expand the rights of all immigrants and refugees, regardless of immigration status.

Impact of Immigration Policy on the American Public
The more contact a native-born American has with immigrants, typically the more positive view of immigrants one has. The less contact a native-born American has with immigrants, the more likely one would have a negative view of immigrants. Benjamin Franklin opposed German immigration, stating that they would not assimilate into the culture. Irish immigration was opposed in the 1850s by the Know Nothing movement, originating in New York in 1843. It was engendered by popular fears that the country was being overwhelmed by Irish Catholic immigrants. In 1891, a lynch mob stormed a local jail and hanged several Italians following the acquittal of several Sicilian immigrants alleged to be involved in the murder of New Orleans police chief. The Congress passed the Emergency Quota Act in 1921, followed by the Immigration Act of 1924. The Immigration Act of 1924 was aimed at further restricting the Southern and Eastern Europeans who had begun to enter the country in large numbers beginning in the 1890s. Systematic bias against Japanese and German immigrants emerged during and after World War II. Irish and Jewish immigrants were popular targets early in the 20th century and most recently immigrants from Latin American countries are often viewed with hostility. Some Americans have not completely adjusted to the largely non-European immigration and racism does occur. After September 11, many Middle Eastern immigrants and those perceived to be of Middle Eastern origins were targets of hate crimes. Minority racism, on the other hand, is sometimes considered controversial because of theories of power in society. Racist thinking among and between minority groups does occur, examples of this are conflicts between blacks and Korean immigrants, notably in the 1992 Los Angeles Riots, or between African Americans and the mostly non-white Latino immigrants. There has been a long running racial tension between African American and Mexican prison gangs and significant riots in California prisons where Mexican inmates and African Americans have targeted each other particularly, based on racial reasons. There have been reports of racially motivated attacks against African Americans who have moved into neighborhoods occupied mostly by people of Mexican descent, and vice versa. There has also been an increase in violence between European Americans and Latino immigrants, and between African immigrants and African Americans. There are also tensions between native-born Hispanic Americans and newly-arrived Latino immigrants .

Current Immigration Policy
Current immigration policy is expressed through the following laws and acted upon by several government agencies.

**Immigration and Nationality Act of 1952**
The INA helps define current immigration in the U.S. This law removed racial restrictions that previous laws had established for immigration, but created a quota of immigrants from each desirable country to enter the U.S. The INA established the following types of immigrants: The Act allows the government to deport immigrants who commit crimes, as well as keep suspected criminals from entering the country. [2]
 * 1) immigrants who are related to U.S. citizens who were exempt from quotas and able to be admitted without restrictions, or immigrants with special skills
 * 2) normal immigrants whose number cannot exceed 270,000 per year.
 * 3) refugees

"The Immigration and Nationality Act of 1952 requires an alien to apply for a petition for naturalization. This form may be obtained from any office of the Immigration and Naturalization Service, a division of the Department of Justice, or from any court authorized to naturalize aliens. Before applying, an alien must be at least 18 years old and must have been lawfully admitted to live permanently in the United States. He must have lived in the United States for five years and for the last six months in the state where he seeks to be naturalized. In some cases, he need only have lived three years in the United States. He must be of good moral character and "attached to the pri​nciples of the Constitution". The law states that an alien is not of good moral character if he is a drunkard, has committed adultery, has more than one wife, makes his living by gambling, has lied to the Immigration and Naturalization Service, has been in jail more than 180 days for any reason during his five years in the United States, or is a convicted murderer." [1]

**Title 8 of the U.S. Code**
Title 8 outlines the role of immigrants in the U.S. Code. Title 8 establishes many services dealing with immigration, including the INS (which became obsolete in 2003) and border security. [3]

**U.S. Citizenship and Immigration Services**
This bureau of the Department of Homeland Security replaced the INS in 2003. USCIS oversees lawful immigration to the U.S. and performs many duties such as naturalization tests, visa help, legal advice to immigrants and potential immigrants, and the forms and resources needed to immigrate legally to the U.S. [4]

**Other Immigration Reform Laws**
Problems with illegal immigration forced Congress to pass the Immigration Reform and Control Act (IRCA) of 1986. The IRCA added criminal sanctions for employers who hire illegal immigrants (or "undocumented workers"), denied illegal immigrants welfare benefits, and legalized some aliens through an amnesty program.

The Immigration Marriage Fraud Amendments was passed in 1986 as an attempt to eliminate fraudulent marriages designed to allow an illegal alien to obtain citizenship.

The Immigration Act of 1990 revised the INA in that it made the allocation of visas across foreign nations equal, removed ineffective old policies, and encouraged immigration from almost all countries worldwide.

Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 changed the term "entry" to "admission" in immigration policy. Applications for admission to the country occur when the immigrant arrives in the country.

Real ID Act 2005: See the time line in the history section above for details.

**Visas**
The government issues both immigrant and non-immigrant visas to those seeking entry to the nation each year. There are many various types of visas depending on an immigrant's situation. Examples of non-immigrant visas would be for those who are coming to the country as visitors for a short period of time (such as a month or two), and those who are engaging in short term business visits. Immigrant visas could be permanent or for a certain period of time (such as a student visa, which would be issued for the length of one's studies). [9]

**Deportation and Border Security**
Illegal immigrants are required to be immediately deported once they have been apprehended. The U.S. Immigration and Customs Enforcement (ICE) handles all deportation, intelligence, and investigations of illegal aliens. Border patrol is currently headed by an agency within Homeland Security called U.S. Customs and Border Enforcement. [9]

**Refugees**
The Refugee Act of 1990 outlines U.S. policy towards refugees. Because of the Geneva Convention, refugees cannot reside in the U.S. only short term. Refugees are individuals with a justified fear of remaining in their home country because of active persecution on grounds of race, ethnicity, religion, and belonging to a particular group. Refugee applicants are required to provide evidence of active persecution in their home country in order to seek asylum in the U.S. The president determines the number of refugees who will be allowed into the country each year. [10]

**Suggested Changes to Current Policy**
Current immigration policy does not seem to be sufficient when faced with the rising concerns presented by illegal immigration. The current policy does not and cannot effectively handle the growing number of immigrants who have entered the nation illegally; it is rather absurd to expect all illegal immigrants to be rounded up and deported.

Another criticism of the current policy is that the process by which one can become a citizen or a legal immigrant is too strenuous. The process of becoming a legal immigrant in the U.S. is indeed rather expensive, time consuming, and riddled with uncertainties. Naturalization is even more difficult if one is not related to a U.S. citizen, or is not marrying a U.S. citizen (several fraudulent marriages have stemmed from this issue). Furthermore, the naturalization test itself has been criticized as having insignificant questions that even most natural born citizens would be incapable of answering.

Other criticisms include the lack of a language requirement and the failure of the quota system. Countries with more applicants for immigration are not given high enough quotas, whereas countries with few potential immigrants are given larger quotas.

Suggested changes to current policy include:
 * The added requirement of at least some knowledge of the English language (or the intention to learn English) applied to certain visas and to all applications for citizenship.
 * Reducing or removing the wait period for those applicants who have lived legally in the U.S. but have not necessarily been permanent residents (children of U.S. citizens, immigrants living under different visas, etc) to become citizens.
 * Revising the naturalization test so that questions are relevant to citizenship (more of an emphasis on U.S. government and the Constitution, with a lighter emphasis on history).
 * Reducing or removing the wait period for applicants to become permanent residents who currently reside in the U.S. for other legal reasons.
 * Simplifying and streamlining the immigration process, while removing unnecessary costs for immigration applicants.
 * Revising the quota system to reflect current immigration statistics and desires of each country at least every three years.
 * Increased border security