Immigrant Rights Movement and U.S. Immigration History Study Notes
THE IMMIGRANT RIGHTS MOVEMENT
The immigrant rights movement seeks to protect the rights of immigrants in the United States.
The phrase "Once an immigrant, ALWAYS a dreamer" emphasizes the continual aspirations of immigrants.
IMPORTANCE OF PLACE
Place is significant for justice in various aspects:
Physical/Geographic Location: The geographical setting influences the treatment and visibility of immigrant communities.
Cultural Connections: Immigrants often maintain connections to their cultural places, which can shape their experiences and identities.
Borders: Exist as both material (physical barriers) and immaterial (conceptual boundaries affecting integration).
Resource Distribution: Access to resources varies by location, impacting immigrant opportunities.
HISTORICAL CONTEXT OF US IMMIGRATION
IMMIGRATION IN THE US: FLUCTUATIONS AND CHANGES
Immigration patterns into the U.S. have evolved over time, signifying changes in laws, social attitudes, and global conditions.
Key Legislation:
Nationality Act of 1790:
Stipulated that only a “free white person” who was a property owner could become a citizen, required a 2-year residency and proof of “good character.”
Allowed children born to U.S. citizens outside the country to inherit citizenship.
IMMIGRATION WAVES
The U.S. has seen immigration in distinct waves, with periods of increased immigration (peaks) followed by decreased immigration (troughs).
Phases of Immigration:
Frontier Expansion
Industrialization
Immigration Pause post-1965
Major Sending Regions:
Northern and Western Europe
Southern and Eastern Europe
Asia and Latin America
KEY LEGISLATION
IMMIGRATION ACT OF 1924 (JOHNSON-REED ACT)
Context: Post-WWI, economic downturn, rise in immigration from Europe led to xenophobia.
Aim: Preserve U.S. homogeneity and utilize scientific eugenics ideas to shape policy.
Provisions:
Capped total immigration at 150,000.
Immigrants required to apply for and obtain visas prior to entering.
Established a U.S. Border Patrol.
Quota System:
Built from the Emergency Quota Act of 1921, quotas based on the 1890 U.S. census, allowing 2% from each national group.
Excluded countries from the Western Hemisphere.
Effect: Increased immigration from Northern/Western Europe, decreased from Southern/Eastern Europe, particularly targeting Jewish and Catholic individuals.
IMMIGRATION AND NATIONALITY ACT OF 1952 (MCCARRAN-WALTER ACT)
Context: Calls for immigration reform during the Red Scare.
Removed race restrictions but maintained a preference system for certain countries favoring Northern/Western Europe (85%).
Introduced criteria like family reunification and occupational skills.
Vetoed by President Truman but passed by Congress.
IMMIGRATION AND NATURALIZATION ACT OF 1965 (HART-CELLAR ACT)
Context: Influenced by the Civil Rights Movement and labor changes.
Abolished nationality quotas, emphasizing:
Family reunification (75% preference)
Employment/skills (20% preference)
Refugees (5% preference)
Introduced caps on immigration from the Western Hemisphere, changing dynamics of legal vs. illegal immigration.
IMMIGRATION TODAY
CURRENT STATUS
Legal Status:
Approximately 77% of immigrants have legal status.
27% are permanent residents.
Barriers to Citizenship:
Factors contributing to not applying include language barriers, lack of interest, and financial issues.
LABOR FORCE
Immigrants account for 17% of the total civilian workforce; undocumented labor constitutes 4.6%.
Use of Individual Taxpayer Identification Number (ITIN) prevalent among undocumented individuals.
GEOGRAPHICAL DISTRIBUTION
Distribution of Immigrants:
45% reside in states such as California (24%), Texas (11%), and Florida (10%).
Regional distribution:
West (34%)
South (34%)
Northeast (21%)
Midwest (11%)
DREAMERS AND THE DREAM ACT
The DREAM Act: Introduced in 2001 to provide a path to legal status for undocumented immigrants who were brought to the U.S. as children.
Requirements:
Background check and biometric identification.
Entry into the U.S. before age 16 and residency for at least five years.
Good moral character and education requirement (e.g., high school graduate).
US IMMIGRANT RIGHTS MOVEMENT (2004-PRESENT)
Emerged in response to anti-immigrant sentiments and the DREAM Act.
Aims to protect rights, address labor issues, access to education, and public services.
Organizations Involved:
Local service organizations, national advocacy groups (e.g., Fair Immigration Reform Movement), churches, and unions.
2006 IMMIGRATION PROTESTS
Background: Triggered by House approval of the Sensenbrenner Bill which criminalized undocumented status.
Protests took place nationwide; included:
Boycotts, marches, and school walkouts.
The protests emphasized collective action against anti-immigrant sentiment.
DACA PROGRAM
Instituted in response to the inability to pass the DREAM Act.
Eligibility Requirements:
Arrived before age 16 and have lived in the U.S. since June 2007.
Background checks and educational criteria.
Renewals required for continued protections (cost $495 every two years).
Impact:
91% of DACA recipients employed, with average hourly wage increase post-DACA.
Difficulties remain regarding pathways to citizenship and legal recognition.
Recent Developments:
Legal challenges to DACA led to a temporary halt in new applications and ongoing modifications discussed by the DHS.
LEGAL CHALLENGES AND CURRENT STATUS OF DACA
Current legal battles regarding DACA's legality continue to impact over 825,000 immigrants.
Federal government continues accepting renewals, but not new applications amidst legal uncertainty.
Emphasis on the influence of geographic location in accessing rights and the determination of immigrant protections.