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.