In Search of the American Dream: The History Behind the Migration - A Review of US Immigration Policy

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Oct 29, 2021
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In 1908, a play called “The Melting Pot,” by Israel Zangwill premiered in Washington, DC. The play depicted the reality of diverse races coming together to form one American race. Unbeknownst to Zangwill and the people living in this time, the term “melting pot” would later be used to describe one of the world’s most powerful nations. This term is now used to characterize the United States as a place filled with a variety of people, races, and cultures — a phenomenon that would only result from mass migration into the country. Immigration has, since then, been a greatly debated topic. A nation that boasts in having more immigrants than any other country in the world, has also struggled to keep its doors open to those in search of the American dream.

Immigration policies in the country have drastically changed since its first migrants entered the land. From ease of arrival to barred access, migration into the United States has seen several forms. By the 17th century, the western land had been predominantly immigrated by eastern, European travelers. At that time, Native Americans had been dwelling on the land. The Europeans settled and built communities in territories now known as Florida, Virginia, New York and Delaware among others. The motives for these travelers included opportunity and financial freedoms; but the history behind the migration of others, had to do with slavery, where hundreds of thousands of enslaved Africans had been transported against their will. In 1717, the British Parliament enacted the Transportation Act that allowed English courts to transport convicted criminals into the United States. During this time, the formed colonies would regulate immigration by inhibiting the entry of the poor and raising taxes. In the 1700s, the rights to citizenship were questioned and debated, which led to the Naturalization Act of 1790. This act was the first law that defined eligibility requirements to become an American citizen. The Naturalization Act limited citizenship to any free, white person who was deemed of good, moral character and had been living in the US for over two years. The months that followed, the first US census took place. Out of almost four million people that were counted, the English were the largest ethnic group. By the 1800s, however, the demographic in the country shifted drastically. After the peace treaty between the US and Britain following the War of 1812, a wave of new immigrants surged. German and Irish immigrants accounted for over one-third of all immigrants during 1820 and 1860. In response to the rising number of German and Irish immigrants, the first anti-immigrant political party was formed — the Know Nothings. This group openly supported the deportation of immigrants, mainly poor and convicted immigrants. The Know Nothings sought to restore America into what they thought the country should look like.

In 1875 the Supreme Court declared immigration laws and enforcement would lie solely on the federal government in the case of Chy Lung v. Freeman. As immigration increased in the US, American workers began to feel threatened by immigrant workers. In 1882, the first significant law prohibiting the entry of a specific ethnic group passed — the Chinese Exclusion Act. This act banned the entry of any Chinese immigrant for ten years. The act also inhibited Chinese immigrants from obtaining citizenship.

Immigration restrictions began to expand after this. Laws and policies were set in place to further restrict the entry of foreign nationals into the country. The government formed a Federal Immigration Service to formally inspect those seeking entry into the US. Polygamists, convicted criminals and sick persons would be denied entry in the Immigration Act of 1891. With the establishment of the Federal Immigration Service, the first detention facility and immigration station was developed on Ellis Island in New York. In 1910, 75 percent of New York City’s population consisted of new immigrants alone. As time went on, more immigration acts were passed to limit entry across the US border. The Immigration Act of 1917 stalled the entry of mostly Asian immigrants, while the Immigration Act of 1924 limited the number of foreigners based on a yearly quota. This act also brought about the initiation of immigration visas, which were only approved for nationals from European countries. The US Border Patrol was established in 1924 to detain any illegal immigrant crossing the Mexican and Canadian borders. In 1986, however, the Simpson-Mazzoli Act, enacted by President Ronald Reagan, granted amnesty to millions of illegal immigrants.

Following the events of 9/11, new federal immigration agencies formed under the Department of Homeland Security (DHS), which included Immigration and Customs Enforcement (ICE), enforcing existing criminal and civil immigration laws. Congress also passed the USA Patriot Act in 2001 to punish terrorist acts and allow the attorney general to detain suspected illegal immigrants without charge or recourse to due process. In this year, the Development, Relief and Education of Alien Minors (DREAM) Act, was also proposed but not passed. The DREAM Act was developed to provide a pathway to citizenship to minors who had been brought illegally into the United States (Dreamers). While the DREAM Act did not pass, in 2012, the Deferred Action for Childhood Arrivals (DACA), was signed by President Barack Obama. This program would defer the deportation of over 700,000 Dreamers from the United States. However, in 2017, President Trump challenged the DACA program and ordered the Department of Homeland Security for its termination. The Supreme Court has not ruled over the issue, but current Dreamers will be shielded from deportation.

During the COVID-19 pandemic, immigration policies in the US and the entire world took a different turn, becoming among the most intense. Visa processes, immigration benefits, asylum appeals, and entries into the US, were virtually all discontinued. These bans, specifically Title 42, which denies the right of asylum, have also been backed by President Biden as a surge of Latin American and Haitian immigrants gather at the border.

As vaccines roll out and travel restrictions begin lifting, the world begins to take in the damage and collateral left behind by the Coronavirus, especially its effects on US immigration.

From surges of migration, to exorbitant amounts of deportations, to abrupt border closures, immigration in America has been a long, tumultuous road. Policies have been set in place since the 1600s to protect American citizens, as well as provide residence and accommodation to those seeking a better way of life. Not all legislatures, however, have proven to provide the best protection to the most vulnerable. America has a long journey ahead in immigration. Prioritization in healing the country and the damages brought upon by arbitrary immigration policies should be reviewed and addressed to fulfill the country's obligation of unity and diversity. With the “melting pot” ideology set at the heart of the US immigration system, America can realize one of its most famous and key mottos: E Pluribus Unum- “Out of Many, One.”

Sources:

https://www.history.com/topics/immigration/immigration-united-states-timeline

https://www.cato.org/policy-analysis/brief-history-us-immigration-policy-colonial-period-present-day

https://drexel.edu/dornsife/news/latest-news/2021/January/is-the-united-states-honoring-its-melting-pot-identity/

https://www.pewresearch.org/fact-tank/2020/08/20/key-findings-about-u-s-immigrants/

https://www.prb.org/resources/trends-in-migration-to-the-u-s/

https://immigrationhistory.org/item/1790-nationality-act/

https://www.uscis.gov/about-us/our-history/overview-of-ins-history/origins-of-the-federal-immigration-service

https://www.americanimmigrationcouncil.org/research/impact-covid-19-us-immigration-system

https://www.law.cornell.edu/supremecourt/text/92/275

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