The politics of immigration reform

The US is the target for international migration, now more than ever. Population growth and economic stragnation in the Third World are increasing the pressures for out-migration, and current immigration law is wholly incapable of responding to the ever increasing flow of illegal immigrants. Border apprehensions of illegal aliens in the US were up 40% during 1983, and total apprehensions reached 1.25 million by the year's end. Recent public opinion polls have disclosed that an overwhelming majority of the American public demands immigration reform, and yet we as a nation have been distinctly unwilling or unable to respond to this clear public sentiment. This paper discusses the politics of the "Simpson-Mazzoli" Immigration Reform and Control Act, previous immigration legislation, current counterproposals for US immigration policy, and the political realities of immigration reform.     

The "amnesty" aftermath: current policy issues stemming from the legalization programs of the 1986 Immigration Reform and Control Act

"The 1986 Immigration Reform and Control Act (IRCA) created two one-time only legalization programs affecting nearly 3 million undocumented immigrants. Legalization has produced important changes among immigrants and in immigration policy. These changes include new patterns of immigrant social and economic adaptation to the United States and new immigrant flows through family ties to IRCA-legalized aliens.... This article combines data from a longitudinal survey of the IRCA-legalized population with qualitative field data on current immigration issues from key informants in eight high-immigration metropolitan areas. It reviews the political evolution and early implementation of legalization, the current socioeconomic position of legalized aliens, and changes in the immigration ?policy space' resulting from legalization."     

Occupational status and mobility among undocumented immigrants by gender

Immigration has long been a national and state concern. The 1989 Legalized Population Survey (LPS-1) collected data on illegal immigrants to the US who subsequently became legalized aliens under the provisions of the 1986 Immigration Reform and Control Act. These data are used in a study assessing whether undocumented male and female immigrants improve their earnings and occupational status over time and the extent of variation in occupational status and mobility by gender and region. The data indicate that both undocumented men and women, on average, improved their earnings and occupational status between their first jobs in the US and their jobs just before applying for legalization under the 1986 Immigration Reform and Control Act. However, the earnings, occupational status, and occupational mobility of men were greater than for women.     

Resurgent Irish immigration to the U.S. in the 1980s and early 1990s: a socio-demographic profile

Irish immigration to the US has been motivated traditionally by a lack of employment opportunities at home. With the passage of the US Immigration and Nationality Act of 1965, however, Irish immigrants were no longer explicitly favoured. Family reunification became the primary path of entry, which worked against the Irish who had lost their immediate generational link with US residents.
During the severe Irish recession of 1980–85 a resurgence in Irish outflows resulted in a large undocumented Irish population in the US. Most of this population was later legalized as a result of special legislation that targeted the Irish. There have been concerns in Ireland that the outflow in the 1980s, unlike prior flows, included a high proportion of skilled persons, leading some to characterize the outflow as a "new wave".
This article uses US immigration data to assess how the occupational characteristics of recent Irish immigrants compare with prior immigrant cohorts and also examines how Irish immigrants are incorporated into the US economy.
Recent Irish immigrants to the US spanned the occupational spectrum: accountants, engineers, nurses and other professionals found a booming job market in the most advanced sectors of the US economy, while less skilled immigrants found jobs in the informal economy. While the number of entering Irish professionals increased, flows of the less skilled increased even more dramatically, resulting in an overall decline in the occupational selectivity of Irish immigrants.
The 1980–85 Irish recession has been followed by robust growth for more than a decade. Ireland is now experiencing a net inflow of persons, including many Irish professionals returning from the US. However, Ireland continues to experience a net outflow of the young and less skilled which may once again result in a large undocumented Irish presence in the US.     

One century of foreign immigration to the United States: 1880-1979

Due to declining fertility rates and increased numbers of immigrants, legal foreign immigration now comprises 1/4 of the US's annual population growth. This article uses 1900-1979 Immigration and Naturalization Service data on immigrants' intended destination to examine immigration policy and its effect on immigrants and the American people. From the US's beginnings to the 1880s, immigrants came mainly from Great Britain, Germany, and other Northern and Western European countries, in the 1890s; over 70% of immigrants came from Italy, Austria, Hungary, Russia, and Germany. Immigration had peaked at over 1 million persons a year at the outbreak of World War I, then declined sharply, and rose again greatly during the first 2 decades of the 20th Century. The first significant legislation to restrict ethnic groups was in the early 1880s with the Chinese Exclusion Act; In 1924, Congress passed the 2nd Immigration and Naturalization Act which used the 1890 census to set quotas for ethnic groups, and later used the 1920 census to fix quotas in the national origins system; both pieces of legislation favored Northern and Western Europeans. Immigration declined drastically during the 1930s and early 1940s, but the Displaced Persons Act, the War Brides Act, and 1950s legislation allowed more Asian refugees and some other ethnic groups to enter the country. The nationality origins quotas were eliminated in 1965, and were followed by dramatic changes in immigration character as persons from formerly low quota nations flooded into the US. 1976 and 1978 legislation made immigration still more equitable, and the Refugee Act of 1980 allowed admittance of 50,000 refugees with no regard for geographic or ideological biases. A preference system, in operation since 1924, has favored relatives of citizens and immigrants with certain skills. Females presently outnumber male immigrants, average immigrant age is 26.2 years, and over 1/2 of the immigrants since 1950 have been housewives, children, or others with no occupation. In the 1970s, 1 in 10 immigrants was a professional or technical worker, probably from Asia. In 1900, most immigrants headed for mainly northern, industrialized cities, especially New York. In recent years, too destinations have included New York, California, Washington, Texas, and Florida. Throughout the century, 3/5 immigrants went to only 5 states, so many states have received very few immigrants since 1900. Due to the amount spent on receiving refugees, and economic and job problems, many Americans think immigration should be greatly limited. Today's 1 million legal and illegal immigrants will continue to change the composition of the American population, as the long established Northern and Western European population declines.     

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996: an overview

"On September 30, 1996, President Clinton signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (1996 Act), Pub. L. No. 104-208, 110 Stat. 3009. After an intense lobbying effort by the business community, most provisions relating to legal immigration were omitted from the final bill. Instead, the 1996 Act focuses on illegal immigration reform and includes some of the toughest measures ever taken against illegal immigration." Aspects considered include border enforcement, penalities against alien smuggling and document fraud, deportation and exclusion proceedings, employer sanctions, welfare provisions, and changes to existing refugee and asylum procedures.     

The More Things Change the More They Stay the Same: Mexican Naturalization before and after Welfare Reform1

During the last decade there has been a dramatic increase in the both the number and the rate of Mexican naturalization. Some have interpreted this increase as a response to changes in welfare and immigration policy surrounding the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which limited public assistance to non‐citizens, and the 1996 Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which may have increased the incentive to naturalize by making it more difficult for legal immigrants to sponsor their relatives for entry to the United States. This article uses Current Population Survey data from 1994/95 and 2000/01 to examine how the social and economic determinants of naturalization may have changed in order to provide insight into which explanation for the increase in naturalizations is most relevant. We find that while the proportion of Mexican immigrants who are naturalized increased during the 1990s, their determinants have remained largely the same with the exception that those with noncitizen spouses have become more likely to be naturalized in the post‐reform period. This suggests that a more cautious interpretation be taken about the relationship between the increase in naturalizations and welfare and sponsorship restrictions, particularly when regarding Mexican immigrants.     

Family reunification and Philippine migration to the United States: the immigrants' perspective

This article focuses on the impact of the family reunification provisions in the US immigration policy for legal immigration from the Philippines. Immigration and Naturalization Service data on the changing pattern of Philippine immigration to the US between 1971 and 1984 show an increase of nearly 2 1/2 times in the number of immediate family members exempt from numerical limitations, a doubling in the number of immigrants entering under family preference categories, but a marked decline in the number of occupational preference immigrants. Immigration-related plans, behavior, and characteristics from the immigrants' perspective are also analyzed. A family unification policy-based typology has been constructed to categorize intended and actual immigrants to the US. Using this typology, systematic differences are reported for out-migration plans, family contacts, the immigration process, and the characteristics of intended and actual immigrants. While political and economic system competition and inequality are contextual factors for international migration, from the immigrants' perspective, joining family members by means of the family reunification provisions of the US immigration policy is the dominant explanation for legal immigration to the US in a sample of 1340 adults in Philippine households in 1982.     

Changing U.S. immigration law and the occupational selectivity of Asian immigrants

This study explored the relationship between US immigration laws and their impact on the immigration of Asian professionals. The article relied on a 1996 Population Association presentation. Data were obtained from the US Immigration and Naturalization Service on legally admitted immigrants to the US. The authors describe the paths to admission, trends in immigration of professionals during 1972-94, and the Immigration Act of 1965 and its 4 amendments. Standardization-decomposition techniques are used to explain the relative differences in professional immigration across 1972-77, 1978-91, and 1992-94. The crude professional rate for all Asians declined by 19% during 1972-91. 62% of the decline was due to changes in the class of admission composition, and 25% was due to a decline in the class-specific professional rates. During 1992-94, the Asian crude professional rate increased 7%, most of which was due to changes in class composition, with the exception of Korean rates. Only the Vietnamese experienced a decline in rates. The 1965 law allowed for equity between countries in admission. The paths of immigration were family ties, job skills, or refugee status. During 1972-77, Chinese took advantage of family reunification, and Indians entered on employment preferences. The legal changes affected the size and share of each class of admission. The revisions indirectly affected the occupational selectivity of immigrant groups. 27% of the flow of Asians during 1972-77 was accounted for by employment preferences. Professionals were 44% of Asian immigrants during 1972-77, 26% during 1978-91, and 33% during 1992-94.     

Physician-nurse migration to the United States: regional and health status origins in relation to legislation and policy

This article examines the origins of physicians and nurses who were admitted as permanent immigrants to the US from 1962-1979. Data are mainly from the Immigration and Naturalization Service. Countries used in the developmental analysis are only those whose population was estimated at 1 million or more as of mid-1979, encompassing 99% of the physicians and 97% of the nurses. Life expectancy at birth is the criterion used to differentiate origin countries by developmental dimension of health status. During the study period, health workers constituted about 30% of immigrants admitted to the US; of these, nurses and physicians constituted 72-82% throughout the study period. The period 1962-1979 has 4 distinct phases, marked by important legislative and/or policy changes; 1) 1962-1965, when the McCarran-Walter Act prevailed; 2) ending in 1968, the 2nd phase covers the transition mandated under the 1965 Immigration Act, which encouraged physician immigration; 3) the 3rd phase, 1969-1976, covers the transition to the 1976 Immigration and Nationality Act amendments; and 4) the 4th stage is 1977-1979. Results show that 1) under the McCarran-Walter Act, North America became the dominant physician source; 2) from 1966-1968, Asia attained dominance as the physician source and became even more predominant after 1968; 3) North America produced relatively few physicians in the early 1970s; 4) Europe produced substantially fewer physicians in the 1970s than in the 1960s; 5) South America, Africa, and Oceania were the lowest contributors of physicians; 6) during the McCarran-Walter years, North America and Europe produced almost 90% of nurses admitted into the US; 7) the 1965 Immigration Act and its aftermath resulted in Asia becoming the dominant source of nurses; 8) prior to the 1965 Immigration Act, Canada generated 20% of the aggregate number of physicians; 9) the Philippines surpassed Canada during the transition and India led after the transition; and 10) Canada supplied 30% of the nurses up through the transition, with the Philippines in the lead 1969-1979. Low health status countries were a relatively minor nurse source. Health status at the origin was a far less significant determinant of physician immigration than that of nurses. English language high and low health status country groups produced substantially more physician and nurse immigrants that their corresponding non-English language counterparts. The US attracted more physicians and nurses from less developed countries than more developed countries after 1968.     

Interests Aren’t Everything: An Exploration of Economic Explanations of Immigration Policy in a New Destination

Current debates around US immigration policy are playing out against a backdrop that has changed significantly in the past 20 years: immigrants have increasingly gravitated towards “new destinations”; a large and growing portion of immigrants are undocumented; and the federal vacuum in responding to the promise and problems of these new immigration trends has devolved policy to the states. As a result, we have seen innovation on the state level as policymakers seek to accommodate, welcome or resist immigration, with varying degrees of success. In this paper, we explore the case of Utah as a new immigration destination, seeking to understand its transformation from a state with very inclusive immigrant policies as late as 1999 to one currently adopting highly restrictive immigrant policies. To explain this trajectory, we test three prominent materialist theories of public policy: instrumentalism, structuralism and strategic-relational approaches. We draw on a decade’s worth of primary data – including data on state-level legislation, key economic indicators, public statements concerning immigration from the private business sector and the LDS Church, and the editorial content of the state’s two major newspapers regarding immigration – to examine the policy explanations that grow out of interest-based theories of the state. Whereas these theories provide robust explanations for a large and diverse array of public policies, we find that they fall short in explaining immigration policy. While conventional wisdom – and extensive scholarly research – suggests that economic interests drive policy, we find that the policies around immigrants challenge this economic reductionism, suggesting the need for more complex and ideational accounts of this important phenomenon.     

Framing and immigration through the trump era

For the last decade, undocumented or illegal immigration has been one of the most contested policy issues in the United States, with significant news attention on policies affecting the undocumented population, ranging from deportations to comprehensive immigration reform, the DREAM Act, and Deferred Action for Childhood Arrivals. Despite these prominent and multifaceted policy debates, scholarship on media framing and public opinion remain more focused on the portrayal of immigrants rather than policies affecting them. In general, scholars find that policy frames are far more consequential to public opinion than equivalency frames (variations in how news media describe unauthorized immigrants, either as “illegal” or “undocumented”) or episodic frames (whether news articles are heavy on human‐interest stories rather than policy facts and statistics). Also, negative frames generally have stronger effects than positive frames, and these effects sometimes vary by partisanship and family migration history. Finally, the relative infrequency of powerful frames in news stories, like a life spent in the United States, provides opportunities for advocates to move public opinion on immigration policy. These findings have important implications for future battles over immigration policy in the United States, which show no signs of abating.     

International migration statistics in Mexico

During the past decade, Mexico has experienced both large-scale emigration directly, mostly to the US, and the mass immigration of Central American refugees. The implementation of the US Immigration and Control Act of 1986 and the possible escalation of armed conflicts in Central America may result in expanded inflows either of returning citizens or of new refugee waves. To develop appropriate policy responses, Mexico needs reliable information on international migration flows. This research note reviews available sources of that information--arrival and departure statistics, population censuses, refugee censuses, and survey data--and concludes that most of them are relatively weak. Currently, the published data on entries and departures provide little information on the demographic impact of legal migration, although they suggest that the inflow of foreigners is small. The census corroborates such findings, but it yields inadequate demographic detail. The movement of Mexican nationals, on the other hand, is poorly reflected by both sources. The void they leave has been palliated somewhat by surveys, but the only nationally representative survey on emigration was carried out in the late 1970s and might be a less than ideal basis for current policy formulation. It is hoped that as the relevance of international migration becomes more evident, steps towards the improvement of existing statistical systems may be undertaken. In the absence of such measures, policy-makers and researchers will have to continue relying on ad hoc surveys to answer the most pressing questions on the subject.     

An elusive concept: the changing definition of illegal immigrant in the practice of immigration control in the United Kingdom

This paper examines changing concepts of immigration practice in the UK. Immigration control at the port of entry has extended to internal control within the UK. The burden of proof of legality of status is increasingly on the immigrant, against a background of administrative rather than criminal justice. The changing and broadening definition of illegal immigration in the UK is part of a set of policies, which are governmental responses to what is conceived of as public opinion. THE GUARDIAN suggested that the Home Office has tightened up its application of the rules as the price to the Tory Right for their silence over further changes to the immigration law, thus demonstrating the political aspects of the concept of illegality. The Home Office replied that the UK was now one of the most densely populated countries in Europe and that, in terms of services, the country simply could not support all those who would like to come there. Nor can more than a certain number of newcomers be absorbed by any host community without the risk of friction. However, the host community is now multi-ethnic, and there is a black vote. The growth of administrative justice against which there is little effective appeal, the retrospective application of the 1971 Immigration Act, the ever-widening definition of the concept of illegality along with the fact that there is no time limit under the 1971 Act for one of the most common offenses, that of over-staying, have given rise to an increasing number of campaigns in support of individuals or families. These campaigns against the deportation of "illegal" immigrants may be an indication of a change in public opinion.     

De facto immigration enforcement,ICE raid awareness,and worker engagement

We explore whether fear of apprehension affects immigrants' labor market engagement by examining how Immigration and Customs Enforcement (ICE) removals due to immigration violations and increased awareness of immigration raids impact their labor market outcomes. We find that ICE deportations are associated with reductions in the labor force participation and employment of likely undocumented immigrants when compared to similarly skilled foreign-born US citizens. Effects are particularly strong among women, especially those with children, as well as in industries likely targeted by ICE raids. Controlling for perceived threats and de jure immigration policies has little impact on these results.     

From 'White Australia' to 'part of Asia': recent shifts in Australian immigration policy towards the region

This article examines migration policy in Australia with reference to the "White Australia" policy prior to 1975 and the multicultural policy thereafter. Mass immigration has not caused major social tensions. Mass tourism has been welcomed. Australian attitudes have changed from fear of massive numbers of Asians and mass poverty and ignorance to multiculturalism. Suspicious attitudes toward Asians, however, are still present among a minority of Australians. The most influential arguments against Asians are the concerns about employment of new arrivals and the environmental impact of an increasing population. Although there are many cultural differences, Australia is linked to Singapore, Malaysia, and the Philippines in that all have a history of British or American influence. Educated Indians and Sri Lankans are linked to Australians by their common language and Christian religion. The integration of Asians in the business and financial community holds the potential for economic gain over the years. The author finds that the Australian relationship to Asia is more acceptable in public arenas than the comparable changing relationship between Britain and Europe. The roots of a Whites-only policy extend back to 1901, when the Commonwealth Immigration Restriction Act was ratified. The exclusion of non-European immigrants was not specified in the law. The mechanism for exclusion was included in the law. Undesirable immigrants could be excluded. Under mass migration programs after 1947 the population of non-English speaking Europeans increased. By 1973 government shifted from an assimilationist approach to a multicultural approach due to pressure from the Department of Foreign Affairs. Numerous historical events occurring during 1942-80 drew Australia out of its isolationist position in the world. At present about 25% of the total population are of non-British origin. Over 900,000 would have been excluded under the old migration policy. In 1991, 665,315 persons were born in Asia, of which the largest numbers came from Mainland China, Malaysia, and the Philippines. Asian immigrants are either refugees from Viet Nam, Cambodia, and Laos or voluntary Asian immigrants.     

Immigration and cultural policies: a bone of contention between the Province of Quebec and the Canadian federal government

"This article addresses the way in which the Province of Quebec has obtained increasing power in the area of immigration.... Data from interviews with key members of [the Ministry of Immigration] and from selected documents are drawn on to illustrate Quebec's cultural politics. The Quebec position on the question of immigration as it has evolved in the context of immigration policies defined by the federal government in Ottawa is examined.... In particular, the present article considers how attempts to construct a cultural identity and a nation-state in Quebec have had important consequences for immigration policy and for attitudes and policies concerning Quebec's cultural minorities. The emergence of the notion of 'cultural communities' as a result of the constitutional rivalry and the on-going struggle for legitimacy between Quebec and Ottawa is also explored."     

Immigration reform,American style

This article reviews the background of the proposed Immigration and Reform Act (also known as the Simpson-Mazzoli bill), which seeks to overhaul US immigration law for the first time since 1952. This bill is consistent with President Reagan's hard line on border enforcement and mandates stiff penalties for those who transport illegal aliens for commercial advantage or private profit. It further offers Mexico preferential treatment in immigration (40,000 additional visas/year). It includes an amnesty program to offer legal status to qualified illegal residents. The bill directs the President to develop a secure national worker identification system and would create a large-scale temporary foreign agricultural program for perishable commodities. Agricultural workers' families would not be eligible to accompany them unless they also obtain temporary visas. Foreign temporary workers, employable only in cases where local domestic workers are not available, must be provided with wages and working conditions equal to those prevailing among domestic workers. Stiff penalties are stipulated for employers who fail to abide with the terms of the program. In the author's opinion, this bill fails to appreciate the global character of international migration and its complexity. It relects a fundamental ambivalence about a strictly controlled main gate versus a back door approach to immigration as well as the conflicting images of the US as a nation of immigrants versus the historical reality of American nativism and xenophobia. Needed are comprehensive initiatives whose mutually reinforcing components can address the multiple dimensions of the immigration problem within a framework that does not ignore workers who have contributed to the economic well-being of the US, regardless of their legal status.     

Immigration Policy in Australia,Canada, New Zealand,and the United States: An Overview of Recent Trends

Immigration policies in most host nations of the west have undergone significant changes in recent years. Based on the four country‐specific papers that appear in this section of the journal, and also on our own research, we present an overview of these changes and their context. In all countries, economic considerations play a central role in shaping immigration policy and greater importance is given to scientific research. Several common policy changes are noted in Australia, Canada and New Zealand which include: a shift away from a human capital focus toward more targeted selection based on labor market demand for specific skills, increased emphasis on temporary foreign worker programs, attraction of international students, an overhauling of the refugee system, and regionalization of immigration. In the U.S., while adoption of some of these changes has often surfaced in public policy and academic discussions, legalization of unauthorized migrants remains an important policy debate, with recent arguments focusing on the economic benefits of legalization.     

Overlooking/Looking Over Neoliberal Immigration: Amnesty Policy in the ‘Nation of Immigrants’

In the self-proclaimed ‘nation of immigrants’, a struggle for power plays out in US immigration law. This article examines such a struggle in the context of rising neoliberalism. As president Ronald Reagan set out to revolutionize America with the deregulation of the economy, privatization, and the globalization of capitalist democracy, pundits claimed that the country was experiencing a Mexican illegal immigration crisis that pivoted on Mexican women's fecundity and abuse of social services. Yet along with punitive provisions, the first US law to directly address undocumented migration, the Immigration Reform and Control Act of 1986 (IRCA) included an amnesty programme widely praised as a democratic watershed for the undocumented. Consequently, ‘multicultural’ immigrant men and women seemed to be embraced, while in the same breath disciplined through discourses of respectability and criminality that secured both a pool of cheap immigrant labourers and minoritized citizens. More specifically, two strains of ‘nation of immigrants’ discourse that circulated around amnesty during the law-making process affectively (and effectively) framed America as the globally exceptional guarantor of democratic rights, inclusivity, and equal access to economic opportunity for citizens. On one hand, discourse that welcomed and celebrated an abstracted immigrant subject who was free to succeed on the basis of individual hard work was coded as the epitome of Americanism. On the other hand, discourse that welcomed explicitly racialized and gendered immigrants who were free to succeed on the basis of their hard work was coded as emblematically American. In this case respectable tokens of multiculturalism (i.e. immigrants of colour and especially immigrant women of colour who upheld traditional family values) evidenced American inclusivity. This article argues that both strains of ‘nation of immigrants’ discourse naturalized a relationship between citizenship, freedom, and free markets and thus powerfully masked the exploitative social relations key to neoliberal economic arrangements.