Immigration

Originally published in June 2013.

Immigration – and public policies to manage it – arouses strong emotions and fierce social and political battles, not just in the United States but in most other countries across the world. Why is this true? Each nation has its own issues that inspire or enrage, of course, but there are widespread, underlying patterns that can be identified and taken into consideration by reformers.

Reformers trying to facilitate immigration are often locked in battles with groups that want to place limits on international migration. Combatants start from very different world views – not only emphasizing different values but almost speaking different languages. To avoid destructive backlashes, reformers must understand and respect the values and perspectives of all groups involved in public debates, as we can see from a closer look at the United States. more...

Originally posted June 29, 2016

In early September 2015, Blanca Borrego, an undocumented Latina immigrant accompanied by her two daughters, arrived at a women’s health clinic in Texas for a routine gynecological exam. Sitting in the waiting room for nearly two hours, Blanca’s anxiety and impatience grew to the point where she almost walked out of the office. Eventually, Blanca was met by local law enforcement officials who escorted her out of the clinic in handcuffs for allegedly using a forged driver’s license during patient intake. Blanca’s eight-year-old daughter watched in tears while her mother was taken away and a deputy told Blanca’s eldest daughter that their mother would face deportation. Blanca remains in county jail on a $35,000 bond.

Scenarios like Blanca’s – highlighting the impact of race, class, and immigration status on reproductive rights – are not always brought to the fore. Although reproductive rights activists say they advocate for all women, difficulties faced by white, middle-class, heterosexual women get more attention than those experienced by women of color, immigrant or transgender women, or those with disabilities. However, a movement for reproductive justice has emerged by and for women of color that offers new possibilities to bring previously neglected issues to light. Key challenges include tackling the reproductive experiences of Latinas – and looking for ways to do more to address their needs in reproductive health care and policy.A movement for reproductive justice has emerged by and for women of color.

Latina Realities

Understanding Latinas’ reproductive lives requires understanding how many forms of disadvantage intersect and create reinforcing disadvantages. more...

Originally published February 25, 2016

Most politicians and journalists discuss immigration laws and reforms – everything from comprehensive immigration reform to border fences – in ways that imply only individual immigrants are affected. But immigration laws that claim to target individuals in certain statuses – such as undocumented individuals – regularly have broader social consequences for families, neighborhoods, and work groups where, of course, immigrants and citizens are intertwined in daily life. This intermingling of citizens and immigrants is visible in all corners of American life, from university campuses to fast food restaurants and neighborhood parks. Immigration laws, especially punitive laws, affect those settings when co-workers and neighbors are deported or withdraw from social life in an attempt to avoid detection.

Nowhere are the reverberations of punitive immigration laws and policies more strongly felt than in family homes with immigrant parents, spouses, or children. Because families so often include people of different legal statuses, mixed-citizenship families provide a unique lens through which to study the true reach of laws regulating both citizenship and non-citizenship. Through these families’ experiences, we see the spectrum of immigration laws’ effects on families and communities. My research on mixed-citizenship couples allows me to explore the full range of direct and indirect effects of laws that appear to target only non-citizen immigrants but actually affect many citizens at the same time.Immigration laws regularly have broader social consequences for families, neighborhoods, and work groups where, of course, immigrants and citizens are intertwined in daily life. more...

Originally posted on September 28, 2015

Donald Trump has made immigration into a front-burner issue in the 2016 presidential election, in ways that encourage unworkable, politically hyped solutions appealing only to a hard-core minority of voters. Released on August 16, Trump’s six-page immigration program blended appeals to nationalism, populism, and nativism with sketchy policy ideas based on little understanding of the realities of U.S. immigration. Given Trump’s rise in the polls, the rest of the Republican primary field is reacting to his claims, so it is important to specify their inadequacies.

Repealing Birthright Citizenship

Taking a step that some other GOP candidates have been hesitant to fully endorse for fear of alienating Latino and moderate voters, Donald Trump declares that he would “end birthright citizenship” – the principle that babies born in the United States are automatically citizens. Trump wants to look tough on the “anchor baby” problem, the notion that undocumented pregnant women try to gain legal status by giving birth in the United States. The general public probably does not realize that the undocumented parents have to wait 21 years, until their child born in the U.S. grows up, to file an application on their behalf. Most immigrants come for jobs, not to have babies, so abolishing birthright citizenship would do little to reduce undocumented entries. In an equally deceptive move, Trump tries to make abolishing birthright citizenship sound easy, neglecting to mention that it would require amending the U.S. Constitution, a protracted process that has happened only 27 times in all of our nation’s history. Birthright citizenship was first established by the 14th Amendment to the Constitution adopted in 1877 to ensure full citizen status for African-American ex-slaves; and it was reaffirmed by the Supreme Court in 1898. more...

In the early morning hours on June 12, 2016, Omar Mateen killed dozens of patrons in a horrific mass shooting at a gay nightclub in Orlando, Florida. Mateen was a U.S.-born citizen of immigrant parents from Afghanistan, and during the attack he pledged allegiance to the international terrorist group Islamic State. The reaction of Republican presidential nominee Donald J. Trump was to reiterate his previously declared concerns about Muslims entering the United States.

Not only did Trump promise to suspend immigration from parts of the world tied to terrorism against the United States, he also charged that Muslim Americans were complicit, maintaining, “They know what is going on. They know that he was bad. They knew the people in San Bernardino were bad. But you know what, they didn’t turn them in and we had death and destruction.” Trump continued, “people who know what was going on, they knew exactly, but they used the excuse of racial profiling for not reporting it. Which was probably an excuse given to them by their lawyer so they don’t get in trouble.” A few days later, he called for increased surveillance of American mosques, saying, “We have to maybe check, respectfully, the mosques and we have to check other places because this is a problem that, if we don’t solve it, it’s going to eat our country alive.”

Trump’s remarks were criticized for lumping together all Muslims, immigrants and citizens, mainstream and radicalized. In its coverage of the speech, the New York Times wrote, “he was wagering that voters are stirred more by their fears of Islamic terrorism than any concerns they may have about his flouting traditions of tolerance and respect for religious diversity.” Observers wonder whether Trump is making an effective bet about Americans’ views. Many elected Republicans have distanced themselves from their candidate’s remarks, but what about the American public overall? As a political scientist who studies public opinion about policies related to the nation’s changing ethnic composition, I have given careful thought to this issue.Trump’s remarks after the Pulse shootings were criticized for lumping together all Muslims, immigrants and citizens, mainstream and radicalized. In its coverage, the New York Times wrote, “he was wagering that voters are stirred more by their fears of Islamic terrorism than any concerns they may have about his flouting traditions of tolerance and respect for religious diversity.” more...

One of the most important cases the Supreme Court reviewed this year was United States v. Texas, which ruled on challenges to two Obama administration initiatives – Deferred Action for Parents of Americans and Lawful Permanent Residents and an expanded Deferred Action for Childhood Arrivals program – that would have affected up to five million people. In November 2014, President Obama announced Executive Actions that included additional temporary protections for immigrants who arrived as children (also referred to as “DREAMERS”) and a new program for parents of U.S. citizens or lawful permanent residents. The programs would allow them to remain in the country and apply for work permits if they have been here for at least five years and have not committed felonies or repeated misdemeanors. These actions have been on hold since early 2015, when a district court issued a preliminary injunction in response to a challenge brought by Republican authorities in Texas and ultimately joined by 25 other states. The actual focus of the case was quite mundane: Texas argued that it would suffer significant financial damages if required to subsidize the cost of driver’s licenses to those qualifying for the s new programs. However, the larger context was an unwillingness to allow the President to enact policy change following years of blocked and failed efforts at immigration reform at other governmental levels.In November 2014, Obama announced Executive Actions that included temporary protections for immigrants who arrived as children and a new program for parents of U.S. citizens and lawful permanent residents to apply for work permits. These actions have been on hold since early 2015.

The Supreme Court was unable to reach a decision in June. The case resulted in a 4-4 tie, an unusual but not unexpected result given the current makeup of the court following the death of Justice Antonin Scalia and reflecting the politically divisive nature of the case. This means that the decisions of the lower courts remain in place and the two initiatives are blocked, for now. more...

Controversies about “identity theft” are at the center of U.S. immigration enforcement. During a 2008 federal immigration raid at a Kosher meatpacking plant in Postville, Iowa, for example, authorities arrested 389 undocumented immigrants for “aggravated identity theft” – claiming that they had knowingly and intentionally used the identities of others without their consent. In Arizona, meanwhile, state authorities expanded the definition of “identity theft” to include the use of fake documents to obtain employment. Since that happened in 2008, the Maricopa County Sheriffs’ Office has arrested more than 700 undocumented workers on such charges.

Although identity theft is widely decried, the majority of undocumented immigrant farmworkers say they actually obtain work authorization documents through loans – that is, through voluntary arrangements to obtain work documents. My findings on this topic come from interviews I conducted with 57 immigrant farm workers and six labor supervisors. In response to my queries about how undocumented immigrants get the documents they need for employment, and with what effects on their work conditions, many workers explained that direct supervisors often initiate loans of identity documents. The supervisors can profit personally even as they recruit workers for agricultural companies or contractors.Many workers explained that direct supervisors often initiated loans of identity documents; the supervisors can profit personally as they recruit workers for agricultural companies or contractors. more...

In recent decades, the United States has seen a spectacular rise in deportations, with local police forces authorized by the federal government to identify undocumented immigrants for summary removal. More than 11 million undocumented people across the country – including up to one in ten adult workers in the state of California – faced this threat in their daily lives.

To assuage the human costs, President Barack Obama outlined a plan in November 2014 to provide temporary protection to many undocumented migrants. Building on his earlier efforts to set priorities, the President specified that officials would henceforth seek to deport “felons, not families,” “criminals, not children,” “gang members, not a mom who’s working hard to provide for her kids.” In short, under the new policy, various kinds of immigrants deemed good would be protected from deportation. Well-intentioned city leaders, bureaucrats, and police would need to sort out the good immigrants from those vilified as criminals.

These well-intended steps are meant to alleviate the trauma that the threat of deportation has imposed on millions of law-abiding migrants. But how do the binary divisions work out in practice? My research, based on a year of observations in southern California plus 75 in-depth interviews with undocumented Mexican migrants, suggests that efforts to divide good from bad people in migrant communities can have pernicious as well as helpful effects.Efforts to divide good from bad people in migrant communities can have pernicious effects. more...

Latinos living in the United States comprise the largest number of immigrants of any racial or ethnic group – and for this reason, many Americans presume that immigration is the issue that matters most to Latino citizens and residents. But is that true? Do Latinos themselves view immigration as their top concern, and if not what other issues are high on their political agenda? My research tackles this question, which is important for understanding the potential political influence of the largest and fastest growing minority group in the United States. more...

Current debates about immigration reform focus on whether or not there will be a “path to citizenship” for the eleven million undocumented immigrants living and working in the United States – and, if so, how long the road will be. Citizenship brings new rights and opportunities for individuals and families, and the country as a whole also has a stake in drawing into full citizenship both legal and undocumented newcomers. Otherwise America may face growing gaps in life chances among groups with different immigration and citizenship statuses. Across many decades of U.S. history, grants of citizenship, or refusals, have been used to incorporate masses of newcomers from Europe and exclude others, such as those from many Asian countries. Today, citizenship status has again become an axis of inequality that exacerbates other disparities grounded in class and race. Denying undocumented immigrants, mostly from Mexico and Central America, opportunities to get on a path to citizenship is one obvious source of continuing inequality. In addition, my research shows that barriers to citizenship status also exist for many newcomers with legal permanent resident status – so-called “green card” holders. The difficulties these immigrants face magnify inequalities in American society as a whole.Citizenship brings new rights and opportunities for individuals and families, and the country as a whole also has a stake in drawing into full citizenship both legal and undocumented newcomers.

Access to Citizenship for Legal Residents

Citizenship can, in principle, be obtained by immigrants who already have “green cards,” or documents that demonstrate their legal permanent status in the United States and meet a range of criteria. Access to permanent legal residency itself is restricted. Most commonly, immigrants obtain green cards through close relatives who are already citizens or permanent residents. Many others do so through employment or by claiming refugee status. Residents of countries that are relatively underrepresented in the United States may be able to win green cards in a lottery. Once they gain permanent legal resident status, most immigrants must wait five years to apply for citizenship – and they then must pay hefty fees, fill out detailed applications, and undergo interviews and testing by immigration officials, all before, finally, attending a swearing-in ceremony that makes their newly gained citizenship official. Some legal residents have a slightly easier path. Those married to U.S. citizens wait three years instead of five, and members of the military may currently apply when they enlist. In response to anti-immigrant measures at national, state, and local levels, applications for citizen status have increased in recent years. Nevertheless, fewer than half of immigrants in the U.S. have become citizens, and the U.S. take-up rate is much lower than rates in sister immigration destinations such as Canada and Australia.

Who Gains Citizenship?

Commentators noting the low uptake of U.S. citizenship have raised concerns about the loyalty of new immigrants and difficulties in the naturalization process. In addition, uneven citizenship intersects with and exacerbates other dimensions of inequality in American society. In a study of data from the U.S. Census, I found that immigrants with less than high school education are increasingly less likely to be citizens compared to more educated immigrants. In 1970, the level of education did not make much difference for whether immigrants had become citizens, but by 2000 a large education gap had appeared. Immigrants with higher levels of income are also more likely to gain citizenship. In short, during an era when inequality has grown overall in the United States, citizenship status is being attained much more unequally by more and less privileged legal residents.Uneven citizenship intersects with and exacerbates other dimensions of inequality in American society.

Racial disparities are also growing. Hispanic immigrants, whether black or white, have the lowest levels of citizenship, while non-Hispanic blacks and whites, as well as Asians, all gain citizenship at about average rates. This finding cannot be explained away by the higher representation of Hispanic immigrants among the undocumented, who are not eligible for citizenship; even among legal Hispanic permanent residents, the uptake of citizenship for the largest group, Mexicans, is low. By countries of origin, the lowest proportions gaining citizenship are found among Guatemalan, Mexican, and Salvadoran immigrants, and the highest proportions occur among immigrants from Vietnam and the Philippines.

Why Uneven Access to Citizenship Matters

It is unfortunate that access to citizenship is increasingly paralleling other disparities in U.S. society, because citizenship status promises access to the full civil liberties and rights, making immigrants almost equal to native-born Americans. The right to vote and to run for most political offices is reserved for citizens. For individual immigrants, citizenship expands job opportunities across the economic spectrum – opening posts ranging from state-licensed cosmetician to police officer and making it possible to compete for government fellowships, grants, and contracts. Citizenship also allows newcomers to bring other family members through reunification rules, and eases connections between the United States and immigrant countries of origin. For the immigrants who may fall on hard times, citizenship status improves access to welfare benefits. Perhaps most important, citizenship provides a sense of security and permanency by fully protecting immigrants from threats of deportation.Everyone who cares about reducing socioeconomic and racial inequalities should support full access to citizenship for the undocumented.

Citizenship benefits not only newcomers and their families, but also communities and the nation as a whole. For example, because Hispanics are often not citizens, this minority group, now the largest in the United States, has much less political clout than its sheer numbers might suggest. Although legal resident noncitizens can and do engage in political activity, their inability to vote and run for office reduces their political efficacy; and along with undocumented immigrants, they are at risk for deportation. The estimated twenty-two million noncitizen immigrants add up to a troubling indicator for the health of American democracy, because these people live, work, raise families, and contribute to their communities, but are excluded from the innermost circle of membership in the nation. Hundreds of thousands of legal resident immigrants become eligible to apply for citizenship every year. And comprehensive immigration reform, if Congress acts, it could put many currently undocumented on the path to citizenship in the future. Everyone who cares about reducing socioeconomic and racial inequalities in the United States should want to address inequalities in citizenship acquisition by legal residents and support full access to citizenship for the undocumented.