Kirk Christensen
During the past 20+ years, I have been doing double duty in the Navy and in Law Enforcement. Two years ago I retired from the Navy and in January I will retire from my law enforcement career. I am currently working on a liberal studies degree so I can see what is next on the agenda!
The immigration systems of the United States has throughout history continued to be a obstacle and roadblock for those who are less fortunate, poor, or just looking for a better life in the United States.
The two types of deportation laws explained in the book were extended border control and post entry social control. The extended boarder control type of deportation laws are those laws developed to keep non-citizens out or remove them from the country. These include those who have entered the country illegally and those who violate their conditions of entry into the United States. The extended boarder control also determines “the control of territory by the state and the legal distinction between citizens and noncitizens. (Kanstroom, 5). The post entry social control is deportation which can be used on non-citizens “at the whim of the government and may be deported at any time” (Kanstroom, 6). This falls under the “eternal guest” model where deportation reasons can include any hot social topic, criminal offense, pollical issue, or perceived threat from non-citizens.
One of the earliest historical examples of extended border control includes the Plantation Act of 1740, which defined what the requirements were to become naturalized. Some of those requirements included being in the colonies for seven years and the aligning with a specific religion. This was later followed with the Naturalization Act of 1790, which set specific guidelines to becoming a citizen of the United States. One of those requires being a “free white person.” Another requirement includes possessing good moral character.
On the post entry social control side of the deportation laws, we can look at the red scare, the palmer raids, and even in our own period with the war on terrorism as examples. With the red scare during WW1, the rise of communism became a perceived threat causing fear to many Americans. As a result, non-citizens were deported for political purposes. During the palmer raids, suspected communist radicals were arrested and deported. As for the war on terrorism, after the events of 9/11, non-citizen Muslims in the United States faced scrutiny, harassment, detention and additional registration requirements. While this may have been done in the shadow of national security, it also had a social reassurance aspect behind it. The nation was seen to be at risk of terrorism, and the entire Muslim religion was the primary suspect.
Some historical examples of deportations that fall into both the extended border control and the post entry social control include the Transportation Act of 1717 and the warning out systems. The Transportation Act of 1717 appears to be the perfect example of both the extended border control and the post entry social control. The poor, criminals, and the less desirables, were subjected to transportation to the American colonies, often ending up in a servitude positions upon arrival. To return before a specific time from where they were banished included severe punishment. Warning out was a way for colonies to “move along” the less desirables by not allowing citizenship within a colony, eventually pushing the person back to where they originated, which often included some form of punishment for returning.
A couple of the videos from the lesson that really stuck out to me was regarding those non-citizens who were deported that had served in the United States Military or had entered the country as children. The deportation reasons were generally criminal behavior, but I believe these are good examples of the poor use of extended border control in a one size fits all kind of system. At some point, we must look at not only what people have done to warrant deportation, but also the merits of what they have accomplished to avoid deportation. What type of life they will endure if they are deported and separated from their support systems, and what those left behind will have to deal with should also be considered. “Deportations are destroying families and causing massive suffering” (Torres, 2014).
Kanstroom, D. (2007). Deportation Nation: Outsiders in American History. London, England: Harvard university Press,
Torres, L. (2014). Dismantling the deportation nation. Latino Studies, 12(2), 169-171. doi:http://dx.doi.org/10.1057/lst.2014.33
I
During the Chinese exclusion period through the second wave, there were a lot of similarities including the racism which defined the treatment of immigrants arriving in the United States. Much of the immigration in both timeframes were encouraged by the government as a form of cheap and available labor. In both timeframes of the labor forces, the immigrant presence in the United States eventually becomes problematic as the country attempted to exclude and deport to control these problems. The Chinese exclusion was primarily focused on extended border control through exclusion and deportation. The second wave improved upon the exclusion and deportation, but with a greater emphasis on social control.
In the Chinese exclusion period, the extended border control begins to take shape with the Page Act of 1875, which excluded laborers from being brought to the U.S. involuntarily. The Page Act also includes the exclusion of convicts and prostitutes. The U.S. would later tighten this extended border control with the Scott Act, which would ban all Chinese laborers and cancel all certificates of return to prevent the immigration of the Chinese into the United States. Social control appears to start gaining steam with the passing of the 1891 Immigration Act which focuses on the deportation of immigrants who become a public charge within one year of entry into the U.S. This social control would continue to be refined in the second wave era. One important takeaway from this era was the Chae Chan Ping v. United States cases which determined that “immigration laws would receive only the most minimal sort of judicial review, if any” (Kanstroom, 2007).
As the second wave era beings, the U.S. continues to focus on the social control aspect with the 1917 Immigration Act which increases the timeframe of and immigrant becoming a burden on society to five years and adds crimes involving moral turpitude. This social control focus continues with the implementation of the 1903 law prohibiting those opposed to governments and Sedition Act of 1918 with allowed for the removal of those who oppose governments/anarchist such as John Turner, Marcus Garvey and Emma Goldman. Other social control acts include the 1922 law allowing for the deportation of aliens convicted of drug related offenses. This era end with a focus on the Mexican immigrant worker and the 1924 law allowing for the deportation of aliens without proper documents.
Two very similar themes from these two eras is the need and use of immigrant labor. The 1864 immigration Act “expressly authorized the government to support imported contract labors” (Kanstroom, 2007). Also, in 1917 “the United States government first became systematically involved in the recruitment of Mexican workers” (Kanstroom, 2007). The need for cheap labor appears to be at the forefront of the government’s priority without the consideration of the consequences that will come from that cheap labor and the prevalent racism in the U.S. during that time.
Other similar themes that arise are the registration of the Chinese in comparison to the issuance of Visas to Mexican workers. The Geary Act of 1892 required the Chinese alien to register and prove their legality in the United States. The immigration law of 1924 allowed for deportation of aliens without documentation. One theme that resonates between both time-frames is the reaction of white workers due to their displacement by Chinese and Mexican immigrants. These are evident in the regional deportation drives and harassment that happen to both the Chinese and Mexican immigrants
In areas where there is a difference between the two eras are the use of Unions and what they represent. During the Chinese exclusion, labor organizations such as the California Workingmen’s Party, were focused on the employment of Americans and promoted an anti-Chinese agenda. During the second wave, the Industrial Workers of the World is created to unionize and unite immigrant workers. This involvement by the Industrial Workers of the World becomes a social control issue as work stoppages are supported by these unions and eventually lead to vigilante deportation of immigrants as seen in the Bisbee deportations and other areas.
The events of the Chinese exclusion and the second wave shape and continue to define the many immigration laws that the United States use today. While not a great system, the U.S. immigration system beings to take on the look of today’s system. The U.S. goes through a period of total exclusion to a quota system which continues to be adjusted. Confinement with infamous punishment is discontinue in deportation only cases. Some of the decisions made during this timeframe have stood the test of time, such as the “moral turpitude” language.
Reference:
Kanstroom, D. (2007). Deportation Nation. Cambridge, MA: Harvard University Press.
Looking back on our immigration system over the past 100 years, our deportation system has done more to hurt the immigrant than it has done to help it, especially during the early and middle part of the 20th century. The deportation system has been a bi-product of the United States’ need for immigrant labor mixed with the country's racist/xenophobia mentality. The drive for an increase in immigrant labor was generally followed by the creation of laws and immigration systems designed to limit and remove that labor when it is no longer needed, became unwanted, or when there is a political need for post-entry social control. The impulse of the United States for extended border control and post entry social control continues today. This impulse is generally associated with the country’s political agenda and desire for social control.
The United States’ xenophobia is evident in the use of race based restrictions during multiple events throughout the country’s history. Some of these restrictions include the Chinese Exclusion Act of 1882, the California Alien Land Act of 1913, the Placita Raids, the internment of Japanese Americans, and Operation Wetback. The Chinese Exclusion Act of 1882, prevented anyone of a Chinese race from entering the U.S. The California Alien Land Act of 1913, which was designed to prevent immigrants from owning land and to drive the Japanese immigrants from California. The La Placita raid in 1931, resulted in the immediate deportation and transportation of Mexican immigrants to Mexico. The United States would use the 1798 Enemy Alien Act for the internment of Japanese Americans living on the West Coast during World War II. Racist undertones were obvious in the use of term in government operation such as operation “wetback” in 1954 which was used to roundup and deport Mexican laborers.
Another example of race based restrictions during this time was the Immigration Nationality Act of 1952, while it lifted the ban on specific immigrants, it created restriction for prior of Asian descent regardless of their origin.
In the late first have and early second half of the 20th century, The United States continues to see the use of post entry social control with policies such as the Alien Registration Act of 1940, the Immigration and Nationality Act of 1952, Internal Security Act of 1950, Carlson v. Landon (1950), all resulting in the second red scare during the 1950’s. The Alien Registration Act of 1940, focused deportation efforts on immigrants who advocated overthrowing the government. The Immigration and Nationality Act of 1952, set standards for naturalization which included; having a good moral character and denied those who had committed adulty, had more than one wife, or was a drunkard. The Internal Security Act of 1950 focused on the deportation on anyone who was a member of the communist party, present or former membership included. As Kanstroom states in the case of Carlson v. Landon in 1950, regarding bail and those with a previous or current membership in the communist party facing deportation, the result was “the government could now generally detain whomever it wanted for however long deportation proceedings lasted.” The Carlson v. Landon case also restated “that all such aliens remain subject to the plenary power of Congress to expel them under the sovereign right to determine what non-citizens shall be permitted to remain with our borders” (Kanstroom, 2007)
Although most of the acts and laws implemented in the 1900’s had negative effects on the immigrant, some of these acts/law appeared to be moving towards improved conditions or outcomes for immigrants, such as the Bracero Program, the 1965 Immigration Act, and the 1986 Immigration Reform and Control Act.
The Bracero program, which was introduced in 1942 is such an example. As with many of the United States immigration policies, the Bracero program was designed to bring in temporary immigrant labor during times of manpower shortages due to war efforts. The positive elements of the Bracero program were “Mexican workers had to receive the prevailing wage, work for 75 percent of the contract period, and receive decent working conditions, including sanitary and free housing, employer-paid insurance, and free transportation to and from the border” (Barnhill, 2013). The unintended consequences were the continued use of illegal immigrant workers and human rights violations due to the lack of enforcement of the agreement with Mexico.
The 1965 Immigration Act is another example that appeared to have some benefits for the immigrants, especially in the way of creating workable quota systems and a preference system for immigration, which included occupational skills and family unity. But with most acts, there was problems that unforeseen by those creating these laws. “Before 1965, immigration from Mexico and other Latin American countries was largely unrestricted” (Hong, 2015). The 1965 Immigration Act limited the total number of quotas per year to the entire Western Hemisphere, resulting in an increase in illegal immigrants crossing the U.S. and Mexico border.
In 1986, the Immigration Reform and Control Act was passed with imposed sanctions on employers knowingly hiring illegal immigrants, creating special agricultural worker programs, and allowing the legalization of undocumented immigrants who had resided in the United States continuously since 1982 and who could meet mandated requirements. The problem which arose from the Immigration Reform and Control Act of 1986 was that illegal immigrants applying for citizenship under the act were subject to deportation proceedings if they were denied amnesty.
Throughout the history of the United States, a country built upon immigration, the government has struggled with the process of immigration and with deportation and the immigrants are the ones who have suffered. The plenary doctrine, tied with the need for labor, the continue examples of xenophobia, and the need for social control of the past 100 years has left the United States with a system that is flawed and damaging to people and families, but continues to be used today.
References:
Barnhill, J. H. (2013). Bracero program. In C. E. Cortés (Ed.), Multicultural America: A multimedia encyclopedia (Vol. 4, pp. 389-390). Thousand Oaks, CA: SAGE Publications Ltd. doi: 10.4135/9781452276274.n138
Hong, J. (2015, October 02). The law that created illegal immigration. Retrieved August 09, 2017, from http://www.latimes.com/opinion/op-ed/la-oe-1002-hong-1965-immigration-act-20151002-story.html
Kanstroom, D. (2007). Deportation Nation. Cambridge, MA: Harvard University Press
