The Sb 1070 and the History of Immigration in The
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WHY ARIZONA? THE S.B. 1070 AND THE HISTORY OF IMMIGRATION IN THE SOUTHWESTERN BORDER STATES A Thesis submitted to the Faculty of The School of Continuing Studies and of The Graduate School of Arts and Sciences in partial fulfillment of the requirements for the degree of Masters of Arts in Liberal Studies By Mary Kirk Laidlaw, B.A. Georgetown University Washington, D.C. March 21, 2012 WHY ARIZONA? THE S.B. 1070 AND THE HISTORY OF IMMIGRATION IN THE SOUTHWESTERN BORDER STATES Mary Kirk Laidlaw, B.A. MALS Mentor: Kazuko Uchimura, Ph.D. ABSTRACT Geography, history, demography, and economics all bind the United States to Mexico. The four U.S. states that directly border Mexico – Arizona, California, New Mexico and Texas – are especially affected by relations between the two countries. These states have been on the receiving end of immigrants from Mexico, largely unauthorized. Arizona in 2010 passed a notably stringent immigration law, S.B. 1070, which provides legal support for the elimination of unauthorized immigrants from the state. Arizona’s focus on unauthorized immigration reflects the challenge of that issue to America in the twenty-first century. As legal challenges to S.B. 1070 proceed, other states have passed similar legislation during an unprecedented period of legislative activism at the state level. What historical, socioeconomic, and political factors led to the passage of S.B. 1070 in Arizona and how do these factors compare to characteristics of the other southwestern border states? To answer this question, the thesis begins in the early nineteenth century and sweeps the history of the American southwest and federal immigration law to identify the national, regional, and state policies and precedents that led up to the passage of S.B. 1070 in 2010. This review illuminates the complex of factors that put Arizona in the forefront of state-level immigration legislation in 2010 and at the center of the current contention over national immigration policy. Understanding this history is a necessary step if America is to legislate effective immigration policy reform. ii NOTE ON TERMINOLOGY The language used in discussions of immigration topics is often emotionally charged and can be unclear in communicating the various levels of legal status that are essential to the conversation. This thesis uses the following terms throughout: “The Southwest” refers to the four states that collectively define America’s border with Mexico which runs for a distance of 1,951 miles from San Diego, California in the west, along the south of Arizona and New Mexico, to Brownsville, Texas in the east. “Anglos” refers to Caucasian Americans who are citizens of the U.S. The term is interchangeable with whites, Caucasians, and Anglo Americans. Various sources that this thesis quotes include these terms; this thesis presents the terms as stated in the quoted works. Katherine Benton-Cohen of Georgetown University noted in her 2010 article, “Immigration and Border Politics in Arizona, Then and Now,” that ‘Anglo’ is “a term used in the Southwest in lieu of ‘white’” (Benton-Cohen 2010a, 6). “Ethnic Mexicans” refers to all those residing in the U.S. who claim Mexican identity or ancestry. The term includes Mexican American citizens, legal residents of Mexican nationality, and unauthorized immigrants from Mexico. “Mexican Americans” refers to American citizens of Mexican ethnicity who were present at the time of annexation of the American Southwest and were thus entitled to American citizenship, Mexican immigrants who have naturalized, the American-born descendents of either, and the American-born children of unauthorized immigrants. “Unauthorized immigrants” refers to those persons who are foreign-born and who reside in the U.S. without federal U.S. documentation. Both those who entered the U.S. without documentation and those who overstayed legal visas are included in this term. Although migration can be circular, especially prior to the increased levels of border enforcement that evolved over time, this thesis refers to all those residing in the U.S. without official authorization as “unauthorized immigrants” regardless of length of stay. Where pertinent, the text identifies temporary or seasonal migration patterns. iii CONTENTS ABSTRACT ii NOTES ON TERMINOLOGY iii CHAPTER 1. INTRODUCTION 1 CHAPTER 2. BORDER DEFINITION: THE SOUTHWEST’S IMMIGRATION 10 PERSPECTIVES TAKE ROOT CHAPTER 3. BORDER DEVELOPMENT: ANGLO AMERICANS 33 CAPITIALIZE ON THE SOUTHWEST CHAPTER 4. BORDER TENSION: INCREASING UNAUTHORIZED 74 IMMIGRATION AND THE SOUTHWEST FROM WORLD WAR II TO THE MILLENNIUM CHAPTER 5. BORDER FAILURE: THE FEDERAL GOVERNMENT FAILS TO 122 REFORM IMMIGRATION POLICY AND THE STATES ACT REFERENCES 163 iv CHAPTER 1 INTRODUCTION Geography, history, demographics, and economics all bind the United States to its southern neighbor, Mexico. Continuous migration across the border, trade and investment agreements such as 1994’s North Atlantic Free Trade Agreement (NAFTA), and increasing communication networks and cultural exchange provide evidence of the growing integration of the two nations. The U.S. states that directly border Mexico – California, Arizona, New Mexico, and Texas – are especially affected by relations between the two countries. They “face unique issues caused by the intersection of local, national, and international interests” (Benton-Cohen and Cadava 2010, 4). Since the time of their formation as American states, these four have been on the receiving end of immigration from Mexico, largely unauthorized. Each border state is unique in terms of its response as well as the impact of immigration on local and state issues. Arizona in 2010 passed a notably stringent immigration law, S.B. 1070. “Its aim is to identify, prosecute, and deport” all unauthorized immigrants from the state (Archibold 2010a). The Problem of Unprecedented Levels of Unauthorized Immigration Arizona’s focus on unauthorized immigration reflects the challenge of that issue to America in the twenty-first century. Since the passage of the Hart-Cellar Act in 1965, the national dialog about immigration policy has focused on unauthorized immigrants. History reveals that America’s response to unauthorized immigration since 1965 closely mirrors the response of Americans in earlier periods of high immigration. For example, the years 1880 to 1920 witnessed high levels of European and Asian immigration and the hardening of both of the U.S.’s land borders; the government designated specific border crossing points and created a law enforcement presence along the border. Regardless, unauthorized immigration and human smuggling surged during that period. Post-1965, unauthorized immigrants have crossed the 1 border in unprecedented numbers despite national, regional, and state-level attempts to stem the tide. “Determined migrants, an attractive labor market, and a long border ultimately undermined efforts to fashion an effective system of control over cross-border migration” (Ettinger 1994, 171). Since 1993 when President Clinton responded to citizens’ concerns with a strong border militarization effort, and especially since the terrorist attacks at the Pentagon and in New York City on September 11, 2001, America’s immigration policy has reflected a focus on immigration control through border enforcement. Once again, this approach has not worked to eliminate unauthorized immigration although it has increased costs for the nation and border states as well as the cost and risk for the immigrants themselves. The continued presence of unauthorized immigrants throughout America, especially in the Southwest, and firsthand accounts of life along the border bear witness to the failure of America’s federal immigration policy thus far. “Illegal immigration is a predictable consequence of demographic trends and current U.S. law in the face of global economic realities” (Gans 2006, 1). In an article published on December 26, 2010 in The Washington Post, Roberto Suro of the University of Southern California, in accord with many other scholars, politicians, and journalists, identifies the status of the over eleven million unauthorized immigrants who already reside in the U.S. as “the most intractable problem by far” for the development of effective immigration policy. Of particular concern has been the concentration of unskilled and uneducated migrants from Mexico within the unauthorized population (Jacobson 2008, 49). Each decennial Census has enumerated the increase in this population in America, particularly in the Southwestern states. The unauthorized immigrants of the twenty-first century are typically here to stay. They have established social and economic relationships with institutions and persons in the communities where they are located (Schuck 1984, 43). They often live in families made up of citizens, legal residents, and other unauthorized immigrants (Wroe 2008, 2 20). They marry, have children who are American citizens by birth right, attend school, work, pay taxes, and receive limited public benefits that include education (Schuck 1984, 43). Their integration into American communities poses challenges to the law which must be just and balance the interests of many. If U.S. law creates opportunities for unauthorized immigrants in the U.S. to obtain citizenship, where is the justice for those who wait for legal entry? Law professor Peter H. Schuck recognizes that some Americans benefit from the presence of the unauthorized but writes, “It is also true, however, that most undocumented aliens have