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2007 American-Immigration-Policy-Since-911.Pdf INSTITUTE FOR SOCIAL POLICY AND UNDERSTANDING POLICY BRIEF February 2007 Policy Brief # 19 American Immigration Policy since 9/11: Impact on Muslim Migrants Christopher R. Counihan ISPU Fellow settling in the United States, the events It is perhaps obvious to state that terrorists of September 11th brought the issue of It is perhaps cannot plan and carry out attacks in the Muslim migration to the top of the obvious to state United States if they are unable to enter the domestic policy agenda as part of the country. Yet prior to September 11, while broader conception of ‘homeland that terrorists there were efforts to enhance border security.” cannot plan and security, no agency of the U.S. government thought of border security as a tool in the In the days after 9/11, many policy counterterrorism arsenal. Indeed, even analysts assumed that the terrorist carry out attacks in after 19 hijackers demonstrated the relative attacks would create a political the United States if ease of obtaining a U.S. visa and gaining groundswell in favor of broad new they are unable to admission into the United States, border immigration restrictions toward those security still is not considered a cornerstone entering the United States from enter the country. of national security policy. We believe … predominantly Muslim countries. “Policies that it must be made one.1 leading to a moratorium on immigration, or at least a fundamental re-examination of the numbers and categories of immigrants that are admitted to the B etween 8:45 and 10:10 on the morning United States, were thought to be 4 of September 11, 2001, four aircraft inevitable.” Public opinion polls took a dramatic swing supporting more carrying 265 people (including nineteen hijackers) crashed into several sites around restrictive immigration policies. A the United States killing all those onboard, November 2001 Fox News poll indicated as well as 2,595 people in the Twin Towers that “65 percent of Americans favored stopping all immigration during the war and on the ground near the World Trade Center in New York City and 125 more on terror, and a January 2002 Gallup poll 2 people at the Pentagon in Washington. reported that 58 percent of Americans While there were many changes in thought immigration levels should be th decreased, up from 45 percent in response to the events of September 11 5 both within the United States and in how January 2001.” Yet while there have the United States interacted with the world, been many alterations to immigration one of the immediate focuses was the policy, especially towards Muslims, and its enforcement since 9/11 is the degree country’s immigration policy. In the minds of the American public, the nineteen hijackers to which the legislative branch did not were united by two characteristics: their take more dramatic action. religion and their immigration status. A Of course there have been several supplemental staff report by the 9/11 Commission solidified Americans’ growing significant changes to the country’s 43151 Dalcoma Road, Suite 6 fears that the country’s immigration control immigration policy since 9/11, most of Clinton Township Michigan 48038 system had failed when it reported that “all which were aimed, if not expressly then 586-416-1150 www.ispu.us 19 airplane hijackers from September 11th at least in practice, at Muslim immigrants. broke U.S. immigration laws.”3 While “Indeed, of the thirty-seven known U.S Muslims had long been traveling to and government security initiatives INSTITUTE FOR SOCIAL POLICY AND UNDERSTANDING POLICY BRIEF implemented since the September 11th slowed down the pace of immigration however, did not fit into the conceptual attacks, twenty-five either explicitly or policy reform in the United States. The framework provided by the prevailing 6 implicitly target Arabs or Muslims.” Very Bush administration was elected in 2000 cultural/economic lens. The nineteen few of these policy changes, however, on a largely pro-immigration platform that hijackers were not American citizens, were crafted through the standard sought to refocus the immigration debate and these “immigrants” came into the legislative process where they would away from one centered largely on country not to find employment or to have been subjected to public debate cultural and economic fears to one that seek the freedom to live in peace. and scrutiny. Rather, the majority of the attempted to shape labor migration into a Instead, they came to inflict damage on policy changes, regulations, and guestworker program that the president the country that had granted them enforcement procedures have been believed would be to the country’s entrance. Although in strict public implemented by executive fiat through economic benefit. Just weeks prior to policy terms the hijackers were not the Attorney General’s office, the State 9/11, Mexican President Vincente Fox immigrants but rather visitors who Department, and the Immigration and visited the Bush White House, where the came into the country on “non- Naturalization Service (INS). 7 The fact main topic of discussion between the two immigrant visas,” this legal distinction that the executive, not the legislative presidents was creating a guestworker was acknowledged only rarely in the branch, was responsible for the majority program to provide a new legal popular discourse on immigration after of these changes has given hope to framework for migration between the 9/11. For the general population, some scholars that these measures lack neighbors in order to create a smooth immigration and its control are most a degree of permanency and/or flow of labor across the southern border often viewed in broad terms to include legitimacy that would otherwise be of the United States.11 A report issued by all forms of cross-border transfers: attached to changes enacted by the the Federal Reserve Bank of Dallas short-term visits, permanent settlers, legislative branch and, therefore, may stated that: and trips for business or for pleasure: only signal a temporary shift in the overall direction of American immigration policy. Despite the common perception that 9/11 … the man on the street rightly views triggered a crackdown on immigration immigration as a broad phenomenon While some feared that the political (the enactment of the USA Patriot Act, encompassing visitors or sojourners as rhetoric following the terrorist attacks the reorganization of the Immigration and well as settlers. Immigration, which had presaged imminent and drastic changes Naturalization Service into Homeland seemed to offer him nothing but to the scale and intention of the country’s Security, and other changes), pre-9/11 bargain nannies and gardeners, immigration policies, the actual impact policies actually constituted a much more suddenly appeared to harbor a 15 has not been as severe as many had substantive effort in this direction. The threat. predicted. While the initial post-9/11 post-9/11 period is most striking for the security initiatives had a dramatic chilling lack of change. Significant immigration To the great majority of the American effect on Muslim immigrants coming into reform pending before the terrorist public, 9/11 forever merged previously the Untied States as well as those attacks was taken off the table and separate issues of immigration and already here, some commentators have remains on indefinite hold.12 security into a single issue, which been impressed by the degree to which scholars have termed the “migration- 9/11’s long-term policy impact has What significantly changed since 9/11 security nexus.” This altering of our veered away from the isolationist path was policy debate’s tone, which from one cognitive framework changed the way advocated by some popular political that emphasized economic issues to one immigration was both regulated and commentators. As one commentator that focuses more exclusively upon regarded by the American government noted, “even after September 11, not a security concerns. The “securitization” 13 and Americans. single member of Congress proposed of the policy debate, especially in regards cutting off Middle Eastern immigration.”8 to immigration from Muslim-majority The month after the terrorist attacks, This is not to say that Congress countries, has dramatically changed the President Bush signed Homeland remained silent, passively allowing the way that policymakers and Americans in Security Presidential Directive 2, executive branch to shape the future of general think about migration controls. “Combating Terrorism through immigration policy on its own. While The United States has traditionally Immigration Policies,” which firmly Congress had not passed any significant viewed immigration issues on the basis established in bureaucratic regulations immigration acts since enacting three of economic and/or cultural criteria, and procedures the connection 9 new immigration laws in 1996, 9/11 did concerned as to whether or not between security and immigration. This cause it to pass several pieces of immigrant labor will “displace” native presidential directive promoted inter- legislation: the USA PATRIOT Act of workers or “disturb” the social ties agency cooperation on a federal level 2001, the Enhanced Border Security and binding the country together. “Despite the between those bureaus responsible, Visa Entry Reform Act of 2002, and the flow of immigrants into the United States inter alia, for visa issuance, border Homeland Security Act of 2002.10 during the last third of the twentieth control, internal
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