International Migration, U.S. Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress 2014 Scalabrini International Migration Network New York The Scalabrini International Migration Network (SIMN) is a not-for-profit organization established by the Missionaries of Saint Charles, Scalabrinians, to safeguard the dignity and the rights of migrants, refugees, seafarers, itinerants and people on the move worldwide. The opinions expressed in this book are solely those of the authors and do not necessarily reflect the opinions of the Scalabrini International Migration Network (SIMN). International Migration, U.S. Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress First Edition Copyright © 2014 by Scalabrini International Migration Network Inc. 307 E 60th Street New York 10022–1505 Tel. +1 (212) 913-0207 Email: [email protected] All rights reserved. Published by: Scalabrini International Migration Network (SIMN). Coordinator: Leonir Mario Chiarello, Executive Director of SIMN. Editors: Leonir Mario Chiarello, Executive Director of SIMN and Donald Kerwin, Executive Director of the Center for Migration Studies of New York (CMS). Proofreading: Breana George, Research Coordinator of CMS. Layout: Josue Bustillo. Cover design: Josue Bustillo and Diego Carámbula. Historic photographs: Center for Migration Studies of New York. Other photographs: http://www.shutterstock.com/ ISBN-978-0-9960560-0-7 INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY i Table of Contents Preface v Introduction 1 CHAPTER I International Migration Trends and 13 Perspectives for the United States of America Introduction 15 1. Historical Trends 15 2. Recent Trends 34 3. Future Trends 50 References 58 CHAPTER II The Evolution of the United States 67 Immigration Laws Introduction 69 1. The First Immigration Laws: The Colonies and the States 72 2. Federal Action: The First Hundred Years 74 3. Immigration Laws 1900-1950 82 4. Immigration Acts of 1952 and 1965 86 5. Immigration Reform and Control Act of 1986 89 6. The Immigration Act of 1990 92 7. Illegal Immigration Reform and Immigrant Responsibility 93 Act of 1996 ii INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY 8. Current U.S. Immigration Law and Policy 95 8.1 Immigration Restrictions 96 8.2 Family Reunification 99 8.3 Immigration of Skilled Laborers 100 8.4 Humanitarian Relief 102 9. Proposed Changes to Immigration Law 104 Conclusion 107 References 108 CHAPTER III The Influence of Civil Society in US Immigrant 111 Communities and the US Immigration Debate Introduction 113 1. How is Civil Society Defined and Who Are the Actors 113 in the Immigration Field? 2. How Civil Society Has Shaped Immigration Policy: Historical 115 Touchstones 2.1. Immigration Prior to the Passage of the Immigration Reform 115 and Control Act 2.2 The Immigrant Reform and Control Act of 1986 117 2.3 The 1990s Backlash 121 2.4 The 1996 Legislation 125 2.5 Early 2000 and the Possibility of Legalization 127 2.6 9/11: Security Related Immigration Restrictions 129 2.7 2004-2007: A Revival of Comprehensive Immigration Reform 132 2.7.1 A Backlash and Immigrant Response 134 2.7.2 The DREAMers and the Immigrant Rights Movement 136 INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY iii 2.8 Civic Engagement 138 3. The Sectors: Nongovernmental Organizations (NGOs) Engaged 140 on Behalf of Immigrants 3.1 National Advocacy Organizations 140 3.1.1 National Organizations in Favor of Restricting Immigration 142 3.2 State, Regional and Local Coalitions 144 3.2.1 Business and Labor 147 3.2.2 Faith-Based Organizations 149 3.3 Ethnic –Based Groups 151 3.4 Hometown Associations 153 3.5 Border Organizations 154 3.6 Organizations Working on Behalf of 157 Women and Children’s Issues 3.7 Think Tanks and Academic Centers 158 3.8 Philanthropy 160 3.9 Communications and Media Organizations 161 Conclusions on the Way Civil Society is 163 Shaping Immigration Policy Acknowledgements 166 References 167 INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY v Preface International Migration, U.S. Immigration Law and Civil Society: From the Pre- Colonial Era to the 113th Congress is the tenth in a series of studies published by the Scalabrini International Migration Network (SIMN) on migration in the Western Hemisphere. The Congregation of the Missionaries of Saint Charles, Scalabrinians, is an international community of Catholic priests and religious dedicated to serving migrants and refugees throughout the world. SIMN supports a network of more than 270 Scalabrinian migrant shelters, service centers, schools, research institutes and other programs along migrant corridors and in immigrant-receiving communities. Based on this work, it has direct knowledge on the need for effective, rights-respecting migration policies. This volume follows a 2010 study on migration in the Western Hemisphere by Barry Mirkin, the former head of the population policy section of the United Nations (UN) Population Division, and subsequent studies on migration policy and civil society in Argentina, Brazil, Bolivia, Chile, Colombia, Mexico, Paraguay and Peru. The series seeks to improve migration governance in the Americas by educating policymakers and the public on the benefits, trade-offs and human dimensions of migration. As with past volumes in this series, International Migration, U.S. Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress draws on the contributions of distinguished scholars and authors. Donald Kerwin, the Executive Director of the Center for Migration Studies of New York (CMS), introduces the volume. Joseph Chamie, the former director of the UN Population Division and past editor of the International Migration Review, provides an historic overview of migration flows and trends in the Americas, particularly in the United States. Charles Wheeler, a senior attorney at the Catholic Legal Immigration Network, Inc. (CLINIC) offers a succinct history of U.S. immigration law and policy, beginning with colonial era laws. Sara Campos, the former director of the Asylum Program for the Lawyers Committee for Civil Rights in San Francisco, documents the substantial role of civil society in immigration policymaking, advocacy, and service-provision. The book illustrates the challenges in reaching policy consensus on these complex, contentious, and consequential issues. It highlights the central vi INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY importance of immigration to the American experience and offers hope that the United States will reform its generous, but nonetheless outdated laws and broken immigration system. Leonir Chiarello Executive Director of SIMN INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY 1 Introduction Donald Kerwin This book on U.S. immigration history, policy and civil society represents the tenth in a series produced by the Scalabrini International Migration Network (SIMN) on international migration to and within the Americas. Earlier volumes in the series have covered immigration policy and civil society in the Western Hemisphere and in eight countries: Argentina, Bolivia, Brazil, Chile, Colombia, Mexico, Paraguay and Peru. This volume provides a timely and accessible treatment of U.S. immigration flows, stocks, laws, policies and civil society. More than a primer, it identifies and analyzes the themes, trends and challenges that have driven U.S. immigration law and policy, leading to the current, unsettled debate on immigration reform. The series draws on contributions from leading scholars and practitioners in the field. The U.S. immigration volume consists of chapters by Joseph Chamie, the former director of the United Nations Population Division, past director of research for the Center for Migration Studies of New York (CMS) and editor of the International Migration Review; Charles Wheeler, a senior attorney and director of training and legal support for the Catholic Legal Immigration Network, Inc. (CLINIC) and the former Executive Director of the National Immigration Law Center (NILC); and Sara Campos, a free-lance writer and the former director of the Asylum Program for the Lawyers Committee for Civil Rights in San Francisco. Chamie begins the volume with a magisterial 525-year review of international migration to the Americas, English colonies in North America and the United States. He highlights the centrality of immigration to the growth of the Republic, as well as its costs and conflicts. Wheeler complements Chamie’s analysis, with a history of U.S. immigration law and policy from colonial times to the present. He traces the forces that have shaped the U.S. immigration experience, including its “political movements—its diverse values, competing visions of nationality and membership, and... the human condition, with all its admirable and shameful qualities.” Campos covers an issue that has received insufficient attention in the academic and popular literature: the growing influence of civil society on the U.S. immigration debate and in immigrant 2 INTERNATIONAL MIGRATION, U.S. IMMIGRATION LAW AND CIVIL SOCIETY communities. Her account concentrates on the period between passage of the Immigration Reform and Control Act of 1986 (IRCA) and the present.1 This brief introduction will outline six themes that emerge from this volume. Immigration Trends and Costs Chamie stresses the scale and diversity of immigration to the United States, as well as its often fierce costs and trade-offs. An