Current Isssues of Immigration, 2008 - Your History Site

Current Issues ofImmigration, 2008

CONSTITUTIONAL RIGHTS FOUNDATION

Current Issues of Immigration, 2008Developed by

Marshall Croddy and Bill Hayes

WritersCarlton MartzMarshall CroddyBill HayesDamon Huss

EditorsBill Hayes and Keri Doggett

Design and ProductionAndrew Costly

CRF Publication Committee ReviewersKatrina Dewey, Marshall Horowitz, Patrick Rogan, and Lois Thompson

Jonathan EstrinPresident

Marshall CroddyVice President

Constitutional Rights Foundation601 South Kingsley DriveLos Angeles, CA 90005

(213) 487-5590 • F: (213) 386-0459 • [email protected] • www.crf-usa.org

Constitutional Rights Foundation is a non-profit, non-partisan education organization. It seeks toinstill in our nation’s youth a deeper understanding of citizenship through values expressed inour Constitution and its Bill of Rights. Its goal is to educate young people to become active andresponsible participants in our society. CRF is dedicated to assuring our country’s future byinvesting in our youth today.

Standards reprinted with permission:

National Standards copyright 2000 McREL, Mid-continent Research for Education and Learning, 2550 S. Parker Road, Suite 500,Aurora, CO 80014, Telephone 303.337.0990.

California Standards copyrighted by the California Department of Education, P.O. Box 271, Sacramento, CA 95812.

© 2008, Constitutional Rights Foundation

This is the second update to Current Issues of Immigration, 2006.

Current Issues of Immigration, 2008Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5

Teaching Strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Handling Controversy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Directed Discussions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Small-Group Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Simulations and Role Playing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Standards Addressed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8

History of Immigration Through the 1850s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

History of Immigration From the 1850s to the Present . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Issues of Unauthorized Immigration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

Federal Policy and Immigration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Current Proposals on Unauthorized Immigration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Options for Affecting Public Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36

Conducting a Panel Discussion and Civil Conversation . . . . . . . . . . . . . . . . . . . . . . . . . .40

Sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Current Issues of Immigration, 2008

Introduction

In a nation of immigrants, immigration issues often arise. The goal of this curriculum packageis to facilitate constructive classroom discussions of historical and contemporary issues of U.S.immigration policy. The materials consist of six lesson modules designed to put the current con-troversies about unauthorized immigration into historical and political context. They includereadings, guided discussion questions, and interactive learning activities designed to help studentsexplore and deepen their understanding of the issues presented. In addition, the curriculum pack-age includes a resource for conducting structured discussions with students.

The curriculum comports with the promising approaches for civic education found in the 2003report titled “The Civic Mission of Schools.” Issued by the Carnegie Corporation of New Yorkand the Center for Information and Research on Civic Learning and Engagement, the report wascreated by a prestigious group of scholars and practitioners interested in the civic education andengagement of young people. The report identified six “promising approaches” to improve civiceducation and help students develop the knowledge, skills, and attitudes they will need to partici-pate in our democracy. The six promising approaches are:

1. Students should be provided classroom instruction in government, history, law, and democracy.

2. Classrooms should incorporate discussions of current local, national, and internationalissues and events in the classroom, particularly those that young people view as important totheir lives.

3. Students should have the opportunity to apply what they learn through performing servicethat is linked to the formal curriculum and classroom instruction.

4. Schools should offer extracurricular activities that provide opportunities for young people toget involved in their schools or communities.

5. Schools should encourage student participation in school governance.

6. Students should participate in simulations of democratic processes and procedures.

This curriculum gives teachers the opportunity to employ three of the six promising approaches,specifically: (1) instruction in government, history, law, and democracy, (2) discussions of currentissues, and (6) simulations of democratic processes. In addition, the last reading can be used tolaunch a civics-based service learning project (which would employ promising practice #3: servicelearning).

This guide contains instructions on teaching strategies on how to enhance discussion, handlecontroversy in the classroom, and conduct simulations.

This curriculum also helps teachers address civics and history standards. The standards addressedare listed on page 8 of this guide.

Current Issues of Immigration, 2008© 2008, Constitutional Rights Foundation

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Teaching StrategiesThese materials stimulate student participation in various activities. Listed below are some sugges-tions to facilitate the lessons.

Handling Controversy

These materials often raise controversial issues. Controversy cannot and should not be avoided.Disagreement is a real, indeed necessary, phenomenon. It is an essential part of students learninghow to participate in a democracy.

When a controversy arises in your classroom, clarify the disagreement:

• Identify the issue or issues under dispute.

• Identify areas of agreement and disagreement.

• Identify underlying assumptions.

• Make sure students concretely define terms and avoid slogans.

This process of definition may bring the subject to a close. If not, use an appropriate strategy foraddressing the controversy, including discussion, research, formal debate, anonymous writingassignments, private or public mediation, and forced perspective activities in which students mustargue an issue from the “other” side. Note that some of these activities can be prepared or com-pleted outside of class, so there is no need to seriously disrupt your schedule.

Whatever strategy you use, be sure students follow certain ground rules:

• They must argue ideas, not personalities.

• They must represent the opposing position(s) fairly and accurately.

• They should admit doubts and weaknesses in their own position.

• Above all, the argument should concentrate on evidence.

Students should air their own views, hear their opponents’ views, and examine both. Be sure stu-dents understand that closure of a controversy does not mean one side wins.

Directed Discussions

Each lesson has discussion questions. Some check student comprehension of words or concepts.Others ask students to infer, compare, analyze, synthesize, hypothesize, or evaluate information.Discussion of questions in this latter category is critical to a lesson’s progress. Many times, activi-ties are based on information raised in these discussions.

When a question asks for personal opinion, encourage students to:

• State their opinions clearly.

• Support them with facts, logical arguments, or reference to parallel situations andcircumstances.

• Define the terms they use.

Doing this will give students practice in forming opinions that can be communicated. It also willdevelop criteria for students to judge the opinions of others.


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Some suggestions on leading discussions:

(1) Remind students of some basic rules for discussions:

• Keep an open mind and listen to one another.

• Respect the opinions of others and do not belittle their views.

• Work cooperatively to try to find an answer to the question posed.

(2) Be ready with potential follow-up questions. This will help you guide the discussion process.

(3) Be sure students listen to one another and respond to what was said, not what they think theyheard.

(4) Remind students that people disagree about many of these questions and there may not be asingle, easy answer to the questions raised.

Small-Group Activities

By working in small groups, students learn to communicate, to cooperate, to persuade and bargain,and to compromise. Student participation can be maximized by:

• Making sure students clearly and specifically understand the instructions before they begin theactivity.

• Monitoring group progress by circulating among groups during the activity.

• Holding students responsible for decisions and actions taken by their groups. If a student dis-agrees with a group’s decision, point out constructive ways he or she could and should havealtered that decision.

When the group activity ends, you might debrief the process as well as the activity. This will helpstudents develop the skills necessary to work well in small groups. You might discuss:

• What helped this group work well together?

• What interfered with the group working well together?

• What could members do next time to improve the group’s work?

• Did everyone participate? Why or why not? How did group members feel about their levels ofparticipation?

Simulations and Role Playing

Many of these lessons have simulation and role-play activities. These are extremely effective in get-ting students involved in learning. Although the simulations vary, a few general rules should beobserved:

• Be sure students clearly understand their instructions and roles before beginning the activity.

• If you have no assigned role, monitor student participation.

Debrief the simulations. Ask what happened in the groups, how students arrived at their decisions,and what they learned. Give your students an opportunity to raise and discuss additional questionsgenerated by the simulation. Debriefing is also an excellent time to address the issue of non-par-ticipation.


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Standards AddressedHistory of Immigration Through the 1850s

National U.S. History Standard 3: Understands why the Americas attracted Europeans and whythey brought enslaved Africans to their colonies . . . . National U.S. History Standard 10:Understands how . . . increasing immigration . . . changed American lives . . . . II, III (1)Understands the lives of immigrants in American society during the antebellum period (e.g., factorsthat led to increased immigration from . . . Ireland . . . how immigrants adapted to life in the UnitedStates and to hostility from the nativist movement and the “Know- Nothing” party . . . how immigra-tion intensified ethnic and cultural conflict and complicated the forging of a national identity).

National U.S. History Standard 9: Understands the United States territorial expansionbetween 1801 and 1861 . . . . (5) Understands the . . . outcomes of the Mexican-American War (e.g.,. . . the impact of the Treaty of Guadalupe Hidalgo on the U.S. and Mexico)

California History-Social Science Standard 5.4: Students understand the political, religious,social, and economic institutions that evolved in the colonial era. (6) Describe the introductionof slavery into America . . . .

California History-Social Science Standard 5.8: Students trace the colonization, immigration,and settlement patterns of the American people from 1789 to the mid-1800s . . . .

California History-Social Science Standard 8.6: Students analyze the divergent paths of theAmerican people from 1800 to the mid-1800s and the challenges they faced, with emphasis onthe Northeast. (3) List the reasons for the wave of immigration from Northern Europe to theUnited States . . . (e.g., Irish immigrants and the Great Irish Famine).

California History-Social Science Standard 5.8: Students trace the colonization, immigration, andsettlement patterns of the American people from 1789 to the mid-1800s . . . . (1) Discuss the wavesof immigrants from Europe between 1789 and 1850 . . . . (5) Describe the continued migration ofMexican settlers into Mexican territories of the West and Southwest. (6) Relate how and whenCalifornia, Texas, . . . and other western lands became part of the United States, including the signifi-cance of the Texas War for Independence and the Mexican- American War.

History of Immigration From the 1850s to the Present

National U.S. History Standard 17: Understands massive immigration after 1870 and how newsocial patterns, conflicts, and ideas of national unity developed amid growing cultural diver-sity. (1) Understands challenges immigrants faced in society in the late 19th century (e.g., experi-ences of new immigrants from 1870 to 1900, reasons for hostility toward the new immigrants,restrictive measures against immigrants . . . .)

National U.S. History Standard 22: Understands how the United States changed between thepost-World War I years and the eve of the Great Depression III (1) Understands the various socialconflicts that took place in the early 1920s (e.g., state and federal government reactions to the growthof radical political movements, rising racial tensions and the resurgence of the Ku Klux Klan . . . howthe restriction of European immigration affected Mexican American immigration)

National U.S. History Standard 31: Understands economic, social, and cultural developmentsin the contemporary United States. II (2) Understands the factors that prompted new immigra-


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tion in contemporary American society (e.g., new immigration policies after 1965, areas of the worldfrom which most immigrants have come)

California History-Social Science Standard 8.12: Students analyze the transformation of theAmerican economy and the changing social and political conditions in the United States inresponse to the Industrial Revolution. (7) Identify the new sources of large-scale immigration . .. and discuss the new wave of nativism.

California History-Social Science Standard 11.2: Students analyze the relationship among therise of industrialization, large-scale rural-to-urban migration, and massive immigration fromSouthern and Eastern Europe.

California History-Social Science Standard 11.5: Students analyze the major political, social,economic, technological, and cultural developments of the 1920s. (2) Analyze the internationaland domestic events, interests, and philosophies that prompted attacks on civil liberties, including. . . the Ku Klux Klan . . . and immigration quotas . . . .

California History-Social Science Standard 11.11: Students analyze the major social problemsand domestic policy issues in contemporary American society. (1) Discuss the reasons for thenation’s changing immigration policy, with emphasis on how the Immigration Act of 1965 and suc-cessor acts have transformed American society.

Issues of Unauthorized Immigration

National U.S. History Standard 31: Understands economic, social, and cultural developmentsin the contemporary United States (2) Understands how recent immigration and migration pat-terns impacted social and political issues (e.g., major issues that affect immigrants and resultingconflicts . . . .)

California History-Social Science Standard 11.9: Students analyze U.S. foreign policy sinceWorld War II. (4) Examine relations between the United States and Mexico in the twentieth cen-tury, including key . . . immigration . . . issues.

California History-Social Science Standard 11.11: Students analyze the major social problemsand domestic policy issues in contemporary American society. (1) Discuss the reasons for thenation’s changing immigration policy, with emphasis on how the Immigration Act of 1965 and suc-cessor acts have transformed American society.

Federal Policy and Immigration

National High School Civics Standard 21: Understands the formation and implementation ofpublic policy. (2) Understands the processes by which public policy concerning a local, state, ornational issue is formed and carried out. (3) Knows the points at which citizens can monitor orinfluence the process of public policy formation. (4) Understands why agreement may be difficultor impossible on issues such as abortion because of conflicts about values, principles, and inter-ests.

California History-Social Science Standard 12.7: Students analyze and compare the powers andprocedures of the national, state, tribal, and local governments. (5) Explain how public policyis formed, including the setting of the public agenda and implementation of it through regulationsand executive orders. (6) Compare the processes of lawmaking at each of the three levels of gov-ernment, including the role of lobbying and the media.

Current Proposals on UnauthorizedImmigration

National U.S . History Standard 31:Understands economic, social, and culturaldevelopments in the contemporary UnitedStates (2) Understands how recent immigrationand migration patterns impacted social andpolitical issues (e.g., major issues that affectimmigrants and resulting conflicts . . . .)

California History-Social Science Standard11.9: Students analyze U.S. foreign policysince World War II. (4) Examine relationsbetween the United States and Mexico in thetwentieth century, including key . . . immigra-tion . . . issues.

California History-Social Science Standard11.11: Students analyze the major social prob-lems and domestic policy issues in contem-porary American society. (1) Discuss the rea-sons for the nation’s changing immigrationpolicy, with emphasis on how the ImmigrationAct of 1965 and successor acts have transformedAmerican society.

10Current Issues of Immigration, 2008© 2008, Constitutional Rights Foundation

The United States is the most diverse nationon Earth. It has been built by millions of

immigrants coming to our shores from all thenations of the world. Immigrants haveenriched our culture and contributed mightilyto our economic growth. Countless numbershave put down roots and found new opportu-nities in the United States.

The process has not always been easy. As new-comers, immigrants have sometimes facedpoverty, prejudice, hostility, and even violence.

But no other nation has been as successful asthe United States in incorporating diverse peo-ples into one nation. Immigration has definedus as a nation.

The first people in America were the ancestorsof the American Indians. Most anthropologistsbelieve these people crossed a land bridge con-necting what is now Siberia and Alaska. Thismigration started from 20,000 to 50,000 yearsago and lasted until the land bridge disap-peared (it is now the Bering Strait).

Early European Immigrants

Estimates vary, but millions of NativeAmericans, or Indians, lived north of the RioGrande River in North America whenEuropeans began to explore and settle this areain the 1500s. The Spanish, French, English andDutch were the chief colonizers of NorthAmerica.

Following the establishment of the first perma-nent English colonies in Jamestown, Virginia(1607), and Plymouth, Massachusetts (1620),many colonists began to arrive in America.Between 1630 and 1643, about 20,000 people set-tled in the New England colonies. They camefor many reasons—to practice their religionfreely, to own land, to escape poor harvests andhunger, to earn a better living.

Between the English colonies in New Englandand Virginia lay the Dutch colony of New

Amsterdam. In 1624, England seized thiscolony from the Dutch and renamed it NewYork. Swedes, Danes, Portuguese, Germans,Poles and other nationality groups had alreadyestablished settlements in the former Dutchcolony.

Soon, the English colonies began to encouragenorthern Europeans to settle in America. Mostof these people were Christians, but Jews fleeingpersecution in Europe also came to somecolonies.

Over 50 percent of the early European immi-grants arrived as indentured servants. Theseindividuals promised to serve their masterswithout pay for a set number of years. Inreturn, the masters paid for their passage toAmerica and for their upkeep in America.Some indentured servants, called “redemption-ers,” were bound to the ship captain whobrought them to the New World. He then auc-tioned them off after arriving in one of thecolonial ports.

The Unwilling Immigrants

In 1619, the first black people landed in EnglishAmerica. They, and many after them, probablycame as indentured servants who could workfor their freedom. But in 1664, the Marylandcolonial legislature passed a law making allblacks in the colony, as well as their offspring,servants for life. Similar laws were passed inother colonies.

A booming slave trade quickly developed. Slaveships in England loaded manufactured goodslike cloth and muskets and traveled to slave trad-ing stations on the coast of Africa. There, thecaptains negotiated with African slave dealers,exchanging their goods for slaves. The slaves werethen forced aboard ships to make the perilous“middle passage” across the Atlantic.

Chained together, they were stacked on shelvesbelow deck in filthy disease-ridden holds with-

History of Immigration Through the 1850s


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out light or fresh air. They were often packedso closely together that they could only lie ontheir sides. Many ship captains believed thatovercrowding the ship would bring moremoney even if some of the slaves died.Thousands of Africans died on these slave shipvoyages, which often lasted up to three months.Ships transported an estimated 1 million slavesfrom West African ports to the 13 Englishcolonies (and later to the United States).

Once in America, ship captains sold theirslaves for cash, which they used to buy rawmaterials like sugar, tobacco, cotton, or otherplantation products. They took this new cargoback to England. This interchange—involvingEngland, Africa, and America—was called the“triangular trade.”

Slavery existed in all 13 colonies before theAmerican Revolution, although Northerncolonies legally recognized black free men andwomen. The agricultural economy of the Southdepended on slave labor. By 1804, all theNorthern states had abolished slavery. Congressoutlawed the importation of new slaves in 1808.But slavery continued to grow in the South.The division between the slave and free statesled to the Civil War in 1861. After the Civil War,the 13th Amendment was adopted, and slaverybecame illegal throughout the United States.Severe legal discrimination against blacks per-sisted for another 100 years.

Irish Immigration

The first U.S. census in 1790 recorded about 4million people living in the colonies—about700,000 of African descent and 2 million ofEnglish descent. Some 400,000 Europeanscame from countries other than England.

European immigration to the United Statesincreased slowly after the Revolutionary Waruntil 1840. Then during the next 20 years,immigration exploded. From 1841 to 1860, over4 million people came to the United States.This represented a 600 percent increase over theprevious 20-year period. Most of these immi-grants came from Great Britain, Germany, andespecially Ireland.

During the potato famines of the 1840s, thou-sands of people in Ireland died of starvationand disease. Many Irish decided to leave Irelandand come to America. They were desperate,poverty-stricken people who could only affordto travel in “steerage.” This was a dark, con-fined area below the main deck of a ship (bare-ly 52-feet high), located near the steering mech-anism. Despite these poor accommodations,1.6 million men, women, and children leftIreland for America in the 1840s and 1850s.

The sailing ships took anywhere from four to 14weeks to cross the Atlantic. Before the end of thevoyage, conditions in steerage often becameunbearable. Usually little fresh water was availableand the food (which the steerage passengers hadto supply for themselves) either ran out or rotted.Overcrowding, poor ventilation, and the lack ofsanitation frequently led to outbreaks of conta-gious diseases such as cholera. At the peak of theIrish immigration in the 1840s, about 25 percentof those in steerage died during the voyage.

The American writer Herman Melvilledescribed steerage as “an open cesspool.” Hewent on to write that Irish passengers in steer-age were “stowed away like bales of cotton, andpacked like slaves in a slave ship, with no lightand air; cut off from all the most indispensableconveniences of a civilized dwelling.”

1790 Census

English 2,042,077Slaves (African) 694,207Scotch 162,572German 139,309Dutch 55,913Irish 37,180French 11,217Hebrew 1,198Other 750,201Total Population 3,893,874Source: University of Virginia Historical Census Browserhttp://fisher.lib.virginia.edu/collections/stats/histcensus/


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The Irish landed in America at the bottom ofthe social and economic ladder. They were poorCatholic peasants with few marketable skills inan overwhelmingly Protestant and rapidlyindustrializing society. To survive, they workedas laborers and servants in the new cities of theNortheast. Through the next decades, until wellafter the Civil War, Irish workers contributedmightily to America’s growing network ofcanals, railways, rural highways, city streets,sewers, and waterworks.

Nativist Reaction Against the Irish

The Irish faced discrimination because of theirCatholicism. As more Irish people arrived, theNative American Party was formed. Supportersof this party called themselves “nativists”believing that they, as white Protestant native-born Americans, were superior to the incomingimmigrants.

In 1844, violent rioting broke out betweennativists and the Irish in Philadelphia. Severalpeople were killed, and nativist mobs burnedIrish homes, stores, schools, and even church-es. The army was called in to stop the riot.

At their national convention the following year,the members of the Native American Party calledthe newly arrived immigrants a “swarm of aliens,who, like a deluge, annually poured moral andpolitical corruption upon us.”

In 1852, a nativist secret society, later known asthe Order of the Star Spangled Banner, wasformed to oppose Catholics in public office.Members of this society had to be white, native-born, Protestant, born of Protestant parents,and not married to a Catholic. They attackedIrish neighborhoods and Catholic churches inthe 1850s. When they were questioned abouttheir activities, they frequently replied, “I knownothing.” Because of this response, they weresoon called “Know-Nothings” by otherAmericans.

The “Know-Nothings” joined other nativists tosuccessfully elect sympathetic politicians to

public office. They opposed the further immi-gration of “cheap working foreigners.” In 1854,nativists elected nine governors and numerousmembers of state legislatures and Congress.Two years later their presidential candidate,Millard Fillmore, won almost 25 percent of thenational vote for president. He had alreadyserved a term as president before joining theNative American Party. But nativists dividedover the issue of slavery, and the NativeAmerican Party eventually collapsed.

The Mexican Borderland

An almost 2,000-mile border today separatesthe United States from Mexico. This border-land region stretches from the Gulf of Mexicoon the east to the Pacific Ocean on the west.The entire area was once part of Mexico.Following the Mexican War, the Treaty ofGuadalupe Hidalgo was signed in 1848. Underits provisions, Mexico ceded all of present-dayCalifornia, Nevada, Utah, New Mexico, andparts of other states to the United States. Inaddition, the treaty approved the 1845 annexa-tion of Texas to the United States. The treatyalso recognized rights of Mexicans living with-in these areas, including the right to keep theirlanguage, religion, culture, and property.

When the Treaty of Guadalupe Hidalgo wassigned, about 75,000 Spanish-speaking peoplelived in the Southwest. They became Americancitizens because the U.S.-Mexican border shift-ed several hundred miles to the south.

Before the Treaty of Guadalupe Hidalgo,Mexicans traveled freely in and out of the area.After the treaty was concluded and the areabecame part of the United States, this patternof movement continued. Although mapsshowed a new international border, Mexicancitizens residing south of the border kept visit-ing their relatives who now lived north of theborder and vice versa. A constant stream ofpeople moved back and forth across the borderwith little regard for border or immigrationregulations.


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Mexicans also sought out work in the border-land area. They stayed in the United States fora few weeks, or for a few months, or for manyyears. Some spent major portions of their life-times living in both Mexico and the UnitedStates. Others remained in this country perma-nently, raised families, worked, and paid taxes.By being born in the United States, their chil-dren automatically became citizens.

For Discussion

1. What were the major European immigrantgroups before 1850?

2. How was the immigration of Africansunique?

3. What is steerage? Why do you think peopleput up with traveling in such conditions?

4. Why did the Irish come to America? Howdo you account for the rise of nativismagainst the Irish? Why do you think thatmembers of most large immigrant groupshave experienced resistance to their set-tling in America?

5. In what ways have immigrants fromMexico differed from those who camefrom Europe? What are some similaritiesof those two groups?

In the 1848 Treaty of Guadalupe Hidalgo, Mexico ceded to the United States all of present-day California, Utah, Nevada,New Mexico, and parts of other states. The treaty also approved the 1845 annexation of Texas by the United States.(Perry-Castaneda Map Collection, University of Texas Library)


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A C T I V I T Y

Immigration Poster

In this activity, students create a poster exhibit on one of the many immigrant groups that havecome to America.

1. Divide the class into groups of two or three students and assign each group one of theImmigrant Groups listed below.

2. Each group should do the following:

a. Research the immigrant group. Find information to answer these questions:

(1) When were the major period or periods of immigration for this group?

(2) Why did the immigrants come during the major period(s) of immigration?

(3) What obstacles did they face in the United States?

(4) How has this immigrant group contributed to America?

(5) Who are three important Americans of this descent? Describe who they are and why theyare important.

b. Create a poster exhibit that answers the five questions above. Consider putting on yourposter quotations from important people, pictures (illustrations, photos, paintings) ofsomething related to the questions, copies of newspaper articles on your topic, cartoons,maps, or other objects related to your topic.

c. Be prepared to describe and explain your poster to the class.


Immigrant Groups

African

Arab

Cambodian

Canadian

Central American

Chinese

Cuban

English, Welsh, and Scottish

Filipino

German

Indian

Irish

Italian

Japanese

Jews from Eastern Europe and Russia

Korean

Mexican

Polish

Russian

Thai

Vietnamese

Another immigrant group (your choice)

Most 19th and early 20th century immi-grants landed in America at the great

Eastern seaports of New York, Philadelphia,and Boston. But a smaller, but no less signifi-cant, port of entry for immigrants was SanFrancisco. Through this port, numerousChinese began to arrive in the 1850s. Manycame as contract laborers to build the westernsegment of the transcontinental railroad.Others came for the California Gold Rush thathad begun in 1849. By 1870, over 100,000Chinese were living in California.

When an economic depression occurred in1873, many Americans lost their jobs. DennisKearney, an Irish immigrant, led theWorkingman’s Party in San Francisco. Hecharged that Chinese immigrants took awayjobs from white Americans by working at low“coolie wages.” Kearney made many speechesagainst the Chinese ridiculing their language,religion, and customs. He ended his speechesby demanding, “The Chinese must go!”Nativist sentiment grew against the Chinese.


History of Immigration From the 1850s to the Present

IIMMMMIIGGRRAATTIIOONN TTOO TTHHEE UUNNIITTEEDD SSTTAATTEESS BBYY DDEECCAADDEE——FFRROOMM 11882211––22000077

DDeeccaaddee NNuummbbeerr ooff IImmmmiiggrraannttss

1821–1830 143,439

1831–1840 599,125

1841–1850 1,713,251

1851–1860 2,598,214

1861–1870 2,314,824

1871–1880 2,812,191

1881–1890 5,246,613

1891–1900 3,687,564

1901–1910 8,795,386

1911–1920 5,735,811

1921–1930 4,107,209

1931–1940 528,431

1941–1950 1,035,039

1951–1960 2,515,479

1961–1970 3,321,677

1971–1980 4,493,314

1981–1990 7,338,062

1991–2000 9,095,417

2001–2007 7,220,484

Source: “Yearbook of Immigration Statistics: 2007” (Table 1), U.S. Department of Homeland Security, URL: www.dhs.gov

Responding to the supposed “Yellow Peril” inthe West, Congress passed the ChineseExclusion Act in 1882. It stopped furtherChinese immigration and prevented Chinesein the United States from becoming natural-ized citizens. Passed for a term of 10 years, theact was renewed in 1892 and made permanentin 1902. It was not changed until World War II(when China was an important U.S. ally).

In the 1890s, Western farmers needing a sourceof cheap labor began to encourage the immi-gration of Japanese. About 7,000 Japanesearrived each year until 1907, when the U.S. andJapanese governments made a “Gentlemen’sAgreement” to slow down the immigration. By1910, over 70,000 people of Japanese ancestrywere living in the United States, most of themin California.

By 1940, this number had grown to more than120,000. Following the Japanese attack on PearlHarbor in 1941, anti-Japanese sentiment arose.Citing fears of espionage and sabotage,President Franklin D. Roosevelt issued an exec-utive order authorizing the mass evacuation ofpeople of Japanese ancestry from Westernstates. Citizens and non-citizens alike went torelocation camps for the duration of the war.In 1988, Congress passed a law apologizing forthe action and compensating each survivingdetainee with $20,000.

European Immigration

About 5 million immigrants, mostly fromnorthern Europe, arrived in America between1861 and 1880. They came on ships, most ofthem traveling in steerage.

Before 1880, most European immigrants camefrom Northern Europe. Starting in 1880, thischanged. More and more immigrants began toarrive from Southern and Eastern Europeannations. People came from Italy, Greece, Turkey,Spain, Portugal, Austria-Hungary, Bulgaria,Rumania, Poland, Russia, and other nations.From 1881 to 1920, nearly 24 million peoplefrom these nations came to America. Most

entered on ship through New York Harbor andEllis Island.

They differed from earlier European immi-grants. More of them were Catholics or Jews.They brought new customs and ways of doingthings.

Most chose to live and work in the largeEastern cities, especially New York, rather thandisperse to the Western farmlands. They filledthe tremendous demand for unskilled workersin the growing factories of America’s industrialcities.

Reaction Against the New Immigrants

In cities, the new immigrants often congregat-ed in ethnic enclaves. In these parts of thecities, immigrants could maintain their cus-toms, eat food they were used to, and speaktheir own language. Some Americans grew con-cerned that the new immigrants would notbecome part of American society. A newnativism arose.

The Immigration Restriction League, formed byprofessionals in Boston, pushed for legislationrequiring a literacy test of all immigrants. Leaguemembers believed that such a test would stopmost immigration from Southern and EasternEurope. In 1907, the U.S. Senate created theDillingham Commission to study immigration.Its report in 1911 filled 42 volumes. The commis-sion blamed many of the nation’s problems onthe new immigrants and recommended a literacytest and other restrictions on immigration.

Extremist groups such as the Ku Klux Klanemerged. The Klan had terrorized Southernblacks after the Civil War to keep them from vot-ing. In 1915, the organization started up againand spread outside the South. Its followersbelieved in the superiority of the white race andspoke out against non-whites, Jews, Catholics,and the foreign born. Klansmen participated inbeatings, brandings, mutilations, kidnappings,lynchings, and murders. The Klan reached itsgreatest strength during the 1920s. It gradually


17

lost members and officially disbanded in 1944(but it was restarted during the civil rights move-ment of the 1950s and ’60s).

Relatively few Americans ever supported theKlan. Many, however, did think that the newimmigrants presented a problem. The FirstWorld War increased this wariness of foreigners.Responding to political pressure, Congress in1917 passed a law over President WoodrowWilson’s veto requiring all immigrants to passa literacy test. It also banned immigrants fromall countries in Asia except Japan and thePhilippines. In 1921, Congress put a temporaryquota on immigration.

In 1924, Congress made the quota permanentand more strict. It limited the total number ofimmigrants to 164,000 each year. It also fixedquotas on immigration from each country, bas-ing the quota on the percentage of people fromthat country who lived in the United States in1890. Since the population in 1890 was over-whelmingly from Northern Europe, the lawfavored immigration from Northern Europe anddiscouraged immigration from other countries.

Immigration dropped dramatically. The GreatDepression caused it to drop even further. In

some years, more people left the United Statesthan entered as immigrants. During World WarII, many people sought to escape from theNazis. Some were denied entry into the UnitedStates because they did not fit within the immi-gration quota set by the 1924 law.

Immigration After World War II

Shortly after World War II, the Cold Warbegan. The United States and Soviet Unionsquared off against one another. During thisperiod, Congress passed measures to admitrefugees from communist nations. In 1953, itpassed the Refugee Relief Act, which admittedthousands of refugees from Europe. The 1957Refugee-Escapee Act allowed entry to peopleescaping from persecution in communist andMiddle Eastern countries. After the communistrevolution in Cuba in 1959, refugees fleeing theisland were granted admission to the UnitedStates.

Although Congress was liberal in admittingrefugees from communist nations, it did notchange the immigration quota system. In 1952, itpassed the McCarran-Walter Immigration andNationality Act over President Harry S. Truman’sveto. This act allowed a few immigrants from

IImmmmiiggrraannttss AAddmmiitttteedd iinnttoo tthhee UUnniitteedd SSttaatteess,, 11990000––22000077((PPeerrssoonnss OObbttaaiinniinngg PPeerrmmaanneenntt RReessiiddeenntt SSttaattuuss))

11,,995500,,000000

11,,880000,,000000

11,,665500,,000000

11,,550000,,000000

11,,335500,,000000

11,,220000,,000000

11,,005500,,000000

990000,,000000

775500,,000000

660000,,000000

445500,,000000

330000,,000000

115500,,000000

001900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2007

Source: 2006 Yearbook of Immigration Statistics (Table 1) and “U.S. Permanent Residents: 2007” (Table 2), Office of Immigration Statistics, Department of Homeland Security


18

Asian nations. It also gave the attorney general“parole” authority to let immigrants enter if itwas in the public interest. Most important, how-ever, it kept the quota system.

Truman complained that the McCarran-WalterAct “discriminates, deliberately and intention-ally, against many of the peoples of the world.”Both Presidents Dwight Eisenhower and JohnF. Kennedy tried to reform the act. But nothinghappened during their terms. Remarkably,when change came, it stirred little controversy.President Lyndon B. Johnson pushed throughthe controversial Civil Rights Act of 1964 andVoting Rights Act of 1965. These were epic strug-gles. His Immigration Act of 1965 sailedthrough Congress.

The act did away with national quotas andinstead set overall limits for immigrants fromthe Western and Eastern hemispheres. It gavepreference to people with useful skills and torelatives of U.S. citizens and permanent resi-dents. In 1978, Congress got rid of the limits oneach hemisphere and instead set a yearly ceilingon immigration.

The New Immigrants

The 1965 act ushered in a new era of immigra-tion. A new wave of immigrants came in the1980s and 1990s. In sheer numbers, more immi-grants came during this period than during thewave at the turn of the 20th century. For exam-ple, in 1914 (the peak year of immigration for

The “Green Card”: The Path to Citizenship

The so-called “green card” is an identification card that shows an immigrant holds the status of alawful permanent resident (LPR). The card used to be printed on green paper. It no longer is, butthe name has remained.

To get a green card, a person must apply. U.S. law sets five areas of preferences for granting greencards:

1. Family-sponsored preferences for those related to U.S. citizens.

2. Employment preferences for those who have needed job skills.

3. Diversity immigration for those who come from countries with low rates of U.S. immigration.

4. Refugees admitted to the United States.

5. Those already granted political asylum.

Lawful permanent residents are authorized to reside and work in the United States and travelabroad. Generally, after living for five years in the United States, an LPR may apply to becomea U.S. citizen.

Some LPRs need not wait five years. The spouse of a U.S. citizen may apply after thtee years, and aperson seeking political asylum may apply after four years. Additional requirements for naturalizedcitizenship include:

1. Physical presence in the United States for a specified period.

2. A good moral character.

3. Being able to read, write, speak, and understand ordinary English.

4. Being at least 18 years of age.

5. Passing a citizenship test.


19

that era), 1.2 million immigrants arrived. In1991 (the peak year of the new immigration),1.8 million immigrants came. But this compar-ison is somewhat misleading. In 1914, the pop-ulation of the United States was 99 millioncompared to 252 million in 1991. As a percent-age of the population, immigration in 1914 wasfar greater than in 1991 (1.2 percent of the pop-ulation compared to .7 percent in 1991).

The 1965 law caused the percentage of foreign-born people to rise. In 1970, only 5 percent ofthe U.S. population was foreign born. Today,about 10 percent are foreign born. But this isstill lower than in 1910 when 15 percent of thepopulation was born outside the United States.

Most of today’s immigrants do not come fromEurope. They mainly come from Asia andLatin America, especially Mexico. Mexico hadprovided a small percentage of immigrants tothe United States since the 1849 Treaty ofGuadalupe Hidalgo (which ceded theSouthwest to the United States). The MexicanRevolution of 1910 and the subsequent unrestsent more Mexicans north. But in the 1930s,the Depression in the United States caused vastunemployment. Nativist pressure focused onremoving Mexican workers, and the govern-ment even adopted programs to return workersto Mexico. Some left willingly, but others werecoerced and forcibly deported.

Because of a labor shortage in World War II,the U.S. government started the bracero pro-gram (bracero is Spanish for “day laborer”). Itallowed workers from Mexico to come tem-porarily to do seasonal farmwork and otherlabor. The program ended in 1964. In its peakyear (1959), 450,000 braceros entered the coun-try. Beginning in the 1950s, more immigrantscame from Mexico. This flow continued, andby 2001, Mexico sent far more legal immigrantsto the United States than any other country.

Most recent Asian immigrants have come fromfive countries: China, the Philippines, India,Vietnam, and Korea. Chinese immigration

restarted in 1943 when Congress got rid of theChinese Exclusion Act. Like the other immi-grant groups, it surged after 1965. The firstVietnamese immigrants arrived in the UnitedStates as refugees from the Vietnam War, whichended in 1975. Most Korean immigrants havejoined family members who immigratedaround the time of the Korean War (1950–53).

Immigration from the Philippines dates to theSpanish-American War of 1898 when theUnited States took control of the Philippines.As members of an American colony, Filipinoswere allowed to immigrate to the United States.Congress cut off this immigration in 1934when it promised Philippine independence.Immigration rose sharply after the 1965 law.

The law also sparked new immigration fromIndia. In 1970, about 75,000 people of AsianIndian ancestry lived in the United States. By2000, the Asian Indian population had jumpedto more than 1.6 million. Most of the immi-grants from India were professionals or well-educated.

Top-10 Countries in 2007 for ImmigrantsGetting U.S. Green Cards

(Permanent Resident Status)

Country Number of Green Cards

Mexico 148,640People’s Republic of China 76,655Philippines 72,596India 65,353Colombia 33,187Haiti 30,405Cuba 29,104Vietnam 28,691Dominican Republic 28,024Korea 22,405

These 10 countries accounted for more thanhalf of all the green cards issued in 2007.

Source: “U.S. Permanent Residents: 2007” (Table 3), Office ofImmigration Statistics, Department of Homeland Security


20

Major U.S. Immigration Laws

U.S. Constitution (1789) gave Congress the power to “establish an uniform Rule of Naturalization.”

Immigration Act of 1819 set standards for vessels bringing immigrants. Ship captains had to provide customs officials with a list ofimmigrants describing where they came from, where they were going, and their age, sex, and occupation. Passengers ill with conta-gious diseases had to be quarantined. States carried out the provisions of this law.

Treaty of Guadalupe Hidalgo (1848) granted U.S. citizenship to Mexicans living in the territory ceded by Mexico to the UnitedStates.

14th Amendment to the U.S. Constitution (1868) guaranteed that “All persons born or naturalized in the United States . . . are citizensof the United States . . . .”

Chinese Exclusion Act (1882) banned for 10 years Chinese immigration and eligibility for citizenship. The law was renewed in 1892and made permanent in 1902. It was not repealed until World War II.

Contract Labor Law of 1885 outlawed the practice of signing up foreign laborers to work in America for low wages. No immigrantcould have a job or a promise of a job before landing.

Immigration Act of 1891 gave the job of processing immigrants to the federal government. Federal inspectors examined immigrantson arrival. The law also barred persons suffering from “loathsome or dangerous diseases,” those convicted of crimes involving“moral turpitude,” polygamists, and those whose passage was paid for by others. Those rejected for immigration were deported atthe expense of the shipping companies.

Immigration Act of 1907 allowed the president to make an agreement with Japan to limit the number of Japanese immigrants. Thelaw also barred the feebleminded, those with physical or mental defects, those suffering from tuberculosis, children under 16 with-out parents, and women entering for “immoral purposes.”

Immigration Act of 1917 banned all “aliens over sixteen years of age, physically capable of reading, who cannot read the English lan-guage, or some other language or dialect . . . .”

National Origins (First Quota) Act of 1921 limited the number of immigrants from any country to 3 percent of the foreign-born per-sons of that nationality living in the United States in 1910. This formula provided for relatively large immigrant quotas forNorthern Europe and small quotas for Southern and Eastern Europe.

National Origins (Second Quota) Act of 1924 further discriminated against Southern and Eastern Europeans by limiting the numberof immigrants from any country to 2 percent of foreign born persons of that nationality living in the U.S. in 1890. Only 164,000immigrants were to be admitted each year; this total was further reduced to 150,000 in 1929. The law also imposed new restrictionson Asian immigration.

Displaced Persons Act of 1948 allowed into the United States refugees from countries ravaged by World War II, but their entry wascharged to the national quota limits established in 1924.

McCarran-Walter Act of 1952 maintained the quota system and limited immigration to 150,000 persons a year. In addition, refugeesfleeing communist countries were admitted under special parole authority of the U.S. attorney general.

Immigration Act of 1965 abolished the national origins quota system. Preference is given to skilled persons and immigrants whoare closely related to American citizens. After five years residency in the United States, immigrants may apply for naturalizedcitizenship.

Refugee Act of 1980 defined a “refugee” as any person leaving his or her own country because of a “well founded fear of persecu-tion on account of race, religion, nationality, membership in a particular group, or political opinion.”

Immigration Reform and Control Act of 1986 made it illegal for employers to knowingly hire unauthorized immigrants. It also set upa process to grant amnesty and legal papers to about 1.5 million undocumented people in the United States.

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 authorized more Border Patrol agents and a triple fence along theSan Diego border, made tougher penalties for smuggling people and creating fraudulent documents, and created an “expeditedremoval” process to remove anyone trying to enter the United States without proper documents.

USA Patriot Act of 2001 put immigration under the control of the newly created Department of Homeland Security and tripled thebudget for Border Patrol agents along the Canadian border.

The Secure Fence Act of 2006 authorized the construction of hundreds of miles of fencing, lighting, and surveillance technologyalong the U.S.-Mexico border to curb unauthorized immigration.


21

Unauthorized Immigration

Since the 1950s, unauthorized immigration hasalso grown. No one knows the size of this popu-lation, but the Immigration and NaturalizationService has made estimates. (The INS is nowcalled U.S. Citizenship and Immigration Servicesand is part of the Department of HomelandSecurity.) In 1990, it estimated that 3.5 millionunauthorized immigrants lived in the UnitedStates (about 1.4 percent of the total population).By 2006, it calculated that the number hadtripled to 11.6 million (about 3.8 percent of thetotal population). About a fourth of the undoc-umented immigrants live in California and aneighth live in Texas. A little more than half ofthem come from Mexico.

A debate has raged over whether unauthorizedimmigration is a serious problem and, if so,what to do about it. California and Texas havecalled on the federal government to help stemthe tide.

Beginning in the early 1990s, the governmentincreased patrols around major border cross-ings. In recent years, it seems that unauthorizedimmigration has slowed down, and despitestepped-up border patrols, the number ofapprehensions has dropped. It’s not knownwhether the decline in unauthorized immigra-tion comes from the increased patrols or thedecline in the U.S. economy.

Why Do Immigrants Come to America?

From 1821 to 2007, more than 70 million peo-ple entered this country from many lands.Some paid their own way. Some came asindentured servants. Some signed up as con-tract laborers to work on American railroads,canals, farms, and factories. Others came asrefugees or entered the United States withoutauthorization. Millions abandoned theirhomes to become part of the greatest massmigration of people in the history of theworld. Why did they do this, and why do theystill come?

As in most cases of human migration, there are“push” and “pull” factors at work. “Push” factorsare conditions that encourage people to leavetheir homelands. They include such things asfamine, unemployment, and poverty. Also, crip-pling taxes, wars, the military draft, and religiousand political persecution have forced people toabandon their native countries.

Immigrants coming to this country have notonly been “pushed” from their homelands.They have also been “pulled” by the seeminglylimitless opportunities of America. There wasland to farm. There were forests to cut downand railroads to build. The Gold Rush of 1849stirred the imaginations of the adventurous.Those trapped in poverty saw a way out by get-ting jobs as farm laborers or in the industrialcities of America. Still others were drawn by theAmerican ideals of freedom and equality.

Millions of immigrants have pulled up theirroots and journeyed to America. Immigrantsare still coming. They are coming for the samereason that most immigrants came in the past:for hope and a chance for a better life.

How Has America Accommodated SoMany Immigrants?

The United States has forged a nation of immi-grants. The presence of different ethnic groupscould easily have led to permanent divisionsand ethnic strife as it has in other places. Thiscountry has experienced some of these prob-lems at various times, most notably racism andnativism. Yet through all the hardships and set-backs, it has managed to mold a united nationfrom diverse ethnic groups. There are many rea-sons for this success.

First, from the beginning, the United States hasbeen a nation of immigrants. In 1783, PresidentGeorge Washington stated: “The bosom ofAmerica is open to receive not only the opulentand respectable stranger, but the oppressed andpersecuted of all nations and religions.”Accepting immigrants is considered part ofAmerican culture.


22

Second, America’s commitment to freedom hasencouraged toleration of different religions andtraditions. The First Amendment to the U.S.Constitution guarantees freedom of expressionand the right to freely practice any religion.

Third, upward mobility has kept ethnic groupsfrom being mired in poverty. The United Stateshas historically had a strong economy. Thegrowing economy has pulled most people up,including immigrants. In most cases, after ageneration or so, people have joined America’svast middle class.

Fourth, the United States’ two-party system hashelped prevent political fragmentation alongethnic lines. The United States has had somethird-party movements, but they have beenshort- lived. Those engaged in politics have hadto work within one of two parties. The partiesin turn have had to accommodate a broadrange of people.

Fifth, American ideals proclaim an openness toimmigrants. The Declaration of Independenceproclaimed that “all men are created equal.”The Statue of Liberty stands in New YorkHarbor as a beacon welcoming immigrants.The United States has not always lived up tothese ideals, but they have given immigrants asense that they belong in America and haveencouraged toleration from everyone.

For Discussion

1. The two largest periods of immigration inour history occurred before World War Iand from the 1980s onward. Where did theimmigrants come from in each of theseperiods? How are the immigrants of thetwo periods different? How are they simi-lar? Why do you think that moreEuropean immigrants did not come to theUnited States after 1965?

2. What were the “push” and “pull” factorsthat accounted for the mass migration ofpeople to the United States up to 1924?What factors exist in the world today thatexplain why many people are still comingto America?

3. What is nativism? What examples of it arecited in this article? What do you thinkaccounts for it?

4. The end of the article cites various reasonsfor America’s success in forging a nationof immigrants. Which of these reasons doyou think is most important? Why?

5. What did the 1924 immigration law do?How did the 1965 law change this? Whichlaw do you think is better? Explain.

6. Do you think the U.S. today does a goodjob of welcoming immigrants? Why?


You’ve probably heard a lot of talk aboutunauthorized immigration. It is often also

referred to as illegal immigration or undocu-mented immigration. For the last 30 years,unauthorized immigration has been a majorpolitical issue. It remains one of the most dif-ficult to resolve.

The Numbers

No one really is sure how many undocumentedimmigrants live in the United States. TheDepartment of Homeland Security calculatedthe January 2006 unauthorized population as11.6 million people, but this was just an esti-mate. Moreover, the undocumented popula-tion fluctuates. Population experts have discov-ered that while there is a constant flow ofundocumented people coming into the UnitedStates, there is also a counterflow leaving eachyear. This is especially true for undocumentedimmigrants from Mexico.

Undocumented immigrants come from manyparts of the world—Latin America, Europe,Asia, and Africa. Mexicans make up the singlelargest group of undocumented workers. Butmany Mexicans remain only temporarily in theUnited States. Many get low-paid jobs that donot last long. When the jobs end, they oftenreturn to Mexico. One expert has claimed thatthe average stay of undocumented workersfrom Mexico is around six months. Of course,some remain for much longer, while others arecaught and deported. Each year about 1 mil-lion people, the majority of them from Mexico,are arrested by immigration officers.

The Reasons

Thousands of Mexicans, some with their fami-lies, cross without authorization into theUnited States each year looking for work. Theycome because of conditions in Mexico.Mexico’s population is increasing rapidly. It isprojected to grow from 100 million in 2000 to

135 million in 2025. In 1975, Mexico’s popula-tion was 60 million.

Although its population is exploding, Mexico’sagricultural output has not grown much since1975. About half of its farmers do not growenough to feed their families. This has pushedmany to search for jobs in the cities. But theunemployment rate in Mexico often climbs to25 percent. Of those who do find jobs, 60 per-cent work for very low wages. In numerousrural villages and in major Mexican cities,poverty often threatens the survival of families.Many people survive from the money thatundocumented immigrants send home fromthe United States. Many decide to join thethousands crossing the border into the UnitedStates in search of work.

Under current U.S. immigration law, from150,000 to 200,000 Mexicans legally immigrateinto this country each year. But there is a wait-ing list. To get on the list, preference is madefor Mexicans who either are:

• close relatives of a legal U.S. resident, or

• skilled workers or professionals.

For many poor and unemployed Mexicans,these preferences make it almost impossible to


Period of Entry for Unauthorized Immigrants

Period of Entry Number Percent

2004–2005 1,330,000 122002–2003 1,240,000 112000–2001 1,590,000 141995–1999 3,240,000 281990–1994 1,980,000 171985–1989 1,270,000 111980–1984 910,000 8

Total all years 11,550,000 100

Source: “Estimates of Unauthorized Immigrant Population Residingin the United States: January 2006” (Table 1), Department ofHomeland Security


24

immigrate legally to the United States. Manydo not want to immigrate permanently. Theyjust want to get a job, make some money, andreturn home.

Crossing the Border

Smuggling immigrants into the United States isa big business along the Mexican border.Organized bands with thousands of guides,known as “coyotes,” take in millions of dollars ayear. Many immigrants learn that their chancesof making it across the border are much better if

they pay someone to smuggle them in. Thosewithout guides often get caught.

The job of stopping unauthorized immigrationalong the 1,951-mile U.S.-Mexico borderbelongs to the U.S. Border Patrol. When undoc-umented people are caught, they are notbrought to trial. Trials for thousands who arecaught would overpower the federal courtsystem. So most are simply detained and thenbused back across the border. Quite often, theyattempt their journey again within a few days.

Since 1993, the government has beefed up theBorder Patrol. The number of Border Patrolagents has almost quadrupled from fewer than4,000 in 1994 to 15,000 in 2007. The BorderPatrol is part of U.S. Customs and BorderProtection, which is now part of theDepartment of Homeland Security. (Until2003, the Border Patrol was part of theImmigration and Naturalization Service andwas part of the Justice Department.)

Beginning in 1994 with Operation Hold-the-Line, the Border Patrol has focused on stoppingunauthorized immigrants crossing from bordercities and towns in California, Texas, andArizona. The increased patrols have apparentlyshut down much unauthorized immigration inthese areas as the Border Patrol makes fewerarrests in these populated areas. The border ismuch more difficult to cross. More and moreimmigrants trying to enter the United Statesturn to coyotes for help and try crossingthrough dangerous terrain like the remotedeserts of Arizona and eastern California. As aresult, more have died of exhaustion and expo-sure trying to enter the United States. From1998 through 2004, more than 2,000 unautho-rized immigrants died trying to cross.

Economic Impact

Most undocumented Mexicans come to theUnited States to work and make money. Butthey do require government services. Their chil-dren attend public schools. When they get sick,they go to public hospitals. Many studies, how-

Country of Birth of Estimated UnauthorizedImmigrant Population, 2000 and 2006

Top-10 Countries

All countries 2006 11,550,0002000 8,460,000

Mexico 2006 6,570,0002000 4,680,000

El Salvador 2006 510,0002000 430,000

Guatemala 2006 430,0002000 290,000

Philippines 2006 280,0002000 200,000

Honduras 2006 280,0002000 160,000

India 2006 270,0002000 120,000

Korea 2006 250,0002000 180,000

Brazil 2006 210,0002000 100,000

China 2006 190,0002000 190,000

Vietnam 2006 160,0002000 160,000

Other countries 2006 2,410,0002000 1,950,000

Source: “Estimates of Unauthorized Immigrant PopulationResiding in the United States: January 2006” (Table 3),Department of Homeland Security


25

ever, have found that the undocumented immi-grants pay more in payroll taxes—income taxesand Social Security—than the costs of theseservices. Undocumented immigrants also paylocal taxes, but local government officials com-plain that local government pays for the serv-ices that undocumented immigrants need andthe federal government collects the bulk of thetaxes that they pay.

Many politicians, especially in California,Arizona, and Texas, have demanded that thefederal government compensate the state andlocal governments for these services.

In 1975, Texas passed a law authorizing schooldistricts to stop admitting children who werenot “legally admitted” into the United States.The law was challenged in court, and in 1982,the U.S. Supreme Court ruled that the lawviolated the 14th Amendment to the U.S.Constitution. The court held that the equalprotection clause of the 14th Amendmentrequires the state to provide free public school-ing to children of undocumented workers on aequal basis with other children in the state.(Plyler v. Doe)

Many employers want undocumented workerswho will work for lower wages. Some employers

of undocumented workers exploit or cheat them.Some employers have even refused to pay undoc-umented workers, because they know that theworkers would be afraid to report them for fearof being turned in to the immigration service.

The Immigration Reform and Control Act of1986 made it illegal for employers to hireundocumented workers. But this provision ofthe law has had questionable effect. The immi-gration service permits employers to acceptmany different documents as proof of workeligibility. For anywhere from $20 to $60, aworker can buy fraudulent documentation.

Perhaps the greatest worry Americans haveabout undocumented immigrants is the beliefthat they take away jobs from U.S. citizens.There is a great debate among economists andothers over this issue. No hard statistics havebeen produced that show how seriouslyAmerican workers are hurt by unauthorizedimmigrants taking jobs they could fill.

Some experts believe that undocumented work-ers generally take hard, low-paying jobs thatmost Americans turn down—picking crops, dig-ging ditches, busing tables, washing dishes,cleaning, working in clothing factories, etc.A former commissioner of the immigration


Mounted Border Patrol agents cover remote areas that are inaccessible to vehicles. (United States Customs and BorderProtection)

service, Lionel Castillo, has stated that hebelieves unauthorized immigrants create jobsand benefit the economy. “Some individualworkers get hurt . . . .” he says. “But as a coun-try, our economy is strengthened. . . .”

Other experts disagree. Mark Krikorian, execu-tive director of the Center for ImmigrationStudies, argues that undocumented immigrantshurt both American workers and business. Hesays that the influx of undocumented workerskeeps wages of unskilled workers low. He alsoargues that “illegal immigration prevents inno-vation and causes the industry in question tolose its competitive edge in the long term.Reducing illegal immigration and allowingwages to rise naturally would not only be goodfor the working poor, it would make for a moreproductive economy. Employers, in response toupward pressure on wages, would adopt moreproductive methods . . . .”

What Should Be Done?

Americans on all sides of the immigrationdebate believe our immigration system is bro-ken. They debate how to fix it.

On one side are those who think that tougherimmigration laws and enforcement can cut thenumber of undocumented persons in the coun-try. They may differ on the methods for enforce-ment. Some favor employing more Border Patrolagents, building high fences across the border,and even making unauthorized immigration afelony. Others seek to punish employers whohire undocumented workers.

On the other side are those who believe that thetougher approach has already failed. They thinkthat new laws are needed that can actually beenforced. Such an approach, they say, mustaccommodate the reality of the situation: Manyundocumented workers are already in theUnited States, workers cross the border to getjobs that are awaiting them or to unite withfamily members, and people enter withoutauthorization because the legal process is fartoo cumbersome and time-consuming.

Numerous proposals have been made to dealwith the issue of unauthorized immigration.Some are outlined below.

(1) Intercept unauthorized immigrants atthe border. This would entail further beef-ing up the Border Patrol and perhaps evencalling on National Guard troops to helpout. The Border Patrol has already done abetter job by concentrating its forces onhigh-frequency crossing points, such as the13-mile border near San Diego. Lights,fences, and automobile barriers have beenbuilt along this stretch. Opponents ofinterception argue that it would take asmall fortune to seal the border, becausepeople will always find a way to cross it.They point out that one effect of tightenedborders is that today more undocumentedworkers stay in the United States instead ofgoing back and forth across the border.

(2) Stop employers from hiring undocument-ed immigrants. This would entail stiffeningpunishments on employers, particularlyrepeat offenders. Assets from a businesscould be forfeited to the government. Somecurrent federal policies being proposed urgethe creation of a mandatory standard forfraud-resistant identification cards for everyperson authorized to work in the UnitedStates or an electronic database listing all eli-gible workers. Opponents argue that pun-ishing employers would hurt business andstart making employers reluctant to hireminorities. An identity card or database,they believe, would violate the privacy rightsof individuals.

(3) Stop government services to unautho-rized immigrants. This would entail pass-ing laws requiring public schools, hospitals,and welfare offices to require proofof citizenship or legal residency beforepermitting persons to use non-emergencypublic services. Supporters believe that thiswould relieve taxpayers from paying forservices for undocumented immigrants.


Opponents argue that this would do noth-ing to stop unauthorized immigration,that it would send children into the streetsand leave dangerous diseases undiagnosed,and that the Supreme Court has declaredsuch laws unconstitutional in Plyler v. Doe(1982).

(4) Give undocumented workers a path togain citizenship. Undocumented workersalready in the United States would be givena work permit. On showing that they haveno criminal record and after a period ofyears, they would be given the opportuni-ty to get permanent resident status andeventually citizenship. Supporters say thatthese people have entered without authori-zation mainly because our immigrationsystem is broken. They argue that theseworkers should get a chance to earn citi-zenship. Opponents argue that grantingan amnesty has been tried before and onlyencourages more unauthorized immigra-tion. They argue that it would rewardunauthorized immigrants who leapfroggedover others waiting to get proper authori-zation to enter the country.

(5) Create a guest-worker program. Thiswould allow a limited number of Mexicannationals to enter the country legally andwork in jobs that U.S. workers are reluc-tant to take, such as farm work. The coun-try did allow guest workers from Mexico(called braceros) from World War II until1964. Supporters believe that it will be eas-ier to enforce immigration laws and alsoprotect immigrant workers if we have alegal procedure for letting in temporaryworkers and give them the full protectionof U.S. laws. Opponents say that thebracero program led to more unauthorizedimmigration and greater exploitation ofMexican guest workers.

(6) Expand the number of legal immigrantsto fit the existing job market. The numberof legal immigrants would be increased or

decreased each year depending on the jobmarket. Supporters note that people enterthe United States without authorizationbecause there are many job opportunities,and there are not enough immigrants enter-ing with authorization to fill these jobs.Opponents argue that there are too manyAmericans without jobs and that employersare just trying to get cheap labor.

(7) Streamline the legal immigrationprocess. The government would work tostreamline the current system, which isclogged with requests to work in theUnited States or to join family membersalready in the United States. Supportersnote that many people enter withoutauthorization because the current systemis so backlogged. Opponents point outthat since the attacks of September 11,2001, our borders need greater security andimmigration officials should carefullycheck everyone entering the country.

(8) Aid Mexico. Others who have studied theunauthorized immigration situation believethat something should be done to eliminatethe basic cause of the problem—the pooreconomic conditions in Mexico. Theseexperts propose that the United States sub-stantially increase economic aid to Mexico,enabling it to put more of its own people towork at better wages. They also supportincreased trade with Mexico, to which theyhope the North American Free TradeAgreement will be a contributing factor.Some opponents of assisting Mexico believethat aid money seldom works, and othersthink it would take more money thanAmerica can afford and too much timebefore it would affect the problem.


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For Discussion

1. What reasons does the article cite for unau-thorized immigration from Mexico to theUnited States each year?

2. How has the federal government used theBorder Patrol to address the unauthorizedimmigration issue?

3. Imagine that you are an employer. Explainthe economic impact of unauthorizedimmigration from an employer’s perspec-tive. Explain it from the perspective of thegovernor of a state that has many unau-thorized immigrants.

AAccttiivviittyy

A Field Hearing

What should the United States do about unau-thorized immigration? Members of the U.S.House of Representatives Committee on Issuesof Immigration are holding a field hearing onissues of immigration to gain a better under-standing of where people stand on these issues.A field hearing is a process that allows diverseinterest groups to present testimony to repre-sentatives of the legislative branch regardinggovernmental policy.

1. Form the following role groups:

Group A: Employers of UndocumentedImmigrants: You claim that you needlaborers willing to work at hard jobs forlow wages. You say it’s difficult to getAmericans to take such jobs.

Group B: Opponents of UnauthorizedImmigration: You are a group ofAmericans who favor stricter immigrationregulations. You are convinced that undoc-umented workers take jobs away fromAmericans, keep wages low, and causetaxes to rise.

Group C: Border Patrol: You are frustrat-ed that so many undocumented immi-grants still cross the U.S.-Mexican border.

Border Patrol officers arrest thousands ofunauthorized immigrants. Often they aredeported only to try to re-enter the U.S.once again.

Group D: Supporters of UndocumentedWorkers: You are a group of Americanswho sympathize with and represent undoc-umented workers. You believe that undoc-umented workers are hardworking andgreatly help the American economy. Lawsshould be enacted to let them work legallyin the United States.

Group E: Mayors of U.S. Cities: You rep-resent a national association of mayors,and each of your cities contains a signifi-cant number of unauthorized immigrants.You feel a need to satisfy different con-stituencies in your cities, including busi-ness owners, employees who are U.S. citi-zens, and the greater immigrant commu-nity. Your group has no established posi-tion.

Group F: Committee Members: You aremembers of the House committee and youwill be making recommendations onunauthorized immigration.

2. Follow the instructions for your group.

Instructions for Groups A–E:

Everyone in your group should approachthis activity from the point of view you areassigned, even if you personally disagree.Do the following as a group:

a. Discuss the pros and cons of each of theeight proposals listed in the article.Remember to think like the people youare representing.

b. Agree on which one of the eight poli-cies your group will argue should beincluded in U.S. Immigration laws.Agree on which one of the proposalsyour group will argue is your “dealbreaker”—the one that you absolutelywant dismissed from consideration.


30

Everyone in your group needs to helpdevelop arguments for your top choiceand your deal breaker to present at thehearing.

c. Prepare a two-minute presentation togive to the House committee. Have peo-ple prepared to answer any questionsthe committee asks.

Instructions for Group F: CommitteeMembers

Your job is to become familiar with each ofthe policies being discussed and to askeach of the invited groups questions abouttheir recommendations. After each interestgroup has had two minutes to presenttheir position and then answer the com-mittee’s questions, you will take a vote todecide which policies should be recom-mended to the House of Representatives.

Do the following as a group:

a. Select a chairperson who will call uponthe groups and lead the questioning.

b. Discuss each of the eight proposals list-ed in the article so that you are familiarwith them.

c. Prepare at least two questions to askeach of the groups.

3. When the groups are ready, convene thehearing. Each group should be called uponto make its presentation and answer ques-tions.

4. After all the groups have presented, thecommittee should discuss the informationin front of the class. After the discussion,the committee should vote on each of theproposals. If a majority favors the propos-al, then the proposal will be go to the floorof the House of Representatives for a vote.

5. Debrief the activity by discussing the fol-lowing questions:

• Were any of the votes unanimous?What might be the reasons for this?

• Were any compromises reached in thedecision-making process?

• Who will likely oppose the policies thecommittee advocate? Why?

• Who will likely support those policies?Why?

Additional Discussion Questions:

• Was it hard to take the perspective ofthe group you were assigned? Why orwhy not?

• If you really wanted to impact federalpolicy, such as policies related to immi-gration, what are some things you, asstudents, might do?

The federal government is incharge of the nation’s policies

on immigration. The current pro-posals before Congress on immi-gration are examples of the makingof public policy.

Public policy consists of laws,rules, regulations, and agreementsestablishing how the governmentoperates. When Congress passedthe U.S.A. Patriot Act in 2001 andput immigration under the controlof the Department of HomelandSecurity, it was establishing public policy.When an executive agency such as the U.S.Citizenship and Immigration Services adoptsimmigration rules, it is setting public policyfor all immigrants.

Making and Changing Public Policy

The formation of public policy on immigra-tion can be complex. Congressional policymaking is usually done through the lawmakingprocess. In 2006, immigration proposals inCongress began to take shape after PresidentGeorge W. Bush proposed a guest-worker pro-gram to address the issue of unauthorizedimmigration.

A member of the House of Representatives pro-posed an immigration bill, starting the law-making process. The proposed bill was given anumber and referred to the JudiciaryCommittee. Each committee in the Housestudies proposed policies. It may hold hearingsand call experts to testify about the need forand effects of the new law. Those opposing thebill also might testify. The committee thendebates the policy and votes on the bill. If it isapproved by a majority of the committee, it issent to the whole House to consider.

An immigration bill, without a guest-worker pro-gram, was approved by a majority of the

Judiciary Committee and sent to the floor of theHouse for debate. Many amendments were pro-posed to the bill on the floor. Twenty-four wereeventually adopted and added to the bill. TheHouse then voted 239 to 182 to pass the bill.

At the same time, an immigration bill was mov-ing through a parallel process in the Senate.The Senate bill differed greatly from the finalHouse bill. For example, it included a guest-worker program and a path to citizenship forundocumented workers. When the Senate billpassed with a vote of 62–36, the House andSenate immigration bills could have gone to aConference Committee made up of senatorsand members of the House. This committeemust compromise and reconcile the differencesin the two bills.

The bill can then be passed by both the Houseand Senate and sent to the president. If signed,the bill becomes a law and a new policy isestablished. If the president vetoes the bill,Congress might override the veto if two-thirdsof both the Senate and House vote to do so. OrCongress might modify the bill to meet thepresident’s concerns.

Throughout the lawmaking process, the publichas opportunities to influence the outcome.With a new immigration bill, advocacy groupssuch as the National Immigration Forum and



the Center for Immigration Studies mighttrack the bill and provide their members withinformation. Lobbyists might try to sway legis-lators. Letter-writing campaigns could be organ-ized. The news media—in print, on the radio,on television, and on the Internet—might pres-ent editorials, stories, and opinion polls on theproposed policy.

Congress is not the only branch of governmentthat makes policy. Executive agencies of govern-ment also make policy. If Congress, for example,were to pass an immigration law with a guest-worker program, the law probably would notdescribe all the details of the program. Includedin the law would be “enabling legislation.” Thisis a provision requiring that the appropriateexecutive agency more clearly define what isrequired by the law and set policies for puttingit into effect. The law would be referred to theDepartment of Homeland Security, which con-trols immigration enforcement. The departmentwould work to develop regulations for the guest-worker program. This might entail holding pub-lic hearings around the nation. Once the regula-tions were decided on, a document would beproduced and sent out for public and expertcomment. The final regulations would be subjectto congressional oversight.

The Realities of Policy Making

Policy making is not always an easy process. Forexample, the leadership in the House andSenate decided not to put the two 2006 immi-gration bills into a Conference Committee.The leadership believed the differences were toogreat to reconcile. Instead, the House passed anew bill authorizing the building of a 700-milefence along the almost 2,000-mile Mexican bor-der. The Senate passed a similar bill, andPresident Bush signed it into law.Comprehensive immigration reform wouldhave to wait.

In making policy, deep disagreements can eruptat almost any stage. Sometimes people disagreeabout the goals of a proposed policy. Does our

society really want to pursue that goal? Othertimes people agree that the goal of the policy isgood, but argue that the proposed policy willnot help achieve it.

Sometimes questions arise about the motiva-tions of the policy makers. Are they creating apolicy to benefit one segment of society overanother? What groups or points of view areinfluencing their judgment?

All policies have consequences. That is, some-thing will happen as a result of the policy. Whowill benefit from the policy? Whose interestsmight be harmed by the policy? Disagreementscan arise about what the consequences will beand who will benefit the most. Others worrythat a policy might have consequences that aredifficult to predict and might end up doingmore harm than good.

On some issues, agreement about policies is dif-ficult or impossible. In the pre-Civil War years,America was deeply divided on the issue of slav-ery and its expansion into new states and terri-tories. Congress and various presidents all triedto establish policies that would address the issue,but none ultimately succeeded. The differencesin values, principles, and interests of thoseopposing and supporting slavery were too greatto overcome. When such a divide exists, it is dif-ficult to create policies to resolve such an issue.

For Discussion

1. What is public policy? Give an example ofa public policy, tell which major groupsare interested in it, and explain their posi-tions.

2. Who makes public policy? Give an exam-ple of a process for making it.

3. How and when can citizens influence themaking of public policy?

4. Why might it be difficult for people toagree on some issues of public policy? Givea modern example of a highly controver-sial issue of public policy.


Congress passed a sig-nificant bill affecting

immigration in 2005,signed by the president inMay of that year. Calledthe REAL ID Act, it was inlarge part a response to theterrorist attacks of 9/11.The law provides that state-issued driver’s licenses andID cards may not beaccepted by federal agen-cies for “official purposes”(such as boarding a com-mercial airplane) unlessthey meet certain mini-mum requirements. One requirement of thelaw is that a state must document a person’simmigration status before it may issue the per-son a license or ID card. The states were sup-posed to either comply with the federal require-ments or apply for an extension by May 2008.By April 2008, all 50 states had received anextension.

In 2006, the House and Senate passed two vast-ly different bills for comprehensive immigra-tion reform. The Republican leadership decidednot to take the bills to a ConferenceCommittee, and the bills died. A new Congresswas elected in 2006 with Democratic majorities.The new Congress faces the challenge of craft-ing immigration reform.

Democratic members of Congress tended tofavor the Senate bill. And Republican memberstended to favor the House bill. President Bush,a Republican, seemed to favor the Senate bill.But even with a new Democratic majority andsupport from the White House, it will be diffi-cult to craft a comprehensive immigration billthat will pass both houses of Congress. Onereason is that new Democratic majorityincludes some members who favor the Houseversion over the Senate version.

Members of Congress are trying to craft a com-promise bill in each house to avoid creatingtwo vastly different bills, as happened in 2006.The 2006 bills will be the starting point to cre-ate new immigration law.

Both bills contained many similar provisions,particularly in the areas of anti-terrorism andcrime prevention related to the border. But sec-tions of the bills differed greatly. The followingdescriptions of the bills and their contrastingsections have been culled from news and con-gressional sources.

House Bill 4437

This bill was sponsored by Representative F.James Sensenbrenner Jr., a Republican fromWisconsin. He was the chairman of the HouseJudiciary Committee. (This committee is nowchaired by Democrat John Conyers ofMichigan.) The bill had 35 co-sponsors andpassed the House by a 239 to 182 vote. Two-hun-dred three Republicans favored the bill, and 164Democrats voted against it.

The stated purpose of the House bill was to pre-vent terrorism: “The failure to control and toprevent illegal immigration into the UnitedStates increases the likelihood that terrorists


Current Proposals on Unauthorized Immigration

will succeed in launching catastrophic or harm-ful attacks on United States soil.”

The major provisions of this bill included:

1. Criminal penalties. It provided for criminalpenalties on undocumented workers andthose who help them. It made “unlawfulpresence” in the United States a felony. Itenhanced penalties for smuggling peopleinto the United States. It also included penal-ties for anyone who “harbors, conceals, orshields from detection a person in theUnited States knowing . . . that such personis an alien who lacks authority to be in theUnited States.”

2. Employer sanctions. It created a pilot sys-tem that employers must use to verify thatemployees have proper documents. Allemployers must join the system within twoyears. Penalties for hiring undocumentedworkers are increased.

3. Increased security. It required the build-ing of two “layers of reinforced fencing,the installation of additional physicalbarriers, roads, lighting, cameras, andsensors” along much of the U.S.-Mexicoborder. It also funded thousands of newBorder Patrol officers.

4. Guest workers. It did not set up a guest-worker program.

Senate Bill 2611

This bill was sponsored by the Senator ArlenSpecter, a Republican from Pennsylvania. He wasthe chairman of the Senate Judiciary Committee.(This committee is now chaired by DemocratPatrick Leahy of Vermont.) The bill had six co-sponsors. The Senate passed the bill 62 to 36,with 38 (of 44) Democrats voting for it, and 32(of 55) Republicans voting against it. The statedpurpose of this bill was to improve border secu-rity and provide a comprehensive plan to addressunauthorized immigration.

The major provisions of this bill included:

1. Criminal penalties. It made clear that“unlawful presence” is not a felony. Peoplewho give humanitarian aid to undocument-ed workers may not be prosecuted for help-ing them. The bill strengthened penaltiesagainst smuggling people across the border.

2. Enhanced enforcement on employers.The bill created a new electronic verificationsystem that employers must use prior to hir-ing workers and punished employers violat-ing the law with penalties of up to $20,000in fines and three years in prison.

3. Increased security. It doubled the numberof Border Patrol officers within five years. Itcalled for the creation of a fleet of roboticvehicles, cameras, and sensors to monitorthe U.S.-Mexico border.

4. Guest workers. It set up a guest-worker pro-gram. This program allowed current undoc-umented workers who have been in the coun-try for five years to remain in the UnitedStates and apply for permanent residentstatus after working for six years if they paya $2,000 fine, pay an additional $1,250 infees, pay any back taxes, have no criminalrecord, and learn English and civics. Thosewho have been in the country at least twoyears but less than five, may apply for theguest worker program, but must leave thecountry temporarily. The program allowed200,000 guest workers to enter each year.

For a new immigration law to be passed, theHouse and Senate will have to craft bills that sat-isfy a majority in each house and the president.In 2006, the two bills discussed above did noteven make it to a Conference Committee (madeup of senators and members of the House) to rec-oncile the differences in the two bills.

The Secure Fence Act of 2006

When neither of the comprehensive bills passed,Congress considered another bill to address illegalimmigration. Sponsored by Representative PeterT. King, a Republican from New York, the bill


passed the House by a 283 to 138 vote. In theSenate, it passed by an 80 to 19 vote, with 54Republicans supporting it and 17 Democrats andone Independent and one Republican opposingit. Called the Secure Fence Act of 2006, the newlaw directed the secretary of homeland security toinstall at least two layers of reinforced fencing,vehicle barriers, additional lighting, cameras, andsensors along 700 miles of the 1,951-mile U.S.-Mexico border. When signing the bill into law,President George W. Bush said, “This bill will helpprotect the American people. This bill will makeour borders more secure. It is an important steptoward immigration reform.”

In April 2008, Secretary of Homeland SecurityMichael Chertoff announced that he wouldbypass more than 30 federal laws and regulations,such as environmental and endangered specieslaws, in order to complete construction of thefence by the year 2009. To do this, he relied on thelanguage of the REAL ID Act, which stated thatthe secretary could waive “all legal requirements”if he decides it would speed up the constructionof barriers along the border. Though Congressauthorized him to do this, the Supreme Courtwill soon rule on a case challenging those provi-sions of the REAL ID Act.

* * * * *In 2007, the U.S. Senate made another attempt topass a comprehensive immigration bill. The billfailed to make it to the Senate floor for a vote.Congress will not make any more attempts untilafter the 2008 elections.

For Discussion

1. What were the major differences between the2006 House and Senate bills? Do you thinka Conference Committee could have recon-ciled the differences? Explain.

2. What were the provisions of the Secure FenceAct of 2006? Do you think this is an effectiveway of addressing the issue of unauthorizedimmigration? Explain.

3. What procedures must be completed for anew federal immigration law to be passed?

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Two Bills

In this activity, students will meet in smallgroups and discuss the two immigration billsproposed in 2006.

1. As an individual, each student should dothe following:

a. Answer these questions and supportyour answers with reasons:

(1) Do you think it is important for theUnited States to increase bordersecurity to protect against terrorism?

(2) Do you think it is important toreform U.S. immigration law?

b. Reread the House bill carefully. Answerthese questions:

(1) Which provisions do you support?Why?

(2) Which provisions do you oppose?Why?

c. Reread the Senate bill carefully. Answerthese questions:

(1) Which provisions do you support?Why?

(2) Which provisions do you oppose?Why?

2. Divide the class into groups of three or fourstudents. In each group, students should:

a. Share their opinions with no commentsfrom the other group members.

b. Identify areas of agreement anddisagreement.

c. Prepare to report the different opinionsof the group.

3. Each group should report its opinions.Hold a class discussion on the variousopinions.


People in the United States have many optionsfor making their opinions heard on issuesfacing the country and their communities. TheFirst Amendment of the U.S. Constitutionguarantees the rights of free speech, free press,petition, and assembly. These rights assure thatpolitical parties, interest groups, and individu-als can influence the making of laws and gov-ernmental policies. The First Amendmentallows peaceful methods for influencing electedrepresentatives.

Choosing the best way to influence the politi-cal process can be a challenge. Questions ariseabout what method would be the most effec-tive. What benefits does a particular approachoffer? What are its potential costs? Politicalexperts and everyday people often debate thesequestions. Not everybody agrees.

One approach to affecting public policy andopinion is by demonstrating. A demonstrationcan include marching, picketing, and walkoutsby large numbers of people. Demonstrationshave certain benefits. They can capture theattention of the news media and draw attentionto the issue or cause. If large numbers of peo-ple are involved, demonstrations can show thatmany people have strong feelings about theissue. If demonstrations disrupt normal busi-ness, they can put pressure on officials.

Demonstrations can also have a downside. Ifthey disrupt peoples’ lives, they can causeresentment and alienate those who might besupportive. If they become violent, they cansway public opinion against the marchers.Because demonstrations can get so muchmedia attention, they can solidify opposition.

The 2006 nationwide student school walkoutsprotesting proposed changes to federal immi-gration law serve as an example. Supportersargued that that the demonstrations drewmedia coverage and focused greater publicattention to the issues involved and showed

that many students were strongly opposed tomore restrictive immigration laws. They arguedthat the demonstrations showed that the youngpeople involved were committed to their causeand exercising the rights of free expression andassembly non-violently.

Critics of the demonstrations argued that thewalkouts were illegal and disrupted schools andthe education of the youths involved. They alsopointed out that some of the schools affectedcould lose funding because students were notin school and those students could face disci-pline for walking out. Others also criticizedsome demonstrators, claiming that unrulybehavior and waving Mexican national flagscould actually hurt the cause supported by thestudents.

In addition to demonstrations, there are manyother methods for affecting policy.

As you review each of the following approach-es consider its benefits and costs. For each, dis-cuss the following questions.

• What is the purpose of this approach?

• What are some of its potential benefits?What are some of its potential costs?

• Under what circumstances, would thisapproach be appropriate and get the bestresults?


Options for Affecting Public Policy

Letters to the Editor

Almost every daily newspaper publishes lettersto the editor. Many people read them. With asingle letter, you can draw widespread attentionto your concerns and perhaps get more sup-port.

If your letter is published, show it to other peo-ple. Photocopy it and include it with handouts,fliers, news releases, etc.

Follow the paper’s instructions. You can findthem in the letters’ section,near the editorials. Theywill tell you where tosend the letter andother requirements.

Type and double-space the letter.

Include your name,address, and daytimephone number. Many paperscontact the sender before publishing the letter.

Use “To the Editor” as the salutation.

Keep it less than one page. Long letters are sel-dom printed. Editors shorten longer letters.

Focus on one issue only.

Get to the point. Say why you’re writing. Stateyour opinion and the reasons that support it. Ifyou have a solution, include it as a suggestion.

Make it stand out. Your letter will have agreater chance of being published. What makesa letter stand out? It might be interesting, havea good argument, use language well, be funny,etc. Include your age if this will help your letterstand out.

Letters to Officials

Most people in power keep close track of letterswritten by the public. It’s one of the ways theygauge public opinion. Although a U.S. senator,a CEO, or the head of a non-profit may notpersonally read your letter, he or she has assis-tants who read letters and tally opinions. Yourletter will be read, and it probably will beanswered.

Tell who you are. Giveyour name, address, andwho you are. The peoplewho read your letter wantto know who you are, whyyou care, and how to reachyou.

Focus on one issue. Don’t tryto fight crime, air pollution, and unemploymentall in one letter.

Keep it short and simple. State your ideas inthe first paragraph. Get your idea across in apage or less. People who read a lot of lettersdon’t have much time.

Be polite. You can disagree, but never threaten orinsult in a letter. Let your ideas do the talking.

Include supporting material. If you have anynewspaper articles, letters to the editor, or otherwritten material supporting your position,include it.


Letter-Writing Campaigns

If politicians and corporations pay attention toone letter, think of what many letters can do.

Get permission to set up a card table in themall and ask passersby to write letters. Hanga poster telling what you’re doing. You canhand out leaflets, talk to people, and get thoseinterested to write a short letter right there.Provide clipboards to write on. You can haveseveral people writing letters at one time.

Plan your target. Who should receive theletters? All the members of the citycouncil? The members sitting on aparticular committee? Just onemember? Decide.

Prepare a leaflet. Explain theproblem. Give the address ofthe person to write to.Include all the informationa person would need towrite and mail the letter.

Don’t send form letters. A handwrittenletter shows that a person really cares. Somegroups organizing letter-writing campaigns atmalls often use a variety of pens and paper andenvelopes. That way all the letters look differ-ent.

Get people’s names, addresses, and phonenumbers. People who write letters care aboutyour problem. They are potential supporters.

Ask for small contributions for stationeryand postage.

Petitioning

A petition is like a letter with a thousand signa-tures. It’s easier to get people to sign a petitionthan write a letter. Officials know this—that’s whythey pay more attention to a letter-writing cam-paign. But a petition will help spread the wordabout your cause and your organization.

Give your petition a clear, simple title. Tellwhat you want.

Address the petition to an individual or groupwho can help you with your problem.

Write your petition like a short letter. Brieflydescribe the problem, your plan, and your reasons.

Provide numbered spaces for people to writetheir signature, address, and telephone num-ber. The numbers will help you count the signa-tures you have collected.

Include your group’s name on the petition.

Make every page a separate petition. That waymore than one person can gather signatures.Also it makes it clear that people knew what theywere signing.

Get permission to set up a table at school or atthe local mall.

Be able to tell people about the problem andyour strategy in clear, simple language. Peoplewill want to know more before they sign.

Let people make up their own minds. Deliveryour message and let your ideas speak for them-selves.

Get your friends to sign first. People will feelbetter if a lot of other people have alreadysigned your petition.

Set a deadline. Energy for the drive will lasta short time. Make the drive short. You can hen claim, “In only a week, we collected 500signatures.”

Make copies of the petition before you deliv-er it. You may want to contact the people whosigned it.

Do something special to deliver the petition.Present it at a public meeting or invite the media.


E-Mail and Telephone Campaigns

Politicians keep track of e-mails and telephonecalls as carefully as they do letters. A flood ofphone calls or e-mails can get a politician’sattention as quickly as a stack of mail. And it’seasier for most people to call or e-mail than towrite a letter.

Target the swing votes. Unless your supporterswill call everyone, it’s best to call those law-makers who have not made up their minds.

Prepare a brief message. For example, “I hopeyou are supporting the proposed new park. It’svery important for everyone in the city.”

Prepare a leaflet telling supporters who andhow to call or e-mail. It should tell people:

• The name, title, phone number, and e-mailaddress of the official.

• The message to deliver.

Lobbying

You can work to persuade politicians to pass oroppose laws.

Know your subject. Politicians hear opinionsfrom all sides on an issue. If you only know alittle, you won’t get far.

Learn the rules. What does it take to get a billvoted on? Ask an assistant how the legislativeprocess works.

Find allies. What organizations have the sameinterests as you? Convince them that you canhelp each other by lobbying together. Findother politicians who will support your cause.

Know the opposition. Learn their arguments.You’ll have to overcome them.

Don’t burn your bridges. The saying, “Politicsmakes strange bedfellows,” means that youmight sometime need the support of someoneyou on occasion may consider an opponent.Don’t ever take part in personal attacks. Stickto the issues.

Meeting With a Lawmaker

Make an appointment. You cannot expect tosee a politician without an appointment. Evenwith one, the politician may have to leave earlyto vote. You may end up meeting with an assis-tant.

Prepare points to go over. Have a short list ofitems to talk about. You may even give the listto the politician. Prepareyour presentation.

Give the politiciancharts, leaflets, andprinted informa-tion on the subject.Give out anythingthat helps make yourcase.

Stay on task. You mightfind the conversation drifting onto other sub-jects. Politely try to guide it back on course.

Dress appropriately.

Finish your conversation by asking for acommitment. “Can we count on your sup-port?”

Express thanks and send a thank-you note.No matter how it goes, thank the lawmaker forhis or her time.

Testifying

Committees, commissions, and special panelshold hearings. You can express your opinionand show that it has community support.

Find out the place, date, and time of thehearing. Ask the sponsor or your representativefor this information.

Be on time. Some public hearings take testi-mony in the order of those signing in.

Fill the room with supporters. Have thembring posters, if they are allowed. But makesure your supporters do not antagonize thecommittee.


Panel Discussion

Overview

Panel Discussion and Civil Conversation activ-ities can provide teachers and students with for-mats for structured discussion of controversialissues.

Objectives

Students will be able to:

• Develop arguments on controversialissues.

• Gain insights into controversial issues.

• Express their viewpoints on controversialissues.

Preparation

You will need a copy of Handout A for eachstudent.

Procedure

A. Focus Discussion: Ask students: “Whatdo you think were the most importantissues we discussed in Current Issues ofImmigration? Why?” Hold a brief discus-sion.

B. Small-Group Activity: Panel Discussion

Step 1. Inform students that they are goingto discuss some issues raised by CurrentIssues of Immigration.

Step 2. Divide the class into groups of fiveor six students. Distribute Handout A—Panel Discussion to each student. Reviewthe handout. Give students time limits onthe discussion and have them begin.

Step 3. Call time. Call on reporters fromeach group to tell their answers to question#1. Repeat the process for each question.

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Controversial legal and policy issues, as they arediscussed in the public arena, often lead to polar-ization, not understanding. This CivilConversation activity offers an alternative. In thisstructured discussion method, under the guid-ance of a facilitator, participants are encouragedto engage intellectually with challenging materi-als, gain insight about their own point of view,and strive for a shared understanding of issues.

ObjectivesStudents will be able to:• Gain a deeper understanding of a contro-

versial issue.

• Identify common ground among differingviews.

• Develop speaking, listening, and analyticalskills.

Format Options1. Conversations for classroom purposes

should have a time limit generally rangingfrom 15 to 45 minutes and an additionalfive minutes to reflect on the effectivenessof the conversations. The reflection time isan opportunity to ask any students whohave not spoken to comment on the thingsthey have heard. Ask them who said some-thing that gave them a new insight, thatthey agreed with, or disagreed with.

2. A large-group conversation requires that allstudents sit in a circle or, if the group is toolarge, pair the students so that there is aninner and outer circle with students able tomove back and forth into the inner circle ifthey have something to add.

3. Small-group conversation can be struc-tured either with a small group discussingin the middle of the class “fish bowl” styleor simultaneously with different leaders ineach group.


Conducting a Panel Discussion and Civil Conversation

Preparation

You will need a copy of Handout B for eachstudent.

Procedure

A. Introduction: Briefly overview the pur-pose and rationale of the CivilConversation activity. Distribute copies ofHandout B—Civil Conversation. Reviewthe rules.

B. Reading Guide: The Civil Conversationcan be used with a news article or otherreading you select. Have students workingin pairs complete the reading by followingthe instructions and responding to thequestions in the Civil ConversationReading Guide.

C. Conducting the Activity

Step 1. Select one of the formats and timeframes from above and arrange the classaccordingly.

Step 2. If selecting the large-group format,the teacher leads the discussion using theprocedures from below. If using a small-group format, write the following proce-dures on the board and review them withthe class. Then select co-conversation lead-ers for each group.

Leader’s Instructions

• Begin the conversation, by asking everymember of the group to respond to ques-tions 3 and 4 of the Reading Guide.Members should not just repeat what oth-ers say.

• Then ask the entire group to respond ques-tion 5 and jot down the issues raised.

• Continue the conversation by discussingthe questions raised.

Step 3. Debrief the activity by having theclass reflect on the effectiveness of the con-versation. Begin by asking students toreturn to the Reading Guide and answerquestions 6 and 7. Then ask:

• What did you learn from the CivilConversation?

• What common ground did you findwith other members of the group?

Then ask students who were not active inthe conversation to comment on thethings they learned or observed. Concludethe debriefing by asking all participants tosuggest ways in which the conversationcould be improved. If appropriate, havestudents add the suggestions to their list ofconversation rules.



PPaanneell DDiissccuussssiioonnAs a final activity, the class will discuss in groups some of the issues raised by Current Issues ofImmigration.

In your group, do the following:

1. Decide on roles for group members. Select who will be . . .

Discussion leader—leads the discussions.

Recorder—takes notes on the discussions.

Reporter—reports the discussions to the class.

Timekeeper—keeps track of time for the group.

Task master—makes sure the group follows the discussion rules below.

2. Discuss each question below fully.

3. Prepare to report your discussion to the class. All members should help the recorderprepare.

Discussion Rules

1. Everyone should participate in the discussion.

2. Listen carefully to what others are saying.

3. Ask clarifying questions if you do not understand a point raised.

4. Be respectful of what others are saying.

5. Focus on ideas, not personalities.

# Discussion Question

1 What is the status of immigration policy in America today?

2What do you think are the most important issues associated with currentimmigration policy in America today?

3 What do you think should be done to address these issues?

Handout A


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1. Read the text as if it were written by someone you really respected.2. Everyone in the conversation group should participate in the conversation.3. Listen carefully to what others are saying. 4. Ask clarifying questions if you do not understand a point raised.5. Be respectful of what others are saying.6. Refer to the text to support your ideas.

7. Focus on ideas, not personalities.

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Reading _______________________________________________________

Read through the entire selection without stopping to think about any particular section. Payattention to your first impression as to what the reading is about. Look for the main pointsand then go back and re-read it. Briefly answer the following:

1. This selection is about _____________________________________________________

2. The main points are:

(a) ______________________________________________________________________

(b) ______________________________________________________________________

(c) ______________________________________________________________________

3. In the reading, I agree with__________________________________________________

_______________________________________________________________________

4. I disagree with____________________________________________________________

________________________________________________________________________

5. What are two questions about this reading that you think need to be discussed? (The bestquestions for discussion are ones that have no simple answer, ones that can use materials inthe text as evidence.)

__________________________________________________________________________

__________________________________________________________________________

The next two questions should be answered after you hold your civil conversation.

6. What did you learn from the civil conversation?___________________________________

___________________________________________________________________________

7. What common ground did you find with other members of the group?_________________

___________________________________________________________________________

Handout B

History of Immigration

Daniels, Roger Coming to America: A History ofImmigration and Ethnicity in American Life. HarperPerennial. 2002 • “Encyclopaedia of USA History:

Immigration to the USA 1860B1960.” Spartacus

Educational. URL: http://www.spartacus.schoolnet.

co.uk • Gabaccia, Donna. Immigration and AmericanDiversity: A Social and Cultural History. BlackwellPublishers. 2002. • Gjerde, Jon. Major Problems inAmerican Immigration and Ethnic History. HoughtonMifflin. 1998. • Hoefer, Michael. “Estimates of the

Unauthorized Immigrant Population Residing in the

United States: January 2006.” Department of Homeland

Security. August 2007. URL: www.dhs.gov •

“Immigration: The Changing Face of America.” Library

of Congress. URL: http://memory.loc.gov •

“Immigration Debate Links.” Constitutional Rights

Foundation. URL: http://www.crf-usa.org


Becker, Cynthia S. Immigration And Illegal Aliens 2005:Burden Or Blessing? Thomson Gale. 2005. • Dudley,William, editor. Illegal Immigration: Opposing Viewpoints.Greenhaven Press. 2002. • Haines, David W. et al., edi-

tors. Illegal Immigration in America: A ReferenceHandbook. Greenwood. 1999. • “Illegal Immigration:Border-Crossing Deaths Have Doubled Since 1995.” U.S.

Government Accountability Office. August 2006. URL:

www.www.gao.gov • “Immigration Debate Links.”

Constitutional Rights Foundation. URL:

http://www.crf-usa.org


Anderson, James E. Public Policymaking: An Introduction.Houghton Mifflin. 2000. • Dye, Thomas R.

Understanding Public Policy. Prentice Hall. 1997. •Theodoulou, Stella Z. et al., editors. Public Policy: TheEssential Readings. Prentice Hall. 1994.

Current Proposals on UnauthorizedImmigration

“Comprehensive Immigration Reform Act of 2006.”

National Immigration Law Center. URL: www.nilc.org

• Curry, Tom. “What’s at stake in illegal immigration

debate.” MSNBC.com. March 27, 2006. URL:

http://msnbc.com • “Fact File: The Immigration

Debate: A look at reform in Washington.”

MSNBC.com. URL: http://msnbc.com • “Fact Sheet:

Securing Our Nation’s Borders.” Department of

Homeland Security. URL: www.dhs.gov • Gamboa,

Suzanne. “Senate Cuts Part of House Immigration

Bill.” Houston Chronicle. March 27, 2006. URL:http://www.chron.com • “H.R. 4437.” Library of

Congress. URL: http://thomas.loc.gov • “Immigration

and Refugees.” New York Times. URL:http://topics/nytimes.com • “Key Provisions From the

>Comprehensive Immigration Reform Act of 2006’ (S.

2611)” American Immigration Lawyers Association.

URL: http://aila.org • Ladden, Jennifer. “Q&A: Inside

the Immigration Debate.” National Public Radio.

March 27, 2006. URL: http://www.npr.org • “A Look

at Major Immigration Proposals.” New York Times.March 27, 2006. • Neuman, Johanna. “Senate Struggles

to Craft Immigration Reform Compromise.” LosAngeles Times. March 27, 2006. • “Section by SectionSummary of Sensenbrenner Bill.” VisaLaw.com: The

Immigration Portal. URL: www.visalaw.com • Swarns,

Rachel. “Bill to Broaden Immigration Law Gains in

Senate.” New York Times. March 28, 2006. • ___.“Doubts Arise on Immigration Bill’s Chances.” NewYork Times. March 23, 2007. • Weisman, Jonathan.“Immigration Bills May Split Republicans.” WashingtonPost. March 2, 2006.

Options for Affecting Public Policy

Hayes, Bill et al. Active Citizenship Today Field Guide.Constitutional Rights Foundation. 2005.

“Illegal Immigration: Border-Crossing Deaths HaveDoubled Since 1995.” U.S. Government AccountabilityOffice. August 2006. URL: www.gao.gov


Sources

Current Issues of Immigration, 2008This curriculum package helps facilitate constructive classroom discussions of historical andcontemporary issues of U.S. immigration policy. The materials consist of six lesson mod-ules designed to put the current controversies about unauthorized immigration into histor-ical and political context.

1. History of Immigration Through the 1850s traces immigration to the United Statesthrough the 1850s. Particular attention is paid to the initial European immigration, thebringing of black slaves from Africa, Irish immigration and nativism against the Irish,and the Mexican-American experience and the Treaty of Guadalupe Hildalgo.

2. History of Immigration From the 1850s to the Present provides background onEuropean immigration at the turn of the 20th century, reactions against these immi-grants, immigration after World War II, today’s new immigrants, unauthorized immi-gration, and the reasons people immigrate to the United States.

3. Issues of Unauthorized Immigration explores current topics and policy options thathave been considered for addressing unauthorized immigration.

4. Federal Policy and Immigration examines the responsibility that the federal govern-ment has for handling immigration in a case study of the current legislative proposalsin Congress.

5. Current Proposals on Unauthorized Immigration looks at the current proposals putforward by the U.S. House and Senate. It examines their content and looks at their prosand cons.

6. Options for Affecting Public Policy reviews methods for engaging in public policyissues. It explores letters to the editor, letters to officials, letter-writing campaigns, peti-tioning, e-mail and telephone campaigns, and lobbying.

Also in the package are Conducting a Panel Discussion and Civil Conversation, twostrategies to engage students in discussing controversial issues and policies.

Constitutional Rights Foundation601 South Kingsley DriveLos Angeles, CA 90005(213) 487-5590 Fax: (213) 386-0459www.crf-usa.org

Current Isssues of Immigration, 2008 - Your History Site

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