The Resurgence of Nativism and the Codification of Detention in Law

Operation “Wetback”

In 1954, an anti-Mexican immigrant law was announced by INS Commissioner General Joseph Swing called “Operation Wetback.” The INS operation won support from several groups: the Mexican government, labor groups, and even Mexican-American civil rights groups acknowledged the labor problem, but they withheld extensive criticism. Operation Wetback was announced during the Eisenhower Administration (1953-1961). Operation Wetback involved the raids of work places where undocumented immigrants worked (U.S. House of Representatives). The phrase “wetback” is a racial slur used against Mexicans and Mexican-Americans.

Sterilizations on Mexican-American Women in the 1970s

Minorities in the United States, whether undocumented or not, have faced unfair and biased medical treatments. An example would be the Tuskegee Experiments. Eugenics was no exception and when the eugenics movement gained popularity in the early 1900s, sterilization procedures were done on African-American women and other minorities. After the events of World War II, eugenics’ popularity drastically decreased although there have been cases occurring periodically in the U.S. For example, in 1978, Dr. E. J. Quilligan started performing sterilization procedures on Mexican-American women. In the case, Madrigal v. Quilligan, he was accused of performing these procedures on women that did not consent to his practice. Dr. Quilligan’s malpractice shows the continuation of sterilization being used to create a more “advanced society” in his eyes and the eyes of white elites. “In California, sterilization disproportionately targeted Latino men and women. Women had a 59% higher risk and men had a 23% higher risk compared to other Americans of different ethnic and cultural backgrounds” (Chloe Reichel). The case was dismissed by Judge Jesse W. Curtis because they claimed it was a situation of “miscommunication” between the doctor and his patients (Marcela Valdes). Further information about eugenics use on immigrants will be expanded upon in the final page of the “The History Behind Immigration Detention in the United States” section.

Globalization

Around the 1980s, white-working and middle-class Americans have seen their wages steadily decline and manufacturing jobs disappear. This is due to globalization as it has led to America’s deindustrialization and the relocation of jobs overseas. These jobs were relocated due to cheaper wage structures, some of which are even based on slave labor. Some Americans, while trying to understand their dwindling lack of mobility and opportunities, have placed blame on immigrants instead of the businesses and corporations pushing jobs to other countries. Like with Chinese immigrants in the 19th century, the blaming of foreigners is an “…old, time-worn, scapegoating explanation that has been invoked repeatedly since the founding of the United States, particularly during economic downturns and moments of intense labor competition for poorly paid work” (Oxford).

Immigration Wave of the 1980s from Central America

The 1980s, according to anthropologist Daniel Reichman, led to a wave of immigrants from Central America. Civil Wars in El Salvador, Nicaragua, and Guatemala forced people to immigrate north to flee violence in their home countries. In 1998, Hurricane Mitch forced Hondurans to leave their homes and immigrate north as well. Major increases in gang violence and drug trafficking throughout Central America, which began in the 1990s, has increased. Many Mexicans were already living in the Southern and Western regions of the North American continent before the United States existed, according to the Library of Congress. More Mexicans came into the U.S. during the 20th century and Mexican immigrants continued to arrive into the late 20th and early 21st centuries. Mexican immigrants have been stigmatized as illegal aliens, starting in 1942, although the term was originally coined in the 1920s due to the Labor Appropriation Act of 1924, and then again in the 1990s. This was a rhetoric that intensified after the September 11, 2001 attacks on the United States by al-Qaeda.

NAFTA

The North American Free Trade Agreement (NAFTA) was created in 1994 and it promoted trade between the U.S., Mexico, and Canada. This agreement impacted undocumented immigration by forcing migrants to move to the United States to search for jobs. This was due to the reduction in tariffs. This reduction granted large subsidies to American farmers and as a result American farmers were able to export their agricultural goods and products at a lower price. This undermined Mexican farmers who had been reliant on exports that were sent to the U.S. For further information, click here: The Immigration Debate: NAFTA.

The Clinton Administration’s 1996 Anti-Immigration Laws

In 1996, President Bill Clinton signed into law the Antiterrorism and Effective Death Penalty Act (AEDPA) on April 24th. This legislation, according to Human Rights Watch, passed in the aftermath of the 1995 Oklahoma City bombing, which was a domestic terrorist attack. The perpetrators were white U.S. citizens: Timothy McVeigh and Terry Nichols and the attack was not associated with immigration. AEDPA greatly expanded the grounds for detaining and deporting immigrants, including long-term legal residents. This was the first U.S. law that authorized fast-track deportation procedures. Following the AEDPA, the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) was signed in September of 1996. This legislation made more sweeping changes to the U.S.’ immigration laws. For example, it eliminated key defenses against deportation and subjected many more immigrants, including those that were legal permanent residents, to detention and deportation. IIRIRA expanded the range of criminal convictions, including minor and nonviolent ones, where legal permanent residents could be deported automatically. IIRIRA made it exceptionally difficult for people fleeing persecution to apply for asylum. According to immigration attorney Sujata Winfield, Clinton’s acts that he signed into law in 1996 included a “3/10-year bar.” This prohibited immigrants from returning to the U.S. legally for 10 years if they had not been in the country for longer than a year without legal status and then leave the country without legal status. These immigrants would have to spend 10 years in another country before re-entering the U.S.

The laws the Clinton Administration (1993-2001) have also helped perpetuate a system of widespread immigration detention. According to the Human Rights Watch, these laws include provisions that authorize mandatory, and sometimes extended detention during deportation proceedings for thousands of immigrants that have already served their criminal sentences for drugs and other crimes. These provisions also require the detention of non-citizens in expedited deportation procedures while they apply for asylum or humanitarian protection.

September 11, 2001 and the Al-Qaeda Attack on the United States

According to Project South and PennState Law’s Center for Immigrant Rights Clinic, immigration detention has been rapidly evolving since the September 11th attacks on the twin towers in 2001. The Immigration and Nationality Act (INA) was the primary statute that governed immigration into the United States. The INA was signed into law in 1952 by President Truman. Following the September 11 attacks, the Immigration and Naturalization Service (INS) was removed by statute, and the Department of Homeland Security (DHS) was established. DHS currently has the authority to detain noncitizens and their authority is not limited. Immigration and Customs Enforcement, more commonly known by its acronym “ICE,” was created as a part of DHS by the George W. Bush Administration (2001-2009). DHS was given the authority to administer and enforce immigration laws. The Obama Administration (2009-2017) initially signaled for a civil immigration system and the greater use of prosecutorial discretion. However, there was a significant increase in the number of detainees. For example, the number of beds in the detention facilities increased to 34,000 per year due to the immigration detention quota.

Continue Here: The Amplification of Nativism and Xenophobia

Last edited April 23, 2021.