The History of Post War Immigration
U.S. immigration increased steadily since WWII. According to the National Academies' Commission on Behavioral and Social Sciences and Education, this trend includes growing numbers entering without lawful documentation, refugees and persons seeking political asylum, persons coming from Asia and Latin America, and immigrants admitted for particular occupations rather than on family tie or national origin criteria. Changes in American law reflect the government's response to these immigration trends.
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Immigration Trends Since WWII
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An average over 700,000 immigrants came to the U.S. each year in the first two decades of the twentieth century. The next three decades saw that drop to less than 70,000 per year. After World War II, immigration to the U.S. climbed increasingly upward to the present day. Data from the U.S. Department of Homeland Security, Office of Immigration Statistics, indicates that immigration to the United States has returned to its peak levels of approximately 1 million new immigrants per year.
First Registration Laws
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The 1940 Alien Registration Act for the first time required all non-U.S. citizens in the United States to register with the government and receive an Alien Registration Receipt Card. The 1950 Internal Security Act tightened requirements for alien registration and converted the Receipt Card to Form I-151, now known as the 'green card.' These were primarily in response to the "red scare"--concern about socialists fleeing Europe to the political freedoms of the U.S.
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Start of Modern Quota Systems
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In 1952 the modern U.S. immigration system went into effect with a quota system imposing admission limits on a per-country basis. It also established priorities to family members and people with special skills. Prior to these statutes there was effectively no such thing as an 'illegal immigrant.' If people could get here and find work, they were permitted to remain. Earlier immigration portals like Ellis Island were quarantine stations, turning away immigrants on the basis of contagion, not documentation status.
End of Immigration Discrimination
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Parallel to the Civil Rights Act, a 1968 immigration statute abolished immigration discrimination based on race, place of birth, sex and residence, and specifically eliminated residual restrictions on Asian immigration. A 1976 law eliminated preferential treatment for residents of the western hemisphere, and a 1980 statute established a policy governing admission of refugees.
1986 Immigration Act
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By 46 years after alien registration was first adopted, it became apparent that as many, if not more, people were entering the US without following the prescribed procedure. The 1986 Immigration Act legalized hundred of thousands of illegal immigrants and introduced employer sanctions that fines employers for hiring illegal workers. A 1990 Act established an annual limit for certain categories of immigrants, aimed at helping U.S. businesses attract skilled foreign workers; thus, it expanded the business class categories to favor persons who can make educational, professional or financial contributions.
Homeland Security Reorganization
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The 2001 USA Patriot Act and a 2003 reorganizing statute moved the US Immigration and Naturalization Service into the Department of Homeland Security (DHS). The new U.S. Citizenship and US Immigration Services (USCIS) handles all US immigration services and benefits, including citizenship, applications for permanent residence, non-immigrant applications, asylum and refugee services.
Enforcement of Current Immigration Laws
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U.S. immigration enforcement functions are now under the Department's Border and Transportation Security Directorate, known as the Bureau of US Immigration and Customs Enforcement (BICE). Under this newest wave of immigration statutes, undocumented aliens are now deemed criminals, and immigration is perceived of as primarily a law enforcement issue, rather than one of social, health and economic service.
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- Photo Credit Cindy Hill
