I. THE HISTORICAL AND PHILOSOPHICAL BASIS FOR IMMIGRATION

Why Do People Immigrate?

In this section, we will explore the reasons for immigration. Why do people leave their country of residence to find a new country? The answer is found in what are called "Push and Pull factors." When people decide to migrate from one country to another, it is usually because something pulls them to a new place. Alternatively, there could be something pushes people away from the country where they already live.

Push Factors

Push factors are forces that drive people away from their homes. Push factors relate to the person's home location and include negative things like a lack of jobs; famine, drought and other environmental concerns; poor medical care; war; and religious persecution. The history of migration to America is full of examples of push factors, like the Irish potato famine; the displacement caused by World War II, which included people fleeing both the Nazis and communist regimes; the fall of Cuba to communists; and the Vietnam War. All of these world events caused mass displacement and made living in certain countries very difficult.

Pull Factors

Pull factors are advantages that the new country has over the old one. These are commonly things like better economic conditions; more religious freedom; better health care and educational opportunities; and a stable government which is not at war.

Historically, the U.S. has had very high pull factors for people around the world. The U.S. has long been recognized for having high quality of living, with fewer class stratifications than other countries, which enables people to be more upwardly mobile. One of the most common reasons for migration to America is the desire of American employers to hire foreign workers. In the 1990s, the U.S. needed more skilled foreign workers, and immigration law changed to allow

the flow of more skilled workers and their families. This is an example of the law changing to make the pull factors even more attractive.

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To think about this plays out, imagine you live in a country where your community is at the center of a bitter land dispute between two warlords. There are many acts of violence, with local citizens caught in the crossfire. The flow of money and jobs are controlled by warlords, rather than by traditional employers. A famine made it nearly impossible to farm. Your family is expected to choose sides and is subject to extortion by local officials. Schools are open and closed according to the whims of these local rulers. You are Christian but your spouse is Muslim. Your children are exposed to vicious taunts because of their parents' religious backgrounds.

• If your family can get a Visa to immigrate to the United States, you can relocate to a safe community, work at a regular job and send your children to school without interruption.

• This was the situation that created a burst of immigration from Somalia and Ethiopia to the U.S. and other countries. In 1991, the Somalian government was overthrown, leaving the country in chaos. Various warlords fought a civil war. Famine created a lack of food resources. As a result, Somali refugees sought safe havens in other countries, like

America.

• In January of 2017, a married Somali couple who are both Christian and Muslim are awaiting refugee paperwork that would re-locate them and their five children to America.

As you review US immigration laws, imagine the different procedures that would open or close the door to immigration for this family.

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How Have Americans Historically Responded to Immigration?

Now that we've considered what drives people to leave their homeland, let's examine how America's cultural response to immigration shapes immigration law. In times where land is abundant, and labor is needed, Americans tend to be more welcoming of immigrants. American

policy during these times tends to be more lenient toward the arrival of newcomers. Conversely, when economic times are tough, or the country is at war, America tends to become more fearful of immigrants, and the immigration laws follow suit.

These trends are also reflected in America's long debate about how much immigrants should assimilate into American culture. One side of the debate says "immigrants should leave their culture behind and fully assimilate into American life." The other side says "we cannot force our culture on foreign nationals and we should allow their culture to become part of ours." The historical examples of immigration to America show that both sides have had an impact on how immigrants shape American culture and lose their own cultures.

American perception of assimilation is impacted by other factors as well, such as race, ethnicity and religion. At different periods of American history, certain groups have been targeted on this basis. For example:

• In the early 19th century, the Potato Famine pushed many Irish out of Ireland. The Irish were stereotyped as "lazy" "stupid" and "drunkards" upon first arrival in America.

• Religion also played a role in negative perception of certain immigrants. Many Americans once believed Irish and Italian Catholics would never be able to assimilate

into the U.S. Martin Scorsese's 2003 movie, Gangs of New York, has scenes showing the kind of anti-Catholic nativism and anti-Irish prejudice of the time.

• Similar factors impacted Chinese immigrants, who once told that their culture was so different that they could never become good Americans. We will explore the many cases dealing with Chinese immigrants later in this unit.

Immigration policy often changes to reflect the prejudices of the times. Consider these examples:

• In the early 20th century, German immigrants living in America suddenly found themselves targets of anti-German laws during World War I. Laws were passed prohibiting German language education, changing street names, and attacking GermanAmerican cultural institutions. President Woodrow Wilson looked down on people who

he termed "hyphenated Americans," whose loyalty was allegedly divided. Immigration from Germany was hotly debated.

• A similar backlash occurred during World War II, when Americans created internment camps for Japanese-Americans.

• Immigration policy has at times targeted people of certain political persuasion, and people with mental and physical disabilities.

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Modern immigration laws are still shaped by all of these factors.

Over the last 30 years, America has adjusted its immigration laws in response to these situations. Here is a brief overview of how the law has evolved:

• For example, in 1986, Congress passed the Immigration Marriage Fraud Amendments (I-

M-F-A), in order to deter people from marrying U.S. citizens just to enter or stay in the country legally. Once again, this development was actually treated in a movie. The 1990 romantic comedy Green Card tells the humorous tale of a sham marriage between a

Frenchman and an American who come together so the man can remain in America legally… Predictably, the two fall in love!

• In 1990, Congress wanted to increase immigration of skilled workers. It passed a law allowing immigration for foreign nationals with extraordinary ability in certain fields that were prized by American employers. The 1990 Act also increased the ability of families to reunite in America by enabling immigrants to sponsor additional family members.

• In 1994, Congress regulated trade with Canada and Mexico by coming up with the North

American Free Trade Act (NAFTA). Despite the law's intention, Mexico's economy did not improve under NAFTA, in large part because corporations could get even cheaper labor in China. Mexican farmers struggle to compete with their Canadian and American counterparts, who are heavily subsidized, which drove workers to bigger cities in

Mexico, and eventually, to the USA.

• In 1996, Congress passed the Antiterrorism and Effective Death Penalty Act (A-E-D-PA), in response to the first World Trade Center bombing and other events. Among other things, AEDPA made it easier to remove illegal immigrants involved in criminal activity.

• The 1996 Congress also restrict illegal immigrants from eligibility for certain benefits.

• And in 2001, there were significant changes to US immigration law as a result of the 9/11 terrorist attacks. These many changes will be treated in a later unit.

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