Defining Anti-Immigration for U.S. Latin@
Anti-immigration policies are precisely as their name suggests: laws or regulations enacted with the aim of reducing or controlling immigration into a country because it is perceived as "harmful." These policies target immigrants, refugees, and asylum seekers, limiting their ability to stay in the United States. The severe penalties imposed on these individuals alone include incarceration and deportation, tearing communities and families apart.
Anti-Immigration Policies in the U.S.
The Illegal Immigration Reform and Immigrant Responsibility Act of 1998 (IIRIRA) is a US Immigration law which dramatically changed the landscape for those who overstayed their visa or entered the country illegally. This meant that penalties were added for undocumented immigrants who commited crimes while in the United States, including minor offenses such as shoplifting and drug possession became the grounds for deportation. IIRIRA’s inactment was just one of the many laws inacted to criminilize immigrants. Current policies have denied or prevented entry in the United States, while others such as the removal of DACA and the Temporary Protected Status (TPS) are taking away status. Here are some ways in which United States federal immigration law continues to criminalize immigrants:
- Sections 1325 and 1326 of Title 8 of the US Code makes it a federal crime to enter or reenter the United States after deportation or removal order without a proper authorization.
- Elaine Duke, serving as the acting DHS Secretary, announced the termination of DACA, affecting over 700,000 recipients. Despite the Supreme Court's reversal of this decision on June 18, 2020, USCIS has refused to accept new applications.
- The Trump administration's 'zero tolerance' policy led to widespread detention of immigrants crossing the border illegally, resulting in the separation of thousands of immigrant children from their parents. This sparked national and international outcry over the treatment of immigrant families.
- ICE increases its arrest numbers by setting deportation traps, exploiting individuals who attend mandatory ICE check-ins to apprehend and deport them.
Anti-immigration policies have a profound impact on the Latino community in the United States, leading to family separations that inflict long-term emotional distress and creating a climate of fear that prevents access to essential services like healthcare and education. Such as the termination of DACA and TPS resulting in significant economic repercussions, including job losses and financial instability for many Latinos. Additionally, harsh penalties for minor infractions discourage Latinos from seeking legal assistance and restrict their access to justice. Simultaneously, the constant threat of deportation and a hostile environment can or will lead to psychological stress, including health consequences. Moreover, aggressive law enforcement erodes trust between Latino communities and public institutions, decreasing public safety and community engagement.