Illegal immigration to the United States
Foreign nationals (aliens) can violate US immigration laws by entering the United States unlawfully[2][3] or lawfully entering but then remaining after the expiration of their visas, parole, or temporary protected status. Illegal immigration has been a matter of intense debate in the United States since the 1980s.
The illegal immigrant population of the United States peaked by 2007, when it was at 12.2 million and 4% of the total U.S. population.[4][5] Estimates in 2016 put the number of illegal immigrants at 10.7 million, representing 3.3% of the total U.S. population.[4] Since the Great Recession, more illegal immigrants have left the United States than entered it, and illegal border crossings were at the lowest in decades until 2021, when a record of 1.7 million people were caught trying to cross the southern border illegally.[6][7][8][9][10] Since 2007, visa overstays have accounted for a larger share of the growth in the illegal immigrant population than illegal border crossings,[11] which have declined considerably from 2000 to 2018.[12] In 2012, 52% of illegal immigrants were from Mexico, 15% from Central America, 12% from Asia, 6% from South America, 5% from the Caribbean, and another 5% from Europe and Canada.[13] As of 2016, approximately two-thirds of illegal adult immigrants had lived in the U.S. for at least a decade.[4]
Opponents of illegal immigration argue that people who enter the United States illegally are criminals, as well as social and economic burdens on law-abiding natives. Opponents also argue that illegal immigrants who enter the United States illegally should be deported instead of being awarded with U.S. citizenship and social services.[14] Some argue that illegal immigrants should instead enter the United States lawfully through legal immigration.[15][16]
Research shows that illegal immigrants increase the size of the U.S. economy, contribute to economic growth, enhance the welfare of natives, contribute more in tax revenue than they collect, reduce American firms' incentives to offshore jobs and import foreign-produced goods, and benefit consumers by reducing the prices of goods and services.[17][18][19][20] Economists estimate that legalization of the illegal immigrant population would increase the immigrants' earnings and consumption considerably, and increase U.S. gross domestic product.[21][22][23][24] There is scholarly consensus that illegal immigrants commit less crime than natives.[25][26] Sanctuary cities—which adopt policies designed to avoid prosecuting people solely for being in the country illegally—have no statistically meaningful impact on crime.[27][28] Research suggests that immigration enforcement has no impact on crime rates.[27][29][30]
The categories of foreign-born people in the United States are:
The latter two constitute illegal immigrants: as they have no legal documentation to entitle them to be in the U.S., they are also referred to as undocumented immigrants or undocumented Americans.[34][35]
Non-citizen residents can be or become illegal in one of four ways: by unauthorized entry, by failure of the employer to pay worker documentation fees, by staying beyond the expiration date of a visa or other authorization, or by violating the terms of legal entry.[36][37]
Controversies
Mexican federal and state government assistance
The U.S. Department of Homeland Security and some advocacy groups have criticized a program of the government of the state of Yucatán and that of a federal Mexican agency directed to Mexicans migrating to and residing in the United States. They state that the assistance includes advice on how to get across the U.S. border illegally, where to find healthcare, enroll their children in public schools, and send money to Mexico. The Mexican federal government also issues identity cards to Mexicans living outside of Mexico.[118]
Education
An estimated 65,000 undocumented youth graduate from high school every year but only 5 to 10 percent go on to college. Research shows that policies regarding tuition and admissions procedures, impact students the most.[263] As of October 2015, twenty states had given undocumented students' in-state resident tuition (ISRT) while five states had completely prohibited their enrollment.[263] Although states grant undocumented students resident tuition, federal laws do not award undocumented immigrants financial aid.[264] Without financial aid, students cannot afford higher education, making it difficult for this community to attain social mobility.[265][264]
In 1982, Plyler vs Doe granted all students, regardless of status, the right to a public K-12 education.[263] The ruling found that denying undocumented students access to public education outweighed the effects of not educating them, however states continued implementing policies that challenged the Supreme Court decision.[266] In 1994, California implemented Proposition 187, prohibiting undocumented students from enrolling in schools and required educators to report students who they suspected were undocumented.[267] Likewise, the state of Alabama in 2011, requiring administrators to report the status of recently enrolled students; which resulted in a 13% dropout rate that year.[266][267]
Organizations such as the American Federation of Teachers have created guides for educators of immigrant and refugee students, urging schools to build policies that provide these students with protection from policies that would criminalize them.[268][267] In 2014, Operation Border Guardians targeted undocumented immigrants who had come to the United States as minors and recently turned 18 or were 16 with a criminal history.[267] Federal immigration judges sent out court orders to apprehend students that were not currently appealing their cases.[267] Immigration and Customs Enforcement (ICE) was detaining students on their way to school. When undocumented students turn eighteen, their youth status no longer protects them from immigration policies such as deportation.[269] The National Education Association (NEA) and the National School Board Association (NSBA) in 2009, created guidelines for educators working with undocumented students, informing school personnel about their students' rights concerning immigration legislation as it transpires in the community.[270][267] The American Federation of Teachers created a guideline specifically speaking to concern regarding deportation.[267]
A case study conducted on Aurora Elementary examined how school personnel quickly developed boundaries to ensure the safety of their students when ICE appeared in the community.[267] The study evaluated how educators' established school policies with limited knowledge regarding policies. In the study, 14 staff members of Aurora spoke about the fear it created in the community. The school was placed on an unofficial lockdown, and no one was to leave campus unless given permission. Days following the event, parents stopped sending their children to school. After speaking to the district's legal department, they informed her that they would not be able to do anything in their part, but that she could call families and inform them about the ICE raids. She worked with school personnel to create school policies that protected the students when immigration legislation transpired in the community. Further, aligning school policies with district goals to ensure that undocumented students' education is protected.[267]
Studies have shown that undocumented immigrants are wary of disclosing their immigration status to counselors, teachers and mentors. In other words, undocumented students sometimes did not disclose their status to the very individuals that could help them find pathways to higher education.[271][272]
Celebrities
Celebrities who perform their normal paid duties may suddenly find themselves working illegally if they travel to the United States.[297] (See § In the workforce.) This has become especially common with the increase in Internet celebrities.[297] Because they are doing something many do without pay and are traveling with no more equipment than many travelers do every day, they may not be aware that they are breaking the 1986 Immigration Reform and Control Act (IRCA).[297]